72-10-115 - Certificate carried subject to inspection -- Burden of proving validity of certificate in criminal proceedings.
72-10-115. Certificate carried subject to inspection -- Burden of proving validity ofcertificate in criminal proceedings.
(1) The certificate of license or permit required of a pilot or a student shall be kept in thepersonal possession of a licensee or permittee operating an aircraft within the state.
(2) The certificate of license required for an aircraft shall be carried in the aircraft at alltimes and shall be conspicuously posted in clear view of passengers.
(3) The certificate of pilot's license, student's permit, or aircraft license shall be presentedfor inspection upon the demand of any peace officer of this state, any authorized official oremployee of the division, or any official, manager, or person in charge of any airport in this stateupon which it shall land, or upon the reasonable request of any other person.
(4) In any criminal prosecution under this title, a defendant who relies upon a license orpermit of any kind has the burden of proving that the defendant is properly licensed or is thepossessor of a proper license or permit.
(5) The fact of nonissuance of a license or permit may be evidenced by a certificatesigned by the official having power of issuance, or his deputy, under seal of office, stating that adiligent search in the office records has been made and that from the records it appears that nolicense or permit was issued.
Renumbered and Amended by Chapter 270, 1998 General Session