Amendment #175 to H3400

Aeronautics Civil Citations

[Sponsors] Representative Straus of Mattapoisett moves to amend the bill by adding the following section:

SECTION_____: Chapter 6C, as so appearing, is hereby further amended by inserting the following section:-

Section 60A. (a) The division shall have the authority to issue civil citations and to impose and collect fines and to impose other penalties for violation of aeronautics laws contained in sections 35 to 52, inclusive, of chapter 90, including any rules and regulations established by the division. The administrator, or his or her designee, after determining that a violation has occurred, is authorized to cite the offender for such violation by issuing a civil citation.

(b) The administrator, or his or her designee, shall request, and the offender shall provide, the offender’s name, address and a form of identification. If the infraction involves the operation of an aircraft, the administrator, or his or her designee, shall request the examination of the offender’s current airman and medical certificates, if applicable, as well as an examination of the aircraft, if any, involved in the violation.

(c) The administrator, or his or her designee, shall issue a written citation to the offender at the time and place of the violation, if possible, and the offender shall sign the citation acknowledging its receipt. If it is not possible to serve the offender with a citation at the time of the infraction, the administrator, or his or her designee, shall mail a copy of the citation, by certified mail, return receipt requested, to the offender at the offender’s last known address, within 10 working days of the date the citation was issued.

(d) If the administrator, or his or her designee, is unable to identify the offender, a citation shall be sent to the registered owner of the aircraft involved in the violation as appearing on the records of the division or the Federal Aviation Administration. The issuance of the citation shall be deemed to be sufficient notice to the alleged offender. Proof of registration shall be prima facie evidence that the registrant is the offender.

(e) Each citation served shall include, (1) the name and address of the offender and the federal registration number of the aircraft involved, if any; (2) date, time and place of the offense; (3) description of the offense alleged; (4) signature of the administrator, or his or her designee, issuing the citation; (5) amount of penalty derived from a schedule established by the division and promulgated by statute or regulation; (6) instructions and time limits for paying the penalty; and (7) procedures for requesting a non-criminal hearing.

(f) The offender shall remit full payment of the penalty within 30 days of the date of the citation, by mailing or delivering a bank check or money order payable to the commonwealth at the address stated on the citation. Payment in full of the specified penalty and any late payment penalty shall operate as final disposition of the matter and no record shall be entered in any criminal or probation records of the court. Late payment charges in the amount of 10% of the penalty shall be assessed, in addition to the penalty, for each 30 days, or part thereof, while the citation is unpaid.

(g) In lieu of initial payment, the offender may request, in writing within 30 calendar days from the date of the citation, a non-criminal hearing to be held before the administrator, or his or her designee. All hearings shall comply with chapter 30A of the General Laws.

(h) The administrator, or his or her designee, shall issue an adjudicatory decision for or against the offender. If the offender is found liable, the administrator, or his or her designee, shall require the offender to pay, within 21 calendar days from the date of the finding or a longer time as may be determined by the administrator, or his or her designee, an amount not to exceed the scheduled penalty established for the offense by regulation or statute.

(i) If the offender fails to timely render payment of the citation, fails to timely request a hearing, fails to appear for a scheduled hearing or fails to render payment of the citation upon an order of the court, the division may seek a criminal complaint against the offender without conducting a preliminary hearing pursuant to section 35A of chapter 218 of the General Laws.

(j) All fees, fines, and penalties collected by the division shall be deposited into the Massachusetts Transportation Trust Fund, established in section 4 of this chapter.