105 Ind. Admin. Code 3-3-32

Current through December 25, 2024

Section 105 IAC 3-3-32 - Specific exemptions

Authority: IC 8-9.5-5-8

Affected: IC 8-9.5; IC 8-21-1; IC 15-16-5-48

Sec. 32.

This regulation ( 100 IAC 3-4) [this rule] pertaining to the department's authority to issue certificates of site approval, operating certificates of approval, and approval notices does not apply to provisional landing sites.

A provisional landing site is any area, site or location which is not classified as an airport, has no based aircraft, and is only used on an occasional basis with the landowner's permission by helicopters, lighter-than-air aircraft, or aircraft engaged in aerial applications to agricultural lands in accordance with the following statutory restrictions:

(a) Agricultrual [sic.] applications if the applicator:

(1) is licensed as a pesticide operator by the state chemist and has met the requirements of Indiana Code 15-3-3.6-6 [IC 15-3 was repealed by P.L. 2-2008, SECTION 83, effective July 1, 2008.], and

(2) has received permission to use the land for agricultural aviation purposes from the owner or lessee of the land.

(b) Helicopters if the operator of the helicopter:

(1) meets FAA qualifications for operation of the specific aircraft;

(2) determines that air routes to and from the site are acceptable to the aircraft's limitations and that proposed routes in congested areas provide for emergency landings in the event that an autorotation descent is necessary;

(3) follows all FAA regulations covering landings in the event that an autorotation descent is necessary;

(4) has received permission to use the site from the owner or lessee of the site.

(c) Lighter-than-air aircraft. However, no person may operate a lighter-than-air aircraft from any landing site unless the pilot is in compliance with:

(1) all applicable federal air regulations, and

(2) the department's rules and regulations which relate to the operation of lighter-than-air aircraft ( 100 IAC 4-1) [ 105 IAC 4-1 ].

105 IAC 3-3-32

Indiana Department of Transportation; 105 IAC 3-3-32; filed Jan 6, 1983, 1:55 p.m.: 6 IR 318; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA

Readopted filed 10/4/2019, 9:49 a.m.: 20191030-IR-105190422RFA

Transferred from Department of Transportation ( 100 IAC 3-4-32) to Indiana Department of Transportation ( 105 IAC 3-3-32) by P.L. 112-1989, SECTION 5, effective July 1, 1989.