Article 2. Powers And Duties of California Public Utilities Code >> Division 9. >> Part 1. >> Chapter 2. >> Article 2.
This state recognizes the authority of the federal
government to regulate the operation of aircraft and to control the
use of the airways, and nothing in this act shall be construed to
give the department the power to so regulate and control safety
factors in the operation of aircraft or to control use of the
airways. This section does not affect the state's power to regulate
the intrastate rates of common carriers by air, and such power is
hereby reserved to the state.
The department shall encourage, foster, and assist in the
development of aeronautics in this state and encourage the
establishment of airports and air navigation facilities. It shall
cooperate with and assist the federal government, political
subdivisions of this state, and others in the development of
aeronautics, and shall seek to coordinate their aeronautical
Political subdivisions may cooperate with the department in the
development of aeronautics and aeronautics facilities in this state.
The department may:
(a) Draft and recommend necessary legislation to advance the
interest of the state in aeronautics.
(b) Represent the state in aeronautical matters before federal and
(c) Participate as plaintiff or defendant or as intervenor on
behalf of the state or any political subdivision or citizen in any
controversy which involves the interest of the state in aeronautics.
(d) Assist political subdivisions and their law enforcement
agencies in becoming acquainted with and enforcing the civil air
The department may make and amend general or special rules,
regulations, and procedures and establish minimum standards,
consistent with and clearly within the scope of federal legislation
governing aeronautics and the rules, regulations, and standards
issued thereunder. The department may, by regulation, classify
airports into several reasonable classes or groups according to their
facilities and the types and number of aircraft which they are
capable of handling and may make and amend rules, regulations, and
procedures and establish minimum standards for each separate class or
For the purpose of protecting and insuring the general
public interest and safety and the safety of persons operating,
using, or traveling in aircraft and developing aeronautics in this
state, and after appropriate public hearings, the department may make
and amend temporary general or special rules and procedures and
establish temporary minimum standards consistent with this part as it
deems necessary to administer this part. The department shall draft
these temporary rules, procedures, and standards in the form of
proposed aviation law and shall submit them to the next general
session of the Legislature. These temporary rules, procedures, and
standards shall not remain in effect beyond 90 days after the final
adjournment of that session of the Legislature.
The department shall keep on file with the Secretary of
State, and at its principal office, a copy of all its rules for
The department shall provide for the publication and general
distribution of all its orders, rules, and procedures having general
The department may enter into any contracts necessary to the
execution of its powers under this part. All contracts made by the
department, either as the agent of the state or as the agent of any
political subdivision, shall be made pursuant to the laws of the
state governing the making of like contracts. Where the planning,
acquisition, construction, improvement, maintenance, or operation of
any airport or air navigation facility is financed wholly or
partially with federal money the department, as agent of the state or
of any political subdivision, may let contracts in the manner
prescribed by the federal authorities acting under the laws of the
United States and any rules made thereunder.
The department may exercise any of its powers under this
part jointly with any political subdivision, state agency, other
states or their political subdivisions, or the United States.
The department may confer or hold joint hearings with any
federal agency in connection with any matter arising under this part
or relating to the sound development of aeronautics.
The department may avail itself of the cooperation,
services, records, and facilities of the federal agencies in the
administration and enforcement of this part. It shall cooperate with
and make available to the federal agencies, its services, records,
and facilities, insofar as practicable.
In administering this part the department may use the
facilities and services of other state agencies and political
subdivisions to the utmost extent possible. These agencies and
political subdivisions shall make available to the department their
facilities and services.
(a) The department, its members, the director, officers and
employees of the department, and every state and peace officer
charged with the enforcement of state and subordinate laws or
ordinances, may enforce and assist in the enforcement of this part,
the rules and orders issued under this part, and all other laws of
this state relating to aeronautics. In the enforcement of such rules,
orders, and laws, the director, and such officers and employees as
the director may designate, shall have the authority, as public
officers, to arrest without a warrant, any person who, in his
presence, has violated or as to whom there is probable cause to
believe has violated any of such rules, orders, or laws.
In any case in which an arrest authorized by this subdivision is
made for an offense declared to be a misdemeanor, and the person
arrested does not demand to be taken before a magistrate, the
arresting officer may, instead of taking such person before a
magistrate, follow the procedure prescribed by Chapter 5C (commencing
with Section 853.6) of Title 3 of Part 2 of the Penal Code. The
provisions of such chapter shall thereafter apply with reference to
any proceeding based upon the issuance of a citation pursuant to this
(b) There shall be no civil liability on the part of and no cause
of action shall arise against any person, acting pursuant to
subdivision (a) and within the scope of his authority, for false
arrest or false imprisonment arising out of any arrest which is
lawful or which the arresting officer, at the time of such arrest,
had reasonable cause to believe was lawful. No such officer shall be
deemed an aggressor or lose his right to self-defense by the use of
reasonable force to effect the arrest or to prevent escape or to
(c) The director, and such officers and employees as the director
may designate, may serve all processes and notices throughout the
In the name of the state, the department may enforce this
part and rules and orders issued under this part by injunction or
other legal process in the courts of this state.
The department may report to the appropriate federal
agencies and agencies of other states all proceedings instituted
charging violations of Section 21407, and Sections 21409 to 21412,
inclusive, and all penalties of which it has knowledge imposed upon
airmen or the owners or operators of aircraft for violations of the
law of this state relating to aeronautics or for violations of the
rules or orders of the department.
The department may receive reports of penalties and other
data from agencies of the federal government and other states, and
may enter into agreements with these agencies governing the delivery,
receipt, exchange, and use of reports and data. The department may
make the reports and data of these agencies and of the courts of this
state available to any court of this state and to any officer of the
state or of any political subdivision authorized to enforce the
aeronautics laws by Section 21252.
The department may accept, receive, receipt for, disburse,
and expend federal and other money, public or private, made available
to accomplish in whole or in part any of the purposes of this part.
All federal money accepted under this part shall be accepted and
expended by the department upon the terms and conditions prescribed
by the United States. In accepting federal money under this part, the
department shall have the same authority to enter into contracts on
behalf of the state as is granted to the department under Section
21603. The department shall deposit all money received under this
section in the Special Deposit Fund in the State Treasury, to be
disbursed or expended in accordance with the terms and conditions
upon which it was made available.
The department may own and operate aircraft for use in the
furtherance of its duties, employ airmen and mechanics for proper
operation and maintenance of the aircraft, and insure its employees
against injury or death arising from aircraft accidents incurred in
the performance of their assigned duties, within the limits of
appropriations for these purposes.
The department shall represent the state and local agencies
before the Civil Aeronautics Board and other federal agencies in all
matters related to the Airline Deregulation Act of 1978 (P.L. 95-504,
as amended) and the essential air service program created by that
act. The department shall assist and cooperate with federal, state,
and local agencies and private entities in the development of a
stable and efficient regional air carrier system.