South Carolina Code of Regulations Chapter 3 - DEPARTMENT OF COMMERCE-AERONAUTICS DIVISION

Overview of Chapter 3: Department of Commerce – Aeronautics Division

Chapter 3 of the South Carolina Code of Regulations governs the Aeronautics Division of the South Carolina Department of Commerce. The Aeronautics Division is responsible for overseeing the development and regulation of aviation activities within the state, including airports, aircraft operations, and aviation safety.

This chapter outlines the regulatory framework for the operation of airports, the licensing of pilots, and the certification of aviation-related businesses and services in South Carolina. It also sets standards for the funding of airport infrastructure and the promotion of aviation-related economic development in the state.

Key Provisions and Articles in Chapter 3

1. Article 3:01 – General Provisions

This article provides the foundational structure and scope of the Aeronautics Division’s authority:

Division Authority:
The Aeronautics Division operates under the authority of the South Carolina Department of Commerce and is empowered to regulate and promote aviation within the state. The division has the authority to issue rules, oversee airport operations, and administer funding programs related to aviation.

Purpose and Mission:
The mission of the Aeronautics Division is to foster the growth of aviation and ensure safety and efficiency in the operation of airports and aircraft. This includes promoting air transportation, developing aviation infrastructure, and ensuring compliance with federal and state regulations.

Definitions:
The regulations define key terms related to aviation, such as “aviation,” “aircraft,” “airports,” and “aviation services.” These definitions help establish clarity in the application of the rules.

2. Article 3:02 – Airport Operations and Certification

This article outlines the standards and procedures for operating and certifying airports in South Carolina:

Airport Certification Requirements:
Airports in South Carolina must meet certain standards set by the Aeronautics Division in order to be certified to operate. This includes compliance with safety regulations, operational procedures, and equipment standards.

Operational Safety and Standards:
The Aeronautics Division sets minimum standards for airport operations, including safety protocols, lighting, signage, runway maintenance, and emergency response capabilities. Airports are required to conduct regular inspections and maintenance to ensure they remain in compliance.

Airport Funding:
The Division administers state and federal funds for the development and improvement of airport infrastructure. These funds may be used for runway construction, terminal upgrades, and safety enhancements. Airports must apply for grants and meet specific eligibility criteria.

Airport Classification:
Airports in the state are classified based on their size, capacity, and operational needs. Different classifications may dictate the level of funding and oversight they receive from the Aeronautics Division.

3. Article 3:03 – Aircraft Registration and Licensing

This article covers the registration and licensing of aircraft and pilots in South Carolina:

Aircraft Registration:
All aircraft operating within South Carolina must be registered with the Aeronautics Division. The registration process involves submitting proof of ownership, airworthiness certificates, and other relevant documentation.

Pilot Licensing:
The Aeronautics Division regulates the licensing of pilots within the state. Pilots must meet the qualifications set by the Federal Aviation Administration (FAA) and the state for various types of flight operations (private, commercial, etc.). The Division issues state-level pilot certificates and tracks the renewal of licenses.

Airworthiness and Inspections:
The Division conducts inspections of aircraft to ensure compliance with safety and airworthiness standards. These inspections are necessary for renewing registrations and ensuring safe operation.

4. Article 3:04 – Aviation Safety and Compliance

This article focuses on aviation safety standards and the enforcement of safety regulations in South Carolina:

Safety Inspections:
The Aeronautics Division conducts regular safety inspections of airports, aircraft, and aviation equipment. These inspections help identify potential safety hazards and ensure compliance with both state and federal aviation regulations.

Accident Investigation:
In the event of an aviation accident within the state, the Aeronautics Division works in coordination with federal authorities (such as the National Transportation Safety Board or NTSB) to investigate causes and prevent future incidents. The Division may conduct its own investigations if necessary.

Safety Programs:
The Division promotes safety through education programs, safety seminars, and outreach activities aimed at reducing aviation accidents and improving pilot and airport safety awareness.

5. Article 3:05 – Aviation Economic Development

This article addresses the economic development aspects of aviation in South Carolina:

Aviation and Economic Growth:
The Aeronautics Division plays a role in promoting aviation as a key economic driver for the state. It works to attract aviation-related businesses, such as aviation maintenance companies, aircraft manufacturers, and flight schools, to South Carolina.

Aviation Infrastructure Funding:
The Division allocates funds to improve airport infrastructure, such as terminal buildings, cargo facilities, and runways. Investment in these facilities aims to improve airport capacity and services, ultimately supporting economic development.

Promotion of Air Cargo and Passenger Services:
The Division works to attract air cargo carriers and commercial airlines to the state. Expanding air cargo and passenger services helps drive economic growth by connecting South Carolina businesses to global markets.

6. Article 3:06 – Aviation Fuel Tax and Fees

This article regulates the taxation and fee structures related to aviation activities in South Carolina:

Aviation Fuel Tax:
South Carolina imposes a tax on aviation fuel, which is used to fund airport development and aviation-related programs. The tax is applied to fuel purchases by both commercial and private aircraft.

Fee Structure for Aviation Services:
The Aeronautics Division establishes fees for services such as aircraft registration, airport inspections, and certifications. These fees help support the Division’s operations and programs.

Exemptions:
Certain types of aviation activities or organizations, such as non-profit flying clubs or government operations, may be exempt from some of the taxes or fees outlined in the regulations.

7. Article 3:07 – Licensing of Aviation Businesses

This article governs the licensing of aviation-related businesses in South Carolina:

Business Licensing Requirements:
The Aeronautics Division oversees the licensing of businesses involved in aviation activities, such as flight schools, maintenance facilities, and charter operators. These businesses must meet specific operational standards and comply with safety regulations.

Business Inspections:
The Division conducts inspections of aviation businesses to ensure that they meet operational and safety standards. Failure to comply with regulations can result in penalties or loss of business licenses.

Purpose and Goals of Chapter 3

The primary goals of Chapter 3 are:

Regulation and Oversight:
To provide regulatory oversight of the aviation industry in South Carolina, ensuring that airports, aircraft, pilots, and aviation businesses adhere to safety standards and best practices.

Economic Development:
To promote the economic growth of the state by enhancing aviation infrastructure, attracting aviation businesses, and improving air transportation services.

Aviation Safety and Security:
To maintain high safety standards through inspections, investigations, and enforcement of regulations, ensuring the safety of both aircraft operators and the public.

Public Awareness and Education:
To support programs that educate the public and aviation professionals about safety, regulations, and best practices in the aviation field.

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