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Question 1 of 30
1. Question
Consider an aircraft, registered with the FAA in California, that is regularly based and operated from a private airstrip located in Santa Fe, New Mexico. Under the New Mexico Aviation Act, what is the primary legal obligation of the aircraft owner regarding state-level compliance for operating this aircraft within New Mexico?
Correct
The New Mexico Aviation Act, specifically concerning the registration of aircraft, mandates that any aircraft operated within the state must be registered with the New Mexico Department of Transportation, Aviation Division. This registration is a prerequisite for legal operation and is distinct from federal registration with the FAA. The Act aims to ensure accountability, facilitate emergency response, and provide a framework for state-level aviation oversight. Failure to comply with this registration requirement can result in penalties, including fines and the prohibition of aircraft operation within New Mexico airspace. The Act also outlines the specific information required for registration, the duration of validity, and the process for renewal. The core principle is that any aircraft based in or frequently operating within New Mexico must be formally recognized by the state’s aviation authority, irrespective of its federal registration status. This state-level registration serves a separate regulatory purpose from federal oversight.
Incorrect
The New Mexico Aviation Act, specifically concerning the registration of aircraft, mandates that any aircraft operated within the state must be registered with the New Mexico Department of Transportation, Aviation Division. This registration is a prerequisite for legal operation and is distinct from federal registration with the FAA. The Act aims to ensure accountability, facilitate emergency response, and provide a framework for state-level aviation oversight. Failure to comply with this registration requirement can result in penalties, including fines and the prohibition of aircraft operation within New Mexico airspace. The Act also outlines the specific information required for registration, the duration of validity, and the process for renewal. The core principle is that any aircraft based in or frequently operating within New Mexico must be formally recognized by the state’s aviation authority, irrespective of its federal registration status. This state-level registration serves a separate regulatory purpose from federal oversight.
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Question 2 of 30
2. Question
Considering the regulatory framework for aviation in New Mexico, which of the following scenarios necessitates immediate aircraft registration with the New Mexico Department of Transportation, assuming no specific federal preemption applies to the operation?
Correct
New Mexico law, specifically the New Mexico Aviation Act, governs the registration and operation of aircraft within the state. Aircraft registration is a fundamental requirement for ensuring compliance and accountability in aviation activities. The Act mandates that any aircraft operated within New Mexico, unless specifically exempted, must be registered with the New Mexico Department of Transportation. This registration process involves submitting an application along with required documentation and fees. The purpose of this registration is multifaceted: it aids in the identification of aircraft, facilitates enforcement of aviation regulations, and supports the state’s aviation infrastructure planning and development. Exemptions from registration typically apply to aircraft that are merely passing through New Mexico airspace without landing, aircraft owned by the United States government and used exclusively in its service, or aircraft that are properly registered in another state and are temporarily based in New Mexico for a period not exceeding 90 days, provided that such operation is incidental to a business or pleasure trip originating outside of New Mexico. The core principle is to maintain a clear record of aircraft operating within the state’s jurisdiction for safety, security, and administrative purposes.
Incorrect
New Mexico law, specifically the New Mexico Aviation Act, governs the registration and operation of aircraft within the state. Aircraft registration is a fundamental requirement for ensuring compliance and accountability in aviation activities. The Act mandates that any aircraft operated within New Mexico, unless specifically exempted, must be registered with the New Mexico Department of Transportation. This registration process involves submitting an application along with required documentation and fees. The purpose of this registration is multifaceted: it aids in the identification of aircraft, facilitates enforcement of aviation regulations, and supports the state’s aviation infrastructure planning and development. Exemptions from registration typically apply to aircraft that are merely passing through New Mexico airspace without landing, aircraft owned by the United States government and used exclusively in its service, or aircraft that are properly registered in another state and are temporarily based in New Mexico for a period not exceeding 90 days, provided that such operation is incidental to a business or pleasure trip originating outside of New Mexico. The core principle is to maintain a clear record of aircraft operating within the state’s jurisdiction for safety, security, and administrative purposes.
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Question 3 of 30
3. Question
Consider a scenario where a developer plans to construct a new telecommunications tower in Santa Fe County, approximately 3 miles northwest of the Albuquerque International Sunport’s primary runway. The proposed tower height, including its antenna, is 450 feet above ground level. Under New Mexico Aviation Law, what is the primary regulatory body responsible for reviewing this proposed structure to determine if it constitutes an obstruction to air navigation, and what is the fundamental criterion for such a determination?
Correct
The New Mexico Aviation Act, specifically concerning airport zoning and land use, mandates that any proposed construction or alteration of a structure within an airport’s approach or transitional zone must be reviewed and approved by the New Mexico Department of Transportation (NMDOT) Aviation Division. This review process is designed to ensure that such developments do not create hazards to air navigation. The Act outlines specific criteria for determining obstructions, including height, location relative to airport runways, and the type of aircraft operations at the airport. For a structure to be considered a potential obstruction, its height must exceed a specified imaginary surface defined by Federal Aviation Administration (FAA) regulations, which are incorporated by reference into New Mexico law. The critical factor here is the proximity to the airport and the potential to interfere with the safe operation of aircraft, particularly during takeoff and landing phases. The New Mexico Aeronautics Commission is the body empowered to adopt and enforce rules and regulations pertaining to aviation safety and airport zoning, acting upon recommendations from the NMDOT Aviation Division. Therefore, any project impacting these zones requires an explicit determination of non-obstruction or an approved variance from the established standards. The core principle is to maintain clear airspaces around airports, safeguarding both aviation safety and the public interest.
Incorrect
The New Mexico Aviation Act, specifically concerning airport zoning and land use, mandates that any proposed construction or alteration of a structure within an airport’s approach or transitional zone must be reviewed and approved by the New Mexico Department of Transportation (NMDOT) Aviation Division. This review process is designed to ensure that such developments do not create hazards to air navigation. The Act outlines specific criteria for determining obstructions, including height, location relative to airport runways, and the type of aircraft operations at the airport. For a structure to be considered a potential obstruction, its height must exceed a specified imaginary surface defined by Federal Aviation Administration (FAA) regulations, which are incorporated by reference into New Mexico law. The critical factor here is the proximity to the airport and the potential to interfere with the safe operation of aircraft, particularly during takeoff and landing phases. The New Mexico Aeronautics Commission is the body empowered to adopt and enforce rules and regulations pertaining to aviation safety and airport zoning, acting upon recommendations from the NMDOT Aviation Division. Therefore, any project impacting these zones requires an explicit determination of non-obstruction or an approved variance from the established standards. The core principle is to maintain clear airspaces around airports, safeguarding both aviation safety and the public interest.
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Question 4 of 30
4. Question
Consider a scenario where a New Mexico-based charter company utilizes a small aircraft for scenic tours exclusively within the state’s airspace. The flights are conducted for compensation or hire, and the aircraft is not engaged in interstate commerce or any operation explicitly preempted by federal law from state regulatory oversight. Which of the following accurately describes the primary regulatory authority governing the pilot’s licensing and the aircraft’s operational permits for these intrastate flights?
Correct
The New Mexico Department of Transportation (NMDOT) oversees aviation activities within the state. For aircraft operations that are not under the jurisdiction of the Federal Aviation Administration (FAA) for specific purposes, or for activities that fall under state-level regulation, the NMDOT may establish its own rules. Specifically, when an aircraft is operated for compensation or hire within New Mexico, and it does not fall under a specific FAA exemption or certification that preempts state law for that particular operation, New Mexico statutes may apply regarding pilot licensing and aircraft registration for intrastate flights. The New Mexico Aviation Act, as codified in Chapter 64 of the New Mexico Statutes Annotated (NMSA 1978), grants the NMDOT the authority to regulate aviation within the state to ensure public safety and promote aviation development. While federal regulations are paramount for interstate commerce and airspace management, intrastate operations, particularly those for hire, can be subject to state-specific licensing and operational requirements to the extent not preempted by federal law. Therefore, an aircraft operating solely within New Mexico for compensation or hire, and not explicitly exempted by federal statute from state oversight in that specific context, would generally require compliance with applicable New Mexico aviation regulations concerning pilot certification and operational permits, as defined by the NMDOT. This reflects a shared regulatory responsibility where states can regulate intrastate commerce and safety in areas not exclusively governed by federal authority.
Incorrect
The New Mexico Department of Transportation (NMDOT) oversees aviation activities within the state. For aircraft operations that are not under the jurisdiction of the Federal Aviation Administration (FAA) for specific purposes, or for activities that fall under state-level regulation, the NMDOT may establish its own rules. Specifically, when an aircraft is operated for compensation or hire within New Mexico, and it does not fall under a specific FAA exemption or certification that preempts state law for that particular operation, New Mexico statutes may apply regarding pilot licensing and aircraft registration for intrastate flights. The New Mexico Aviation Act, as codified in Chapter 64 of the New Mexico Statutes Annotated (NMSA 1978), grants the NMDOT the authority to regulate aviation within the state to ensure public safety and promote aviation development. While federal regulations are paramount for interstate commerce and airspace management, intrastate operations, particularly those for hire, can be subject to state-specific licensing and operational requirements to the extent not preempted by federal law. Therefore, an aircraft operating solely within New Mexico for compensation or hire, and not explicitly exempted by federal statute from state oversight in that specific context, would generally require compliance with applicable New Mexico aviation regulations concerning pilot certification and operational permits, as defined by the NMDOT. This reflects a shared regulatory responsibility where states can regulate intrastate commerce and safety in areas not exclusively governed by federal authority.
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Question 5 of 30
5. Question
An airport sponsor in New Mexico, having secured Federal Aviation Administration (FAA) approval for substantial modifications to its existing airport layout plan (ALP), subsequently submits the revised plan to the New Mexico Department of Transportation (NMDOT) Aviation Division for state-level review and approval. What is the primary regulatory imperative driving the NMDOT Aviation Division’s requirement for this secondary approval, irrespective of the FAA’s prior authorization?
Correct
The New Mexico Department of Transportation (NMDOT) Aviation Division oversees the regulation of aviation activities within the state. When an airport operator in New Mexico seeks to modify an existing airport layout plan (ALP) that has been approved by the Federal Aviation Administration (FAA), they must also seek approval from the NMDOT Aviation Division. This dual approval process ensures compliance with both federal standards and state-specific aviation development goals and regulations. The process involves submitting the revised ALP to the NMDOT Aviation Division for review. This review assesses whether the proposed changes align with the state’s long-term airport system plan, safety standards, environmental considerations, and economic development objectives. Failure to obtain state approval can result in delays, penalties, or the inability to proceed with the modifications, even if FAA approval is granted. Therefore, understanding the specific requirements and procedures of the NMDOT Aviation Division for ALP amendments is crucial for airport operators in New Mexico. This process is governed by provisions within the New Mexico Aviation Act and associated administrative rules, which mandate state oversight of significant airport development projects.
Incorrect
The New Mexico Department of Transportation (NMDOT) Aviation Division oversees the regulation of aviation activities within the state. When an airport operator in New Mexico seeks to modify an existing airport layout plan (ALP) that has been approved by the Federal Aviation Administration (FAA), they must also seek approval from the NMDOT Aviation Division. This dual approval process ensures compliance with both federal standards and state-specific aviation development goals and regulations. The process involves submitting the revised ALP to the NMDOT Aviation Division for review. This review assesses whether the proposed changes align with the state’s long-term airport system plan, safety standards, environmental considerations, and economic development objectives. Failure to obtain state approval can result in delays, penalties, or the inability to proceed with the modifications, even if FAA approval is granted. Therefore, understanding the specific requirements and procedures of the NMDOT Aviation Division for ALP amendments is crucial for airport operators in New Mexico. This process is governed by provisions within the New Mexico Aviation Act and associated administrative rules, which mandate state oversight of significant airport development projects.
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Question 6 of 30
6. Question
Consider a privately owned, experimental aircraft, designed and constructed by its owner in Albuquerque, New Mexico, and intended solely for recreational flights within the state’s airspace. This aircraft has not undergone federal registration with the FAA, as it falls under a category exempt from such immediate federal requirements for experimental amateur-built aircraft when not flown commercially or across state lines. However, New Mexico state law, as codified in the New Mexico Aviation Act, requires all aircraft based within the state that are not federally registered to undergo a separate state-level registration process. If the owner of this experimental aircraft wishes to legally operate it for recreational purposes within New Mexico, what is the primary regulatory action required by state law?
Correct
The scenario describes a situation involving an unregistered aircraft operating in New Mexico. New Mexico law, specifically concerning aviation, mandates that all aircraft operating within the state must be registered with the appropriate state authorities if they are not already federally registered and are based in New Mexico. The New Mexico Aviation Act, NMSA 1978, Chapter 2, Article 3, addresses the registration and operation of aircraft. While the Federal Aviation Administration (FAA) governs aircraft registration for interstate and national operations, state laws often impose additional requirements for intrastate operations or aircraft based within the state. The key principle is that an aircraft based in New Mexico and not federally registered must undergo state registration to ensure compliance with state aviation regulations, which can include safety standards, pilot licensing verification, and fee collection for state aviation infrastructure development. Failure to register an aircraft based in New Mexico, even if it is privately owned and not used for commercial purposes, can result in penalties, including fines and the prohibition of flight within the state until registration is complete. The question tests the understanding of the dual regulatory framework of aviation in the United States, where both federal and state governments have authority, and the specific implications of state-level registration for aircraft based within a particular jurisdiction like New Mexico. The absence of federal registration for an aircraft based in New Mexico does not exempt it from state registration requirements if such requirements exist for intrastate operations or based aircraft.
Incorrect
The scenario describes a situation involving an unregistered aircraft operating in New Mexico. New Mexico law, specifically concerning aviation, mandates that all aircraft operating within the state must be registered with the appropriate state authorities if they are not already federally registered and are based in New Mexico. The New Mexico Aviation Act, NMSA 1978, Chapter 2, Article 3, addresses the registration and operation of aircraft. While the Federal Aviation Administration (FAA) governs aircraft registration for interstate and national operations, state laws often impose additional requirements for intrastate operations or aircraft based within the state. The key principle is that an aircraft based in New Mexico and not federally registered must undergo state registration to ensure compliance with state aviation regulations, which can include safety standards, pilot licensing verification, and fee collection for state aviation infrastructure development. Failure to register an aircraft based in New Mexico, even if it is privately owned and not used for commercial purposes, can result in penalties, including fines and the prohibition of flight within the state until registration is complete. The question tests the understanding of the dual regulatory framework of aviation in the United States, where both federal and state governments have authority, and the specific implications of state-level registration for aircraft based within a particular jurisdiction like New Mexico. The absence of federal registration for an aircraft based in New Mexico does not exempt it from state registration requirements if such requirements exist for intrastate operations or based aircraft.
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Question 7 of 30
7. Question
Consider a scenario where a new aviation maintenance facility, “Desert Sky Repairs,” intends to commence operations in Albuquerque, New Mexico, specializing in the overhaul of general aviation aircraft engines. What is the primary regulatory framework that “Desert Sky Repairs” must adhere to for its operational certification and the qualifications of its maintenance personnel?
Correct
The New Mexico Department of Transportation (NMDOT) oversees aviation within the state. Specifically, the NMDOT’s Aviation Division is responsible for the development and maintenance of aviation facilities and programs. When considering the licensing and regulation of aircraft repair stations, New Mexico law, as administered by the NMDOT, generally defers to federal regulations established by the Federal Aviation Administration (FAA). This means that aircraft repair stations operating in New Mexico must primarily hold a valid FAA Air Agency Certificate with the appropriate ratings. While New Mexico may have specific requirements related to business registration, environmental compliance, or local zoning ordinances that apply to any business, including repair stations, the core aviation-specific operational standards, personnel qualifications, and maintenance procedures are dictated by federal law. Therefore, an aircraft repair station seeking to operate legally in New Mexico must first and foremost comply with FAA Part 145 regulations. The state’s role is more about facilitating aviation infrastructure and economic development, and ensuring general business practices are met, rather than duplicating or superseding the FAA’s comprehensive safety and operational oversight of repair stations. This alignment ensures a consistent and high standard of aviation safety across the United States.
Incorrect
The New Mexico Department of Transportation (NMDOT) oversees aviation within the state. Specifically, the NMDOT’s Aviation Division is responsible for the development and maintenance of aviation facilities and programs. When considering the licensing and regulation of aircraft repair stations, New Mexico law, as administered by the NMDOT, generally defers to federal regulations established by the Federal Aviation Administration (FAA). This means that aircraft repair stations operating in New Mexico must primarily hold a valid FAA Air Agency Certificate with the appropriate ratings. While New Mexico may have specific requirements related to business registration, environmental compliance, or local zoning ordinances that apply to any business, including repair stations, the core aviation-specific operational standards, personnel qualifications, and maintenance procedures are dictated by federal law. Therefore, an aircraft repair station seeking to operate legally in New Mexico must first and foremost comply with FAA Part 145 regulations. The state’s role is more about facilitating aviation infrastructure and economic development, and ensuring general business practices are met, rather than duplicating or superseding the FAA’s comprehensive safety and operational oversight of repair stations. This alignment ensures a consistent and high standard of aviation safety across the United States.
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Question 8 of 30
8. Question
Following a mid-air collision between a privately operated experimental aircraft and a commercial drone over Santa Fe County, which resulted in the destruction of the experimental aircraft and serious injury to its pilot, what is the primary obligation of the surviving pilot, or their designated representative, concerning notification to the state of New Mexico, in addition to any federal reporting requirements?
Correct
The New Mexico Department of Transportation (NMDOT) oversees aviation safety and regulation within the state. When an aircraft is involved in an incident that results in substantial damage or a fatality, the pilot in command, or their representative, has a reporting obligation. This obligation is not to the Federal Aviation Administration (FAA) alone, but also to the state aviation authority. New Mexico’s aviation statutes, particularly those administered by the NMDOT, mandate that such incidents be reported to the state’s designated aviation official. This ensures that state-level oversight and data collection occur, complementing federal investigations. The specific timeframe for this reporting is crucial. While the FAA has its own reporting timelines, New Mexico law requires prompt notification to the state. Failure to report a qualifying incident to the NMDOT can result in penalties. The relevant statute requires notification “as soon as practicable” to the Director of the New Mexico Aviation Division. This is a critical distinction from federal reporting requirements which often specify a particular number of hours or days. The spirit of the law is to ensure the state is aware of significant aviation events within its jurisdiction without undue delay. Therefore, any incident involving substantial damage or loss of life necessitates immediate notification to the state aviation authority, in addition to any federal reporting.
Incorrect
The New Mexico Department of Transportation (NMDOT) oversees aviation safety and regulation within the state. When an aircraft is involved in an incident that results in substantial damage or a fatality, the pilot in command, or their representative, has a reporting obligation. This obligation is not to the Federal Aviation Administration (FAA) alone, but also to the state aviation authority. New Mexico’s aviation statutes, particularly those administered by the NMDOT, mandate that such incidents be reported to the state’s designated aviation official. This ensures that state-level oversight and data collection occur, complementing federal investigations. The specific timeframe for this reporting is crucial. While the FAA has its own reporting timelines, New Mexico law requires prompt notification to the state. Failure to report a qualifying incident to the NMDOT can result in penalties. The relevant statute requires notification “as soon as practicable” to the Director of the New Mexico Aviation Division. This is a critical distinction from federal reporting requirements which often specify a particular number of hours or days. The spirit of the law is to ensure the state is aware of significant aviation events within its jurisdiction without undue delay. Therefore, any incident involving substantial damage or loss of life necessitates immediate notification to the state aviation authority, in addition to any federal reporting.
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Question 9 of 30
9. Question
Consider an aircraft operator intending to construct a new communication tower near the Albuquerque International Sunport. The proposed tower’s height exceeds the established airport zoning height limitations for that specific zone as defined by the local municipal ordinance, which was enacted under the authority of the New Mexico Airport Zoning Act. The operator has not applied for a variance or permit from the relevant airport zoning board. Under New Mexico Aviation Law, what is the most likely immediate legal consequence for the operator regarding the proposed construction?
Correct
New Mexico’s approach to airport zoning, as outlined in statutes like the New Mexico Airport Zoning Act (NMSA 1978, Chapter 2, Article 7), empowers political subdivisions, including counties and municipalities, to adopt and enforce airport zoning regulations. These regulations are crucial for ensuring the safety of air navigation by controlling the height and use of structures in the vicinity of airports. The Act grants these subdivisions the authority to create airport zoning boards, conduct hearings, and establish zoning districts with specific height limitations and use restrictions. The primary objective is to prevent obstructions that could endanger aircraft operations. When an airport zoning ordinance is adopted, it applies to the designated airport hazard area. Property owners within these zones are responsible for complying with the established regulations, which may include obtaining permits for construction or modifications that could potentially interfere with air navigation. Enforcement mechanisms are typically in place to address violations, which can range from administrative penalties to legal action. The Act emphasizes the collaborative effort between state aviation authorities and local governments in developing and maintaining a safe airspace environment around public-use airports within New Mexico. The underlying principle is the prevention of airport hazards through land-use controls.
Incorrect
New Mexico’s approach to airport zoning, as outlined in statutes like the New Mexico Airport Zoning Act (NMSA 1978, Chapter 2, Article 7), empowers political subdivisions, including counties and municipalities, to adopt and enforce airport zoning regulations. These regulations are crucial for ensuring the safety of air navigation by controlling the height and use of structures in the vicinity of airports. The Act grants these subdivisions the authority to create airport zoning boards, conduct hearings, and establish zoning districts with specific height limitations and use restrictions. The primary objective is to prevent obstructions that could endanger aircraft operations. When an airport zoning ordinance is adopted, it applies to the designated airport hazard area. Property owners within these zones are responsible for complying with the established regulations, which may include obtaining permits for construction or modifications that could potentially interfere with air navigation. Enforcement mechanisms are typically in place to address violations, which can range from administrative penalties to legal action. The Act emphasizes the collaborative effort between state aviation authorities and local governments in developing and maintaining a safe airspace environment around public-use airports within New Mexico. The underlying principle is the prevention of airport hazards through land-use controls.
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Question 10 of 30
10. Question
Consider a scenario where a private aviation firm, “Desert Sky Holdings,” intends to assume operational management of the municipal airport in Silver City, New Mexico, a facility classified as a public-use airport. The firm proposes to assign its senior operations specialist, a highly experienced individual with extensive aviation management background but without a specific state-issued airport manager license, to oversee the daily functions of the Silver City facility. Under the purview of the New Mexico Aviation Act, what is the primary regulatory prerequisite for an individual to legally serve as the manager of a public-use airport within the state?
Correct
The New Mexico Department of Transportation (NMDOT) is responsible for the oversight and regulation of aviation within the state. This includes the development and maintenance of airport infrastructure, the promotion of aviation safety, and the enforcement of state aviation laws. A key aspect of this oversight involves the licensing and certification of aviation-related businesses and individuals. The New Mexico Aviation Act, specifically referencing the provisions related to airport operations and the licensing of airport managers, dictates the requirements for individuals seeking to manage public-use airports within the state. The Act mandates that individuals in such positions must possess a certain level of competency and knowledge regarding airport operations, safety protocols, and regulatory compliance. This competency is typically demonstrated through a combination of experience and a formal certification or license issued by the NMDOT or an equivalent recognized authority. The question probes the specific requirement for airport managers at public-use airports in New Mexico, which is tied to their certification status as determined by state regulations. The correct answer reflects the direct statutory requirement for licensed or certified airport managers to operate public-use airports in New Mexico, as stipulated by the New Mexico Aviation Act.
Incorrect
The New Mexico Department of Transportation (NMDOT) is responsible for the oversight and regulation of aviation within the state. This includes the development and maintenance of airport infrastructure, the promotion of aviation safety, and the enforcement of state aviation laws. A key aspect of this oversight involves the licensing and certification of aviation-related businesses and individuals. The New Mexico Aviation Act, specifically referencing the provisions related to airport operations and the licensing of airport managers, dictates the requirements for individuals seeking to manage public-use airports within the state. The Act mandates that individuals in such positions must possess a certain level of competency and knowledge regarding airport operations, safety protocols, and regulatory compliance. This competency is typically demonstrated through a combination of experience and a formal certification or license issued by the NMDOT or an equivalent recognized authority. The question probes the specific requirement for airport managers at public-use airports in New Mexico, which is tied to their certification status as determined by state regulations. The correct answer reflects the direct statutory requirement for licensed or certified airport managers to operate public-use airports in New Mexico, as stipulated by the New Mexico Aviation Act.
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Question 11 of 30
11. Question
Consider a scenario where an aircraft, registered in another U.S. state, is frequently operated from a private airstrip located within New Mexico, with its primary base of operations being in the Land of Enchantment. If the owner has not completed any registration process with the New Mexico Department of Transportation for this aircraft, what is the most likely legal consequence under New Mexico Aviation Law?
Correct
New Mexico Statutes Annotated (NMSA) Chapter 64, Article 3, Section 101 addresses the registration of aircraft. This section mandates that any aircraft based in New Mexico and operated within the state must be registered with the New Mexico Department of Transportation. The registration is typically for a period of one year and requires the submission of specific documentation, including proof of ownership, a valid airworthiness certificate, and the applicable registration fee. Failure to comply with these registration requirements can result in penalties, including fines and potential grounding of the aircraft. The purpose of this registration is to ensure accountability, track aircraft operations within the state, and contribute to aviation safety and regulatory oversight. This aligns with the broader federal framework established by the FAA for aircraft registration, but state-specific requirements like those in New Mexico are crucial for intrastate aviation management.
Incorrect
New Mexico Statutes Annotated (NMSA) Chapter 64, Article 3, Section 101 addresses the registration of aircraft. This section mandates that any aircraft based in New Mexico and operated within the state must be registered with the New Mexico Department of Transportation. The registration is typically for a period of one year and requires the submission of specific documentation, including proof of ownership, a valid airworthiness certificate, and the applicable registration fee. Failure to comply with these registration requirements can result in penalties, including fines and potential grounding of the aircraft. The purpose of this registration is to ensure accountability, track aircraft operations within the state, and contribute to aviation safety and regulatory oversight. This aligns with the broader federal framework established by the FAA for aircraft registration, but state-specific requirements like those in New Mexico are crucial for intrastate aviation management.
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Question 12 of 30
12. Question
Consider a private pilot, Ms. Anya Sharma, who intends to conduct aerial photography over a designated scenic area in New Mexico using her Cessna 172. Her flight path will take her through Class E airspace extending from the surface up to 1,200 feet AGL, and then through Class E airspace from 1,200 feet AGL up to 10,000 feet MSL. Assuming she is operating below 10,000 feet MSL and the ground visibility is reported as 4 statute miles with scattered clouds at 3,000 feet AGL, what are the minimum VFR weather conditions required for her to legally operate her aircraft within the Class E airspace segment extending from 1,200 feet AGL to 10,000 feet MSL?
Correct
The scenario involves a private pilot operating a small aircraft for aerial photography within New Mexico. The question probes the understanding of airspace regulations pertinent to private operations and the specific requirements for visual flight rules (VFR) operations in controlled airspace. New Mexico, like other states, adheres to Federal Aviation Regulations (FARs) for airspace management. Specifically, Part 91 of the FARs governs the operation of aircraft. For private pilots operating in Class E airspace, which often surrounds airports and extends upwards, specific conditions must be met for VFR flight. These conditions include maintaining a minimum visibility and cloud clearance. The FARs, particularly \(14 CFR \S 91.155\), detail these requirements. For VFR flight in Class E airspace below 10,000 feet Mean Sea Level (MSL), the required visibility is 3 statute miles, and the aircraft must remain 1,000 feet above clouds, 500 feet below clouds, and 2,000 feet horizontally from clouds. The question tests the application of these specific VFR weather minimums for Class E airspace, which is a fundamental aspect of safe flight planning and execution under New Mexico’s aviation regulatory framework, mirroring federal standards.
Incorrect
The scenario involves a private pilot operating a small aircraft for aerial photography within New Mexico. The question probes the understanding of airspace regulations pertinent to private operations and the specific requirements for visual flight rules (VFR) operations in controlled airspace. New Mexico, like other states, adheres to Federal Aviation Regulations (FARs) for airspace management. Specifically, Part 91 of the FARs governs the operation of aircraft. For private pilots operating in Class E airspace, which often surrounds airports and extends upwards, specific conditions must be met for VFR flight. These conditions include maintaining a minimum visibility and cloud clearance. The FARs, particularly \(14 CFR \S 91.155\), detail these requirements. For VFR flight in Class E airspace below 10,000 feet Mean Sea Level (MSL), the required visibility is 3 statute miles, and the aircraft must remain 1,000 feet above clouds, 500 feet below clouds, and 2,000 feet horizontally from clouds. The question tests the application of these specific VFR weather minimums for Class E airspace, which is a fundamental aspect of safe flight planning and execution under New Mexico’s aviation regulatory framework, mirroring federal standards.
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Question 13 of 30
13. Question
Consider a scenario where a small aircraft experiences a significant engine malfunction during a flight over rural Santa Fe County, New Mexico, forcing an emergency landing in an open field. The aircraft sustains moderate damage, but there are no injuries. The pilot, who is the sole occupant, is able to contact emergency services via satellite phone. Under New Mexico Aviation Law, what is the pilot’s immediate legal obligation regarding official notification of the incident, beyond contacting emergency responders?
Correct
New Mexico law, specifically the New Mexico Aviation Act, outlines the framework for aviation safety and regulation within the state. A critical aspect of this act pertains to the reporting of aircraft accidents and incidents. The New Mexico Department of Transportation, Aviation Division, is the primary state agency responsible for overseeing aviation matters. In the event of an aircraft accident, the pilot-in-command, or the person responsible for the aircraft, has a legal obligation to immediately notify the nearest FAA representative and, if applicable, the New Mexico Department of Transportation, Aviation Division. This immediate notification is crucial for initiating accident investigation procedures, ensuring public safety, and gathering vital information. The act further specifies that any person who fails to make such a report or who hinders an investigation may be subject to penalties. The intent behind this requirement is to facilitate a prompt and thorough response to aviation occurrences, thereby enhancing overall aviation safety standards throughout New Mexico. This proactive reporting mechanism is a cornerstone of effective aviation incident management.
Incorrect
New Mexico law, specifically the New Mexico Aviation Act, outlines the framework for aviation safety and regulation within the state. A critical aspect of this act pertains to the reporting of aircraft accidents and incidents. The New Mexico Department of Transportation, Aviation Division, is the primary state agency responsible for overseeing aviation matters. In the event of an aircraft accident, the pilot-in-command, or the person responsible for the aircraft, has a legal obligation to immediately notify the nearest FAA representative and, if applicable, the New Mexico Department of Transportation, Aviation Division. This immediate notification is crucial for initiating accident investigation procedures, ensuring public safety, and gathering vital information. The act further specifies that any person who fails to make such a report or who hinders an investigation may be subject to penalties. The intent behind this requirement is to facilitate a prompt and thorough response to aviation occurrences, thereby enhancing overall aviation safety standards throughout New Mexico. This proactive reporting mechanism is a cornerstone of effective aviation incident management.
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Question 14 of 30
14. Question
Considering the division of regulatory authority between federal and state governments in aviation, which New Mexico state agency possesses the explicit statutory power to promulgate rules governing the operational procedures for aircraft within the state’s designated airspace, provided these rules do not conflict with Federal Aviation Administration (FAA) regulations?
Correct
The New Mexico Department of Transportation (NMDOT) is responsible for regulating aviation within the state. Under New Mexico Statutes Annotated (NMSA) § 2-3-2, the department has the authority to establish rules and regulations for the safe operation of aircraft and airports. Specifically, NMSA § 2-3-5 outlines the department’s power to license and register aircraft operating within the state, which includes a fee structure. While the Federal Aviation Administration (FAA) handles pilot certification and aircraft airworthiness, state-level regulations often focus on operational aspects within state boundaries, airport standards, and economic development related to aviation. The question probes the understanding of which state entity holds the primary authority for establishing specific operational rules for aircraft within New Mexico’s airspace, distinct from federal mandates. The NMDOT, through its Aeronautics Division, is empowered to enact such regulations to ensure safety and efficiency of aviation activities within the state, complementing federal oversight. This includes aspects like airport operating rules, noise abatement procedures, and potentially restrictions on certain types of operations in specific areas, all subject to the overarching federal framework. The authority to license and register aircraft, as mentioned in NMSA § 2-3-5, directly implies the power to set conditions and rules for their operation within New Mexico, provided these do not conflict with federal law.
Incorrect
The New Mexico Department of Transportation (NMDOT) is responsible for regulating aviation within the state. Under New Mexico Statutes Annotated (NMSA) § 2-3-2, the department has the authority to establish rules and regulations for the safe operation of aircraft and airports. Specifically, NMSA § 2-3-5 outlines the department’s power to license and register aircraft operating within the state, which includes a fee structure. While the Federal Aviation Administration (FAA) handles pilot certification and aircraft airworthiness, state-level regulations often focus on operational aspects within state boundaries, airport standards, and economic development related to aviation. The question probes the understanding of which state entity holds the primary authority for establishing specific operational rules for aircraft within New Mexico’s airspace, distinct from federal mandates. The NMDOT, through its Aeronautics Division, is empowered to enact such regulations to ensure safety and efficiency of aviation activities within the state, complementing federal oversight. This includes aspects like airport operating rules, noise abatement procedures, and potentially restrictions on certain types of operations in specific areas, all subject to the overarching federal framework. The authority to license and register aircraft, as mentioned in NMSA § 2-3-5, directly implies the power to set conditions and rules for their operation within New Mexico, provided these do not conflict with federal law.
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Question 15 of 30
15. Question
Under the New Mexico Aviation Act, what is the primary procedural requirement the New Mexico Aviation Department must satisfy before establishing a designated restricted landing area for exclusive use by certified agricultural aircraft operators within a specific rural county, considering potential impacts on general aviation traffic?
Correct
The New Mexico Aviation Act, specifically referencing the powers and duties of the New Mexico Aviation Department, outlines the framework for aviation regulation within the state. While the act grants broad authority to the department for the promotion, development, and safety of aviation, it also establishes limitations and specific procedures for certain actions. When considering the establishment of restricted landing areas for specific purposes, such as agricultural spraying operations, the department must adhere to established rulemaking processes and consider the potential impact on public safety and existing aviation infrastructure. The act emphasizes the importance of ensuring that any such designations do not create undue hazards or interfere with established air traffic patterns. The authority to designate such areas is not an unfettered power but is contingent upon adherence to due process, public notice, and a demonstrated need that aligns with the overall public interest in aviation safety and efficiency within New Mexico. Therefore, the department’s ability to create these specialized landing zones is governed by the same principles of administrative law and regulatory procedure that apply to all its other functions, ensuring fairness and predictability in aviation operations.
Incorrect
The New Mexico Aviation Act, specifically referencing the powers and duties of the New Mexico Aviation Department, outlines the framework for aviation regulation within the state. While the act grants broad authority to the department for the promotion, development, and safety of aviation, it also establishes limitations and specific procedures for certain actions. When considering the establishment of restricted landing areas for specific purposes, such as agricultural spraying operations, the department must adhere to established rulemaking processes and consider the potential impact on public safety and existing aviation infrastructure. The act emphasizes the importance of ensuring that any such designations do not create undue hazards or interfere with established air traffic patterns. The authority to designate such areas is not an unfettered power but is contingent upon adherence to due process, public notice, and a demonstrated need that aligns with the overall public interest in aviation safety and efficiency within New Mexico. Therefore, the department’s ability to create these specialized landing zones is governed by the same principles of administrative law and regulatory procedure that apply to all its other functions, ensuring fairness and predictability in aviation operations.
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Question 16 of 30
16. Question
Consider a scenario where a New Mexico-based agricultural business intends to utilize unmanned aircraft systems (UAS) for crop dusting and pest monitoring across its vast farmlands in rural San Juan County. The operation involves flying at altitudes below 400 feet above ground level (AGL) and will be conducted by a certified remote pilot holding a valid FAA Part 107 certificate. While the FAA has issued guidelines for agricultural drone operations, the business owner is seeking clarity on any specific New Mexico state laws that might impose additional operational restrictions or licensing requirements beyond federal mandates for such agricultural applications. Which of the following best describes the primary legal authority governing the operational aspects of this UAS deployment in New Mexico, considering both federal and state regulatory landscapes?
Correct
New Mexico’s approach to regulating unmanned aircraft systems (UAS), often referred to as drones, is primarily governed by state statutes and administrative rules that often complement federal regulations established by the Federal Aviation Administration (FAA). While the FAA holds broad authority over airspace safety and drone operations, individual states, including New Mexico, can enact laws addressing specific concerns such as privacy, trespass, and the use of drones by state or local law enforcement. The New Mexico Department of Transportation, Aviation Division, plays a role in advising on aviation matters and may be involved in developing state-specific guidelines or responding to incidents. Key considerations for drone operators in New Mexico involve understanding the interplay between FAA rules (e.g., Part 107 for commercial operations) and any state-specific prohibitions or requirements. For instance, a drone operator using a UAS for commercial photography within New Mexico must adhere to FAA’s remote pilot certification and operational rules, while also being mindful of potential state laws that might restrict operations over private property without consent or for surveillance purposes. The state’s legislative framework aims to balance the promotion of emerging technologies with the protection of public safety and individual rights. Therefore, a comprehensive understanding requires consulting both federal and state aviation authorities and legal frameworks.
Incorrect
New Mexico’s approach to regulating unmanned aircraft systems (UAS), often referred to as drones, is primarily governed by state statutes and administrative rules that often complement federal regulations established by the Federal Aviation Administration (FAA). While the FAA holds broad authority over airspace safety and drone operations, individual states, including New Mexico, can enact laws addressing specific concerns such as privacy, trespass, and the use of drones by state or local law enforcement. The New Mexico Department of Transportation, Aviation Division, plays a role in advising on aviation matters and may be involved in developing state-specific guidelines or responding to incidents. Key considerations for drone operators in New Mexico involve understanding the interplay between FAA rules (e.g., Part 107 for commercial operations) and any state-specific prohibitions or requirements. For instance, a drone operator using a UAS for commercial photography within New Mexico must adhere to FAA’s remote pilot certification and operational rules, while also being mindful of potential state laws that might restrict operations over private property without consent or for surveillance purposes. The state’s legislative framework aims to balance the promotion of emerging technologies with the protection of public safety and individual rights. Therefore, a comprehensive understanding requires consulting both federal and state aviation authorities and legal frameworks.
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Question 17 of 30
17. Question
An experimental aircraft, constructed and owned by an individual residing in Santa Fe, New Mexico, has successfully completed its FAA airworthiness certification and is federally registered. The owner intends to conduct a series of test flights exclusively within the airspace controlled by New Mexico. Prior to these flights, the owner neglected to complete the separate registration process with the New Mexico Department of Transportation, Aviation Division, believing federal registration sufficed for all operations. Under New Mexico Aviation Law, what is the immediate legal status of this aircraft’s intended operations within the state?
Correct
The scenario describes an aircraft operating within New Mexico airspace without the required registration. New Mexico law, specifically referencing the New Mexico Aviation Act and associated administrative rules, mandates that all aircraft operating within the state’s jurisdiction must be registered. This registration process involves submitting an application and paying applicable fees to the New Mexico Department of Transportation, Aviation Division. Failure to comply with this registration requirement can result in penalties, including fines and potential grounding of the aircraft until compliance is achieved. The core principle being tested is the jurisdictional authority of New Mexico over aircraft operating within its borders and the statutory obligation for registration, irrespective of federal registration status. The state’s authority extends to ensuring safety and compliance with its own regulations for all aviation activities within its airspace. Therefore, an aircraft, even if federally registered, must also meet New Mexico’s specific registration requirements to operate legally within the state. The absence of this state-level registration is a direct violation of New Mexico aviation law.
Incorrect
The scenario describes an aircraft operating within New Mexico airspace without the required registration. New Mexico law, specifically referencing the New Mexico Aviation Act and associated administrative rules, mandates that all aircraft operating within the state’s jurisdiction must be registered. This registration process involves submitting an application and paying applicable fees to the New Mexico Department of Transportation, Aviation Division. Failure to comply with this registration requirement can result in penalties, including fines and potential grounding of the aircraft until compliance is achieved. The core principle being tested is the jurisdictional authority of New Mexico over aircraft operating within its borders and the statutory obligation for registration, irrespective of federal registration status. The state’s authority extends to ensuring safety and compliance with its own regulations for all aviation activities within its airspace. Therefore, an aircraft, even if federally registered, must also meet New Mexico’s specific registration requirements to operate legally within the state. The absence of this state-level registration is a direct violation of New Mexico aviation law.
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Question 18 of 30
18. Question
In New Mexico, when a municipality or county enacts airport zoning ordinances to regulate building heights and land use around an airport, what is the primary legal basis that empowers these local governmental units to enact and enforce such regulations, thereby safeguarding navigable airspace and airport operations?
Correct
The New Mexico Aeronautics Act, specifically concerning airport zoning, grants municipalities and counties the authority to adopt and enforce airport zoning regulations. These regulations are crucial for preventing obstructions to air navigation and ensuring the safe operation of aircraft. The Act empowers these local governmental units to establish height restrictions for structures and natural objects within designated airport hazard zones. These zones are typically defined based on approach, transitional, horizontal, and conical surfaces, as outlined in federal regulations and adopted by the state. The primary objective is to safeguard the navigable airspace and the lives and property in the vicinity of airports. Local governments are mandated to consider the airport’s master plan and the anticipated growth in air traffic when developing these zoning ordinances. Furthermore, the Act provides mechanisms for variances and exceptions to these regulations, administered by a zoning board, to address unique circumstances while still prioritizing aviation safety. The enforcement of these zoning ordinances is a key responsibility of the local authorities to maintain the integrity of the airport’s operational environment.
Incorrect
The New Mexico Aeronautics Act, specifically concerning airport zoning, grants municipalities and counties the authority to adopt and enforce airport zoning regulations. These regulations are crucial for preventing obstructions to air navigation and ensuring the safe operation of aircraft. The Act empowers these local governmental units to establish height restrictions for structures and natural objects within designated airport hazard zones. These zones are typically defined based on approach, transitional, horizontal, and conical surfaces, as outlined in federal regulations and adopted by the state. The primary objective is to safeguard the navigable airspace and the lives and property in the vicinity of airports. Local governments are mandated to consider the airport’s master plan and the anticipated growth in air traffic when developing these zoning ordinances. Furthermore, the Act provides mechanisms for variances and exceptions to these regulations, administered by a zoning board, to address unique circumstances while still prioritizing aviation safety. The enforcement of these zoning ordinances is a key responsibility of the local authorities to maintain the integrity of the airport’s operational environment.
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Question 19 of 30
19. Question
Consider an aviation company based in Albuquerque, New Mexico, that has recently acquired a fleet of three new light sport aircraft. These aircraft will be primarily used for flight training and charter services operating exclusively within New Mexico airspace. The company’s chief pilot, Ms. Aris Thorne, is diligent about regulatory compliance. What is the fundamental New Mexico state-level requirement that Ms. Thorne must ensure is met for each of these newly acquired aircraft before they can be legally operated within the state?
Correct
New Mexico law, specifically the New Mexico Aviation Act, outlines the requirements for the registration and operation of aircraft within the state. Aircraft owners are obligated to register their aircraft with the New Mexico Department of Transportation. This registration process ensures that the state can maintain an accurate record of all aircraft operating within its airspace for safety, regulatory, and emergency response purposes. The act specifies that any aircraft based in New Mexico, or operated within the state for a period exceeding a certain threshold, must be registered. Failure to comply with these registration requirements can result in penalties, including fines and potential suspension of operating privileges. The purpose of this mandatory registration is to facilitate oversight of aviation activities, enhance public safety by ensuring aircraft are properly maintained and identified, and to provide a framework for the state to manage its aviation resources effectively. It is crucial for all aircraft owners and operators to be aware of and adhere to these state-specific registration mandates to avoid legal repercussions and ensure lawful operation.
Incorrect
New Mexico law, specifically the New Mexico Aviation Act, outlines the requirements for the registration and operation of aircraft within the state. Aircraft owners are obligated to register their aircraft with the New Mexico Department of Transportation. This registration process ensures that the state can maintain an accurate record of all aircraft operating within its airspace for safety, regulatory, and emergency response purposes. The act specifies that any aircraft based in New Mexico, or operated within the state for a period exceeding a certain threshold, must be registered. Failure to comply with these registration requirements can result in penalties, including fines and potential suspension of operating privileges. The purpose of this mandatory registration is to facilitate oversight of aviation activities, enhance public safety by ensuring aircraft are properly maintained and identified, and to provide a framework for the state to manage its aviation resources effectively. It is crucial for all aircraft owners and operators to be aware of and adhere to these state-specific registration mandates to avoid legal repercussions and ensure lawful operation.
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Question 20 of 30
20. Question
Consider a scenario where a commercial drone operator, licensed under FAA Part 107, is contracted to conduct aerial photography for a new housing development located within 3 miles of the perimeter of a non-towered general aviation airport in New Mexico. The drone will be operated at an altitude of 300 feet above ground level, and the operator plans to maintain visual line of sight at all times. What is the paramount legal consideration under New Mexico aviation law that dictates the permissibility of this drone operation in relation to the airport’s airspace?
Correct
New Mexico’s approach to regulating unmanned aircraft systems (UAS) within its airspace, particularly concerning operations that might interfere with or be related to traditional aviation activities, is guided by a framework that balances innovation with public safety and existing aviation regulations. While the Federal Aviation Administration (FAA) retains primary authority over airspace management and the certification of aircraft, including UAS, state and local governments can enact regulations that do not conflict with federal law. These state-level regulations often focus on areas such as privacy, trespass, and the use of UAS for law enforcement or other governmental purposes. Specifically, New Mexico statutes, such as those found within the New Mexico Statutes Annotated (NMSA), address the operation of drones. For instance, NMSA 1978, § 60-2A-2, as amended, defines an “unmanned aircraft” and outlines certain prohibitions and requirements for their operation, particularly when such operations could endanger persons or property. The statute emphasizes that operations must not create a hazard. When considering a scenario involving a commercial drone operator conducting aerial photography for a real estate development near a small, non-towered airport in New Mexico, the operator must adhere to both federal FAA regulations (e.g., Part 107 for commercial operations) and any applicable state or local laws. The critical factor in determining whether the drone operation is permissible hinges on its potential to create a hazard to manned aircraft operating in the vicinity of the airport. This includes considerations of altitude, proximity to airport traffic patterns, and the potential for visual obstruction or confusion for pilots. New Mexico law, in alignment with federal guidance, requires that such operations be conducted in a manner that ensures the safety of the national airspace system. Therefore, a drone operator must ensure their flight plan and execution do not pose a risk to aircraft using the airport, which is a fundamental tenet of aviation safety law in New Mexico. The core principle is the prevention of hazards to manned aviation.
Incorrect
New Mexico’s approach to regulating unmanned aircraft systems (UAS) within its airspace, particularly concerning operations that might interfere with or be related to traditional aviation activities, is guided by a framework that balances innovation with public safety and existing aviation regulations. While the Federal Aviation Administration (FAA) retains primary authority over airspace management and the certification of aircraft, including UAS, state and local governments can enact regulations that do not conflict with federal law. These state-level regulations often focus on areas such as privacy, trespass, and the use of UAS for law enforcement or other governmental purposes. Specifically, New Mexico statutes, such as those found within the New Mexico Statutes Annotated (NMSA), address the operation of drones. For instance, NMSA 1978, § 60-2A-2, as amended, defines an “unmanned aircraft” and outlines certain prohibitions and requirements for their operation, particularly when such operations could endanger persons or property. The statute emphasizes that operations must not create a hazard. When considering a scenario involving a commercial drone operator conducting aerial photography for a real estate development near a small, non-towered airport in New Mexico, the operator must adhere to both federal FAA regulations (e.g., Part 107 for commercial operations) and any applicable state or local laws. The critical factor in determining whether the drone operation is permissible hinges on its potential to create a hazard to manned aircraft operating in the vicinity of the airport. This includes considerations of altitude, proximity to airport traffic patterns, and the potential for visual obstruction or confusion for pilots. New Mexico law, in alignment with federal guidance, requires that such operations be conducted in a manner that ensures the safety of the national airspace system. Therefore, a drone operator must ensure their flight plan and execution do not pose a risk to aircraft using the airport, which is a fundamental tenet of aviation safety law in New Mexico. The core principle is the prevention of hazards to manned aviation.
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Question 21 of 30
21. Question
A developer in Santa Fe County, New Mexico, proposes constructing a new residential complex. The proposed building height exceeds the limits stipulated by Santa Fe County’s airport zoning ordinance, which was enacted to protect the airspace around the nearby municipal airport. However, the county’s general zoning ordinance, enacted prior to the airport zoning ordinance, permits buildings of the proposed height in that specific zone. Which zoning regulation governs the developer’s construction project?
Correct
The New Mexico Aviation Act, specifically concerning airport zoning, empowers municipalities and counties to adopt and enforce airport zoning regulations. These regulations are crucial for ensuring that the airspace around airports remains free from obstructions that could endanger aircraft operations. The Act defines an “airport hazard” as any structure or tree that obstructs the airspace required for the safe flight of aircraft or that is hazardous to such flight. When a local governing body, such as a county in New Mexico, enacts airport zoning ordinances, these ordinances take precedence over any conflicting zoning regulations within the defined airport hazard zones. This is to prioritize aviation safety and the efficient operation of airports. Therefore, if a county in New Mexico has established airport zoning regulations that restrict building heights within a certain radius of an airport, a proposed construction project that violates these height restrictions would be prohibited, regardless of any prior or less restrictive county zoning that might otherwise permit such construction. This principle is rooted in the state’s authority to regulate aviation to promote public safety and welfare. The correct application of these laws ensures that airport operations are not compromised by incompatible land uses or structures.
Incorrect
The New Mexico Aviation Act, specifically concerning airport zoning, empowers municipalities and counties to adopt and enforce airport zoning regulations. These regulations are crucial for ensuring that the airspace around airports remains free from obstructions that could endanger aircraft operations. The Act defines an “airport hazard” as any structure or tree that obstructs the airspace required for the safe flight of aircraft or that is hazardous to such flight. When a local governing body, such as a county in New Mexico, enacts airport zoning ordinances, these ordinances take precedence over any conflicting zoning regulations within the defined airport hazard zones. This is to prioritize aviation safety and the efficient operation of airports. Therefore, if a county in New Mexico has established airport zoning regulations that restrict building heights within a certain radius of an airport, a proposed construction project that violates these height restrictions would be prohibited, regardless of any prior or less restrictive county zoning that might otherwise permit such construction. This principle is rooted in the state’s authority to regulate aviation to promote public safety and welfare. The correct application of these laws ensures that airport operations are not compromised by incompatible land uses or structures.
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Question 22 of 30
22. Question
Consider an aviation enthusiast, Ms. Anya Sharma, who has acquired a parcel of land in a remote area of Otero County, New Mexico, with the intention of developing a private airstrip for personal use and occasional fly-ins for her fellow aviators. She has cleared a suitable landing area and installed basic navigation aids. According to New Mexico aviation law, what is the prerequisite for Ms. Sharma to legally operate this airstrip?
Correct
New Mexico Statutes Annotated (NMSA) Chapter 60, Article 2, specifically addresses the regulation of aviation in the state. This chapter, often referred to as the New Mexico Aviation Act, establishes the powers and duties of the New Mexico Department of Transportation (NMDOT) regarding aviation. A critical aspect of this act pertains to the certification and operation of airports. NMSA 60-2-8 mandates that no airport may be operated or maintained without a certificate of approval or an airport operating certificate issued by the department. The process for obtaining such a certificate involves submitting an application that demonstrates compliance with safety standards, zoning regulations, and operational requirements established by the NMDOT. These standards are designed to ensure the safety of air navigation, the public, and property. Failure to obtain or maintain this certification can result in penalties, including fines and the cessation of airport operations. Therefore, any entity planning to establish or continue operating an airport within New Mexico must adhere to the certification requirements outlined in this statute.
Incorrect
New Mexico Statutes Annotated (NMSA) Chapter 60, Article 2, specifically addresses the regulation of aviation in the state. This chapter, often referred to as the New Mexico Aviation Act, establishes the powers and duties of the New Mexico Department of Transportation (NMDOT) regarding aviation. A critical aspect of this act pertains to the certification and operation of airports. NMSA 60-2-8 mandates that no airport may be operated or maintained without a certificate of approval or an airport operating certificate issued by the department. The process for obtaining such a certificate involves submitting an application that demonstrates compliance with safety standards, zoning regulations, and operational requirements established by the NMDOT. These standards are designed to ensure the safety of air navigation, the public, and property. Failure to obtain or maintain this certification can result in penalties, including fines and the cessation of airport operations. Therefore, any entity planning to establish or continue operating an airport within New Mexico must adhere to the certification requirements outlined in this statute.
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Question 23 of 30
23. Question
Consider a scenario where a newly established drone delivery service plans to operate exclusively within the metropolitan area of Albuquerque, New Mexico, transporting medical supplies. While adhering to all Federal Aviation Administration (FAA) regulations for commercial drone operations, including Part 107, what potential area of New Mexico state law might require specific attention or additional compliance beyond federal mandates for this intrastate operation?
Correct
New Mexico law, specifically concerning aviation, often aligns with federal regulations but may introduce state-specific nuances regarding airport operations, noise abatement, and pilot licensing for intrastate flights. While the FAA governs most aviation activities, state statutes can address issues not explicitly preempted by federal law. For instance, state laws might detail requirements for aircraft registration for aircraft based within the state for extended periods, or specific provisions for operating within designated state-controlled airspace that may differ from federal advisory circulars. The New Mexico Department of Transportation, Aviation Division, plays a crucial role in overseeing aviation infrastructure and enforcing state-level regulations. Understanding the interplay between federal aviation regulations (FARs) and New Mexico statutes is paramount. For example, while FAR Part 91 governs general operating and flight rules, state law might impose additional reporting requirements for certain types of commercial operations conducted solely within New Mexico’s borders or specify procedures for accident reporting that supplement federal mandates. The concept of sovereign immunity, which can affect the liability of state entities, including those operating airports, is also a relevant consideration under New Mexico law. Therefore, a pilot or operator must be aware of any state-specific certifications, permits, or operational limitations that might be in effect, even if they are already compliant with federal aviation regulations.
Incorrect
New Mexico law, specifically concerning aviation, often aligns with federal regulations but may introduce state-specific nuances regarding airport operations, noise abatement, and pilot licensing for intrastate flights. While the FAA governs most aviation activities, state statutes can address issues not explicitly preempted by federal law. For instance, state laws might detail requirements for aircraft registration for aircraft based within the state for extended periods, or specific provisions for operating within designated state-controlled airspace that may differ from federal advisory circulars. The New Mexico Department of Transportation, Aviation Division, plays a crucial role in overseeing aviation infrastructure and enforcing state-level regulations. Understanding the interplay between federal aviation regulations (FARs) and New Mexico statutes is paramount. For example, while FAR Part 91 governs general operating and flight rules, state law might impose additional reporting requirements for certain types of commercial operations conducted solely within New Mexico’s borders or specify procedures for accident reporting that supplement federal mandates. The concept of sovereign immunity, which can affect the liability of state entities, including those operating airports, is also a relevant consideration under New Mexico law. Therefore, a pilot or operator must be aware of any state-specific certifications, permits, or operational limitations that might be in effect, even if they are already compliant with federal aviation regulations.
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Question 24 of 30
24. Question
A municipal planning commission in New Mexico is considering amendments to the airport zoning map for the Santa Fe Municipal Airport. According to the New Mexico Aviation Act, what is the minimum number of days that must elapse between the first publication of the public hearing notice in a newspaper of general circulation and the date of the public hearing itself?
Correct
The New Mexico Aviation Act, specifically concerning airport zoning, outlines the process for establishing airport hazard zones. When a municipality or county proposes to adopt or amend airport zoning regulations, a public hearing is mandated. This hearing must be advertised in a newspaper of general circulation in the county where the airport is located. The advertisement must appear at least twice, with the first publication occurring no less than 15 days prior to the hearing date. This notice period ensures that affected parties, including landowners within the proposed zoning area, have adequate time to review the proposals and prepare to voice their concerns or support at the public hearing. The purpose of this requirement is to uphold due process and allow for public input in land-use decisions that directly impact property rights and development potential around airports. Therefore, the minimum number of days between the first publication of the notice and the public hearing is 15 days.
Incorrect
The New Mexico Aviation Act, specifically concerning airport zoning, outlines the process for establishing airport hazard zones. When a municipality or county proposes to adopt or amend airport zoning regulations, a public hearing is mandated. This hearing must be advertised in a newspaper of general circulation in the county where the airport is located. The advertisement must appear at least twice, with the first publication occurring no less than 15 days prior to the hearing date. This notice period ensures that affected parties, including landowners within the proposed zoning area, have adequate time to review the proposals and prepare to voice their concerns or support at the public hearing. The purpose of this requirement is to uphold due process and allow for public input in land-use decisions that directly impact property rights and development potential around airports. Therefore, the minimum number of days between the first publication of the notice and the public hearing is 15 days.
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Question 25 of 30
25. Question
A newly constructed radio tower in the vicinity of the Santa Fe Municipal Airport, exceeding the height limitations established by the New Mexico Aeronautics Commission’s airport zoning regulations, presents a significant obstruction to established flight paths. Despite repeated notifications and attempts by the Commission to negotiate a purchase of the necessary air rights or to have the tower’s owner voluntarily modify its height, the owner has refused to comply. Considering the provisions of the New Mexico Aviation Act concerning airport zoning and hazard abatement, what is the primary legal recourse available to the New Mexico Aeronautics Commission to address this persistent hazard?
Correct
The New Mexico Aviation Act, specifically addressing airport zoning, empowers the New Mexico Aeronautics Commission to adopt and enforce airport zoning regulations for any airport serving the public. These regulations are designed to eliminate airport hazards, which are defined as any structure or tree that obstructs the airspace required for the safe approach, landing, and takeoff of aircraft, or that otherwise endangers the lives or property of users of the airport or of land adjacent to it. The Act further stipulates that if any airport hazard is created or maintained in violation of airport zoning regulations adopted by the Commission, the owner or operator of the hazard shall be liable for damages to the airport or to any aircraft using the airport. In cases where the hazard is a structure that cannot be acquired by purchase at a price deemed reasonable by the Commission, the Commission may pursue legal action to secure an order compelling the owner or operator to remove, lower, or otherwise modify the hazard. This legal action is a critical enforcement mechanism when voluntary compliance or purchase is not feasible. The Act also grants the Commission the authority to acquire by purchase, grant, or condemnation, any air rights or other interests in land necessary to establish and maintain airport protection privileges. Therefore, the direct legal recourse for a non-compliant structure, when purchase is not viable, involves initiating a legal proceeding to compel its removal or modification.
Incorrect
The New Mexico Aviation Act, specifically addressing airport zoning, empowers the New Mexico Aeronautics Commission to adopt and enforce airport zoning regulations for any airport serving the public. These regulations are designed to eliminate airport hazards, which are defined as any structure or tree that obstructs the airspace required for the safe approach, landing, and takeoff of aircraft, or that otherwise endangers the lives or property of users of the airport or of land adjacent to it. The Act further stipulates that if any airport hazard is created or maintained in violation of airport zoning regulations adopted by the Commission, the owner or operator of the hazard shall be liable for damages to the airport or to any aircraft using the airport. In cases where the hazard is a structure that cannot be acquired by purchase at a price deemed reasonable by the Commission, the Commission may pursue legal action to secure an order compelling the owner or operator to remove, lower, or otherwise modify the hazard. This legal action is a critical enforcement mechanism when voluntary compliance or purchase is not feasible. The Act also grants the Commission the authority to acquire by purchase, grant, or condemnation, any air rights or other interests in land necessary to establish and maintain airport protection privileges. Therefore, the direct legal recourse for a non-compliant structure, when purchase is not viable, involves initiating a legal proceeding to compel its removal or modification.
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Question 26 of 30
26. Question
Consider a scenario where an individual possesses a current Federal Aviation Administration (FAA) private pilot certificate with an instrument rating and wishes to fly a privately owned aircraft within the airspace of New Mexico. What is the primary regulatory requirement concerning pilot certification for this individual to legally operate the aircraft within New Mexico, according to the New Mexico Aviation Act and its interplay with federal aviation regulations?
Correct
The New Mexico Aviation Act, specifically concerning pilot licensing and operational privileges, delineates authority and requirements. When a pilot holds a valid FAA private pilot certificate with an instrument rating, they are generally permitted to operate aircraft in New Mexico under VFR conditions without needing a separate state-specific pilot license, provided they comply with all federal regulations. The state’s regulatory framework typically defers to federal standards for pilot certification, focusing its own regulations on areas like aircraft registration, airport operations, and enforcement of aviation safety within the state. Therefore, a pilot operating under FAA private pilot privileges, including instrument flight rules, is not subject to additional state pilot licensing requirements in New Mexico. The core principle is the preemption of pilot certification by the federal government. New Mexico law complements this by addressing state-level concerns, but it does not duplicate or supersede the federal pilot licensing structure.
Incorrect
The New Mexico Aviation Act, specifically concerning pilot licensing and operational privileges, delineates authority and requirements. When a pilot holds a valid FAA private pilot certificate with an instrument rating, they are generally permitted to operate aircraft in New Mexico under VFR conditions without needing a separate state-specific pilot license, provided they comply with all federal regulations. The state’s regulatory framework typically defers to federal standards for pilot certification, focusing its own regulations on areas like aircraft registration, airport operations, and enforcement of aviation safety within the state. Therefore, a pilot operating under FAA private pilot privileges, including instrument flight rules, is not subject to additional state pilot licensing requirements in New Mexico. The core principle is the preemption of pilot certification by the federal government. New Mexico law complements this by addressing state-level concerns, but it does not duplicate or supersede the federal pilot licensing structure.
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Question 27 of 30
27. Question
Consider a scenario where a newly developed, experimental light sport aircraft model, manufactured by a company based in Arizona, is being considered for operation within New Mexico airspace. Reports emerge from a neighboring state suggesting a few isolated incidents involving this specific model, though the exact causes remain under investigation and have not been definitively attributed to a design flaw by federal aviation authorities. The New Mexico State Aviation Board, citing general concerns about the potential for unforeseen operational risks with experimental designs, proposes a blanket prohibition on the operation of all aircraft of this specific model within New Mexico’s sovereign airspace until a full federal investigation concludes. What is the most accurate assessment of the Board’s authority in this situation under the New Mexico Aviation Act?
Correct
The New Mexico Aviation Act, specifically referencing the powers and duties of the State Aviation Board, outlines the regulatory framework for aviation within the state. While the Act empowers the Board to adopt rules and regulations for the safety and efficient use of airspace, it does not grant the Board direct authority to preemptively prohibit all operations of a specific aircraft model based solely on a generalized safety concern that has not been definitively linked to a systemic design flaw or operational deficiency that poses an immediate and unmanageable risk to public safety in New Mexico. The Board’s authority is generally exercised through certification, registration, and the enforcement of existing safety standards, which are often aligned with federal regulations. The prohibition of an entire aircraft model would typically require a more substantial evidentiary basis demonstrating a clear and present danger that cannot be mitigated through less restrictive means. The Board’s role is to regulate aviation within the state, not to unilaterally ban types of aircraft without due process or established regulatory grounds that are demonstrably unique to the state’s jurisdiction or safety concerns.
Incorrect
The New Mexico Aviation Act, specifically referencing the powers and duties of the State Aviation Board, outlines the regulatory framework for aviation within the state. While the Act empowers the Board to adopt rules and regulations for the safety and efficient use of airspace, it does not grant the Board direct authority to preemptively prohibit all operations of a specific aircraft model based solely on a generalized safety concern that has not been definitively linked to a systemic design flaw or operational deficiency that poses an immediate and unmanageable risk to public safety in New Mexico. The Board’s authority is generally exercised through certification, registration, and the enforcement of existing safety standards, which are often aligned with federal regulations. The prohibition of an entire aircraft model would typically require a more substantial evidentiary basis demonstrating a clear and present danger that cannot be mitigated through less restrictive means. The Board’s role is to regulate aviation within the state, not to unilaterally ban types of aircraft without due process or established regulatory grounds that are demonstrably unique to the state’s jurisdiction or safety concerns.
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Question 28 of 30
28. Question
Consider a scenario where an aviation company, “Desert Sky Ventures,” based in Albuquerque, New Mexico, has acquired a new light sport aircraft. This aircraft will be primarily used for flight training operations originating and terminating within New Mexico airspace. The company has completed all necessary Federal Aviation Administration (FAA) registration and airworthiness certifications. According to the New Mexico Aviation Act, what is the mandatory requirement for Desert Sky Ventures regarding their newly acquired aircraft to legally operate it for its intended purpose within the state?
Correct
The New Mexico Aviation Act, specifically focusing on aircraft registration and operational requirements, mandates that any aircraft operating within the state must be registered with the New Mexico Aviation Division unless exempted. This registration process ensures that the state can track aircraft for safety, taxation, and emergency response purposes. While federal registration with the FAA is a prerequisite for all civil aircraft in the United States, state-level registration addresses unique state-specific concerns and revenue generation. The Act outlines specific requirements for initial registration, renewal, and the transfer of ownership. Failure to comply with these registration mandates can result in penalties, including fines and the prohibition of flight within New Mexico. Therefore, an aircraft based in New Mexico and not falling under any specific exemption, such as temporary operations by non-residents or aircraft solely engaged in interstate commerce and not based in the state, must undergo the state’s registration procedure. The core principle is that basing an aircraft in New Mexico for operational purposes triggers the state’s regulatory authority, including registration.
Incorrect
The New Mexico Aviation Act, specifically focusing on aircraft registration and operational requirements, mandates that any aircraft operating within the state must be registered with the New Mexico Aviation Division unless exempted. This registration process ensures that the state can track aircraft for safety, taxation, and emergency response purposes. While federal registration with the FAA is a prerequisite for all civil aircraft in the United States, state-level registration addresses unique state-specific concerns and revenue generation. The Act outlines specific requirements for initial registration, renewal, and the transfer of ownership. Failure to comply with these registration mandates can result in penalties, including fines and the prohibition of flight within New Mexico. Therefore, an aircraft based in New Mexico and not falling under any specific exemption, such as temporary operations by non-residents or aircraft solely engaged in interstate commerce and not based in the state, must undergo the state’s registration procedure. The core principle is that basing an aircraft in New Mexico for operational purposes triggers the state’s regulatory authority, including registration.
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Question 29 of 30
29. Question
An airport sponsor in New Mexico has secured federal grant funding for a runway extension project and is also seeking state matching funds from the New Mexico Department of Transportation (NMDOT) Aviation Division. The project involves significant modifications to the existing airfield layout. According to New Mexico Administrative Code (NMAC) 18.3.1, what is a mandatory step the airport sponsor must complete with the NMDOT Aviation Division before state funds can be disbursed for this development?
Correct
The New Mexico Department of Transportation (NMDOT) Aviation Division oversees aviation activities within the state. A key aspect of their regulatory framework involves the approval and oversight of airport development projects, particularly those receiving state funding. When an airport sponsor, such as a municipality or county in New Mexico, seeks state financial assistance for a project, the NMDOT Aviation Division must ensure compliance with state statutes and administrative rules. Specifically, New Mexico Administrative Code (NMAC) 18.3.1 governs airport development and funding. This regulation outlines the procedures for submitting project proposals, the criteria for eligibility, and the required documentation. A critical component of this process is the submission of an Airport Layout Plan (ALP) update that reflects the proposed development. The ALP serves as the master plan for the airport’s physical development and must be approved by the NMDOT Aviation Division before construction can commence, especially when state funds are involved. This approval process ensures that the development aligns with the airport’s long-term vision, safety standards, and environmental considerations, as mandated by state law. Therefore, the direct oversight and approval of the updated ALP by the NMDOT Aviation Division is a prerequisite for state funding disbursement for airport development projects in New Mexico.
Incorrect
The New Mexico Department of Transportation (NMDOT) Aviation Division oversees aviation activities within the state. A key aspect of their regulatory framework involves the approval and oversight of airport development projects, particularly those receiving state funding. When an airport sponsor, such as a municipality or county in New Mexico, seeks state financial assistance for a project, the NMDOT Aviation Division must ensure compliance with state statutes and administrative rules. Specifically, New Mexico Administrative Code (NMAC) 18.3.1 governs airport development and funding. This regulation outlines the procedures for submitting project proposals, the criteria for eligibility, and the required documentation. A critical component of this process is the submission of an Airport Layout Plan (ALP) update that reflects the proposed development. The ALP serves as the master plan for the airport’s physical development and must be approved by the NMDOT Aviation Division before construction can commence, especially when state funds are involved. This approval process ensures that the development aligns with the airport’s long-term vision, safety standards, and environmental considerations, as mandated by state law. Therefore, the direct oversight and approval of the updated ALP by the NMDOT Aviation Division is a prerequisite for state funding disbursement for airport development projects in New Mexico.
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Question 30 of 30
30. Question
Consider a scenario where an experimental amateur-built aircraft, registered with the FAA and based in Albuquerque, New Mexico, is involved in a minor incident at a municipal airport. The aircraft’s pilot, a New Mexico resident, possesses a valid FAA pilot certificate. During the post-incident inquiry, it is discovered that while the FAA registration is current, the aircraft has not undergone any specific state-level registration process beyond what is implied by its FAA status. Which of the following statements most accurately reflects the legal standing of the aircraft’s operation within New Mexico’s aviation regulatory framework?
Correct
New Mexico law, specifically concerning aircraft registration and operational requirements, mandates that all aircraft operating within the state must possess valid registration. This registration is typically issued by the Federal Aviation Administration (FAA) for most aircraft. However, for aircraft primarily based in New Mexico and operated within its airspace, state-level recognition or specific adherence to New Mexico’s aviation statutes is crucial. The New Mexico Department of Transportation (NMDOT), Aviation Division, oversees state aviation matters. While the FAA handles primary airworthiness and pilot certification, state laws often address issues like airport zoning, landing fees, and, importantly, the legal framework for aircraft ownership and operation within the state’s jurisdiction. A key aspect is understanding which governmental body has primacy for certain regulatory functions. The FAA’s authority is broad, covering air safety and national airspace. State aviation laws supplement this by addressing local concerns and economic development aspects related to aviation. Therefore, an aircraft operating in New Mexico must comply with both federal regulations and any applicable state statutes regarding its presence and operation within the state. This includes ensuring that the aircraft’s federal registration is current and that any state-specific requirements, if they exist beyond general FAA compliance for state-based operations, are met. The question tests the understanding of the interplay between federal and state aviation regulatory authority, focusing on the fundamental requirement of valid registration for operational legality within a specific state’s airspace.
Incorrect
New Mexico law, specifically concerning aircraft registration and operational requirements, mandates that all aircraft operating within the state must possess valid registration. This registration is typically issued by the Federal Aviation Administration (FAA) for most aircraft. However, for aircraft primarily based in New Mexico and operated within its airspace, state-level recognition or specific adherence to New Mexico’s aviation statutes is crucial. The New Mexico Department of Transportation (NMDOT), Aviation Division, oversees state aviation matters. While the FAA handles primary airworthiness and pilot certification, state laws often address issues like airport zoning, landing fees, and, importantly, the legal framework for aircraft ownership and operation within the state’s jurisdiction. A key aspect is understanding which governmental body has primacy for certain regulatory functions. The FAA’s authority is broad, covering air safety and national airspace. State aviation laws supplement this by addressing local concerns and economic development aspects related to aviation. Therefore, an aircraft operating in New Mexico must comply with both federal regulations and any applicable state statutes regarding its presence and operation within the state. This includes ensuring that the aircraft’s federal registration is current and that any state-specific requirements, if they exist beyond general FAA compliance for state-based operations, are met. The question tests the understanding of the interplay between federal and state aviation regulatory authority, focusing on the fundamental requirement of valid registration for operational legality within a specific state’s airspace.