SENATE No. 102
REPORT
OF THE
SPECIAL RECESS COMMISSION ON AIRPORTS AND AVIATION
Under Chapter 59 of the Resolves of 1937
November 23, 1937
BOSTON WRIGHT & POTTER PRINTING CO., LEGISLATIVE PRINTERS 32 DERNE STREET 1938
CJje Commontoealtf) of o@assacfnisctts
REPORT OF THE SPECIAL RECESS COMMISSION ON AIRPORTS AND AVIATION.
To the Honorable Senate and House of Representatives. The Special Commission relative to aviation in this Commonwealth, created by chapter 59 of the Resolves of 1937, herewith respectfully submits its unanimous report.
Purposes of the Commission Chapter 59, which received its executive approval on May 28, 1937, reads as follows:
Resolve providing for a Study by a Special Unpaid Commission RELATIVE TO THE PROPER PLANNING, LOCATION AND DEVELOP- MENT or Airports and to a Definite Policy and Program with Respect to Aviation and Related Matters within the Commonwealth.
Resolved, That a special unpaid commission, to consist of one mem- ber of the senate to be designated by the president thereof, two mem- bers of the house of representatives to be designated by the speaker thereof, and two persons to be appointed by the governor, is hereby established for the purpose of investigating and studying the subject matter of the governor’s message, printed as current house document numbered eighteen hundred and fifty-eight, relating to the proper planning, location and development of airports and to a definite policy and program with respect to aviation and related matters within the commonwealth. The commission shall hold public hearings, shall be provided with quarters in the state house or elsewhere, and may expend, with the approval of the governor and council, for clerical and other services and expenses, including travel within and without the commonwealth, such sums, not exceeding, in the aggregate, fifteen hundred dollars, as may hereafter be appropriated. The commission 4 SENATE— No. 102. [Jan. shall report to the general court the results of its investigation and study, and its recommendations, if any, together with drafts of legis- lation necessary to carry its recommendations into effect, by filing the same with the clerk of the senate on or before the first Wednesday of December in the current year.
Personnel of the Commission. In accordance with the terms of the resolve, the Presi- dent of the Senate named the Honorable James A. Gunn of Montague to the Commission, while the Speaker of the House of Representatives appointed Representatives Jeremiah J. Healy of Natick and John W. Lasell of North- bridge to serve on the part of the House. His Excellency, Governor Hurley, subsequently made the following ap- pointments to the Commission: Paul S. Bauer of Belmont and William S. Bowen of Boston. The Commission held its first meeting July 12, 1937, and elected Senator Gunn chairman and Representative Lasell vice chairman. The Commission appointed Lau- rence G. Hanscom of Wilmington secretary.
Proceedings The Commission had a conference with the officials of the State of New Jersey at the Newark airport, and with officials of Pan American Airways at New York. It also held open hearings in Boston, Fall River, New Bedford and Worcester, and in addition visited the North Adams area for the purpose of investigating the possibility of an airport in this section. The Commission also attended the conference of mayors held at Washington, D. C., for the purpose of ascertaining, if possible, what the attitude of the municipalities of the country is with respect to the future development of airports. It was apparently the unanimous consensus of opinion of this conference that the Federal government should contribute financially to the development and maintenance of airports, since in time of peace they are vitally necessary for the inter- state transport of mail, and in time of war would be a bulwark of national defence. 1938.] SENATE No. 102. 5
In each location where a public hearing was held, special invitations were sent to the mayor of each city, together with representatives and other people interested in avia- tion in that community. The Commission had the benefit of conferences with Maj. Clarence Hodge, State Supervisor of Aircraft; Hervey F. Law of the United States Bureau of Air Commerce; Charles P. Howard, State Commissioner of Administration and Finance; Associate Public Works Commissioner Richard K. Hale; Arthur W. Dean, State Planning Board Engineer; William H. Day of the Boston Chamber of Commerce; Paul C. Ryan, Secretary to Governor Hurley; Capt. Albert L. Edson, Superintendent of the Boston Airport; Capt. Richard Cobb, commanding United States Army Air Detachment at Boston; Paul G. Kirk, Commissioner of Public Safety; and Mayor Fred- erick W. Mansfield of Boston. The Commission wishes to acknowledge with sincere thanks the co-operation and assistance which it has re- ceived from these officials as well as from H. S. Tiffany, American Airlines; Paul F. Collins, Boston & Maine and C. V. Airways; E. W. Wiggins, Wiggins Airways; Robert Love, Intercity Airlines; Harold Martin, Dennison Air- port; Charles Hamilton, Bayside Airways; and numerous other operators throughout the State.
General Considerations. Aviation Policy. The Commission was cognizant of the remarkable growth of civil aeronautics in the United States of America since 1927, and desired in its investigation to determine, if possible, the answer to the following question: What should be the policy of the Commonwealth of Massa- chusetts with regard to the development of aviation as a long-term policy in the future? The Commission wishes to express itself most emphati- cally that it believes that the control, location and design of airports in the future should be a state and 6 SENATE No. 102. [Jan.
Federal function. The Commission does not mean to suggest by this statement that all airports should be exclusively the property of the Commonwealth of Massa- chusetts. However, it does feel that with the growth of air mail and air transportation that has taken place since 1927, as illustrated in Appendix A of this report, the proper location of airports to best serve the Common- wealth of Massachusetts can be done only through the medium of the State as a controlling factor. Airport development is urgently needed in the following general locations:
1. Fall River-New Bedford area. 2. The Worcester area. 3. The North Adams area. 4. Two additional airports located in Metropolitan Boston, probably adjacent to the circumferential highway, Route 128, to take care of the already overcrowded condition of the East Boston airport.
This Commission believes that the proper mechanism of control of airport development and the logical design in the future should be done by a division of aeronautics coming under the Department of Public Works, and to this end it has drafted a bill which is appended to this report. At the present time the entire development and regulation of aviation is handled by a subdivision of the Registrar of Motor Vehicles. This force consists of a supervisor and four inspectors, one engineer, two stenog- raphers, and one temporary stenographer. The salaries expended in this present set-up for the year 1937 will amount to a total of $16,290, and with expenses amount- ing to $2,889.36 estimated for the current year, gives a total of $19,179.36 for the year. It is the belief of the present Commission that insufficient saving is made in continuing the present arrangement to justify any further continuation of it. In order that the growth of aviation facilities, or rather the decline of aviation facilities, in the Commonwealth of Massachusetts since 1929 may be compared with the 1938.] SENATE —No. 102. 7 growth of the air transport, the Commission is including in Appendix B a survey made at its request by the avia- tion division of the Registry of Motor Vehicles. It can be seen from Appendix B'that until 1932 there were only three airports in the Commonwealth which were owned or leased by municipalities. Subsequent to 1932, the Federal government, through its relief program, induced certain cities or towns to acquire or lease a total of fifteen airports in Massachusetts. Of this total of fifteen air- ports only four are owned by municipalities, and as a result these four alone, together with two which are located on state-owned land and are leased by munici- palities, can expect additional Federal aid from the Works Progress Administration. This has resulted, through changes of Federal policy, in airports having work started on them and being left in an incomplete and unusable condition, with the result that now there is only one airport in the Commonwealth of Massachusetts which today’s airplane can safely land upon, and that is the East Boston airport. Tomorrow’s airplane is in the offing, and even this airport will need extensive enlargement. A further study of Appendix B will reveal that there has been a decrease in the number of airports and landing fields since 1929 of from 45 in 1929 to 37 in 1937. The number of auxiliary fields which come under the classifi- cation of being available only for emergency use has also decreased from 17 in 1929 to 13 in 1937. A further study of the data included in the Appendix will show the large number of airports which have been abandoned and discontinued, either as emergency fields or as airports. This Commission feels that the adequate location and selection of airports to be developed by the Common- wealth of Massachusetts should be a matter to be decided by experts of the division of aeronautics. If the Legisla- ture then sees fit to develop these fields, the best interests of the people of the Commonwealth will be served. The Commission believes that the town or city or group of towns and cities concerned should acquire and deed to the State this land necessary for an airport. The State then should develop, maintain and control the airport. 8 SENATE No. 102. [Jan.
This Commission feels, further, that with the develop- ment of Massachusetts and New England as a summer playground for vacationists, the Department of Public Works should be authorized to construct suitable sea- plane ramps for a base for the unloading of seaplanes in the following general locations: 1. Marthas Vineyard. 2. Nantucket. 3. Provincetown. 4. Gloucester. 5. New Bedford.
If these ramps had existed this past summer, the serious accident which occurred on Marthas Vineyard could have been averted.
Regulation of Aviation. This Commission feels that in the future aviation regulation will become more and more standardized, and although at present the multitudinous changes in Federal air regulations make it impossible for any State to keep its regulations at all times in conformity with Federal regulations, it is believed that the best interests of the public safety will be served by a revision of chapter 418 of the Acts of 1935, which is accomplished in the ap- pended legislation (Appendix C). The Commission be- lieves that this bill will work no hardship on any legiti- mate operator, but by the diversity of the policing powers will abolish a large amount of fly-by-night operation which has resulted in serious accidents in the Common- wealth of Massachusetts.
East Boston Airport. At the present time the proper solution of the difficulties attendant to the development of the East Boston airport is not apparent to this Commission. The land on which this airport is located is the property of the Common- wealth of Massachusetts. It is under lease to the city of Boston until 1948. It is a condition of this lease that 1938.] SENATE —No. 102. 9 the city of Boston be reimbursed by the State not to exceed the first cost of all field development which it has accomplished. At the same time, the State, as a condition of the lease, maintains a right of way across the southeasterly end of the airport for the purpose of, at some future date, build- ing docks thereon. If these docks are constructed, it will automatically preclude the use of the present airport, upon which some $5,000,000 has been spent. Under chapter 72 of the Resolves of 1937, the Depart- ment of Public Works has been authorized to extend the lease on the East Boston airport for a period of twenty years. If this extension is made by the city of Boston, the city of Boston will not be reimbursed for any money expended by it subsequent to the expiration of the present lease in 1948. It is the belief of this Commission that this subject is of such vast importance to the people of Massa- chusetts that it should be the subject, exclusively, of a recess commission to consider, and try to see if a rational plan in development of the East Boston airport cannot be accomplished which will not deviate from the policy suggested in this report. Bearing in mind that this airport is the only airport in the Commonwealth of Massachusetts which can safely accommodate today’s transport airplane, and that this year there will be in excess of 100,000 passengers carried in and out of the Commonwealth of Massachusetts through this airport to all parts of the world, this Com- mission feels that no time should be lost in arriving at a satisfactory solution of this problem to the benefit of all.
Recommendations. The recommendations and conclusions of the Com- mission may be briefly summarized as follows:
1. State aviation policy: (a) Airports should be established and operated in the future as a state and Federal function. (6) Municipalities, or groups of municipalities, should acquire and deed to the State land approved by the division of aero- nautics for an airport site. 10 SENATE— No. 102. [Jan.
2 Regulation of aviation: (a) A division of the Department of Public Works should be cre- ated to deal with regulation of aviation and the development of airports. (6) The Department of Public Works should construct and main- tain future airports.
3 Eai it Boston airport: (a) We recommend that a recess commission be established by this Legislature to endeavor to solve the East Boston air- port problem in a manner which will be to the best interests of the people of the city of Boston and the residents of the State. Respectfully submitted
JAMES A. GUNN. JOHN W. LASELL. JEREMIAH J. HEALY. PAUL S. BAUER. WILLIAM S. BOWEN. 1938.] SENATE No. 102. 11 12 SENATI No. 102 [Jan
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CO jo psd a. -ioiunj\[ dtqsaauMO •paanpay •paAoJdmi > •SJUSUBJI > > •eapipotJj aoiAjag > 1 'B9pH!°M 3ui^q3tri CO 0) kO O I M3 (eaaoy) uejy *o jo jud 0* o — dxqsaauAvo paonpay; (N > •paAOJduij > ■sjb3uuh fe > •eapipoßj; aaiAjag co r[ CD 3upi{3t N CD 1938.] SENATE No. 102. 31 Summary. Airports and landing fields: Municipal (owned or leased) Privately owned Auxiliary fields (privately owned) Municipal airports and landing fields: Constructed municipal funds only Constructed with C. VV. A., E. R. A., W. P. A. or P. W. A Improved municipal funds only Improved with G. W. A.. E. R. A., W. P. A. or P. W. A Reduced Abandoned Privately owned airports and landing fields Constructed Improved Reduced Abandoned Privately owned auxiliary fields Made available Improved Reduced Abandoned 10 32 SENATE— No. 102. [Jan Agawam Agawam (Bowles) Field. 1930 Constructed. Privately owned N-S 4,000: E-W 3,600 NE-SW 3,800; NW-SE 4,400. All way. Area, 250 acres. Boundary, flood and obstruction lights Beacon, weather station. 1932 Same. 1935 Sold to Racing Association. Race track built on field Lights and weather facilities removed. NE-SW 2,300; NW-SE 3,800. Area, 87 acres 1937 Same. Agawam Randall Field (Auxiliary). 1927 Privately owned. N-S 1,300; E-W 1,600, Area, 22 acre 1932 Same. 1936 Abandoned. 1937 Abandoned. Atlantic (Quincy) Dennison Airport 1927 Privately owned. NE-SW 1,900; NW-SE 1,800. Area, 28 acres. 1932 Same, 1937 Field same. Poles along near side of roads removed. Barnstable Cape Cod Airport. 1927 Privately owned. NE-SW 2,600; NW-SE 1,900. Area, 110 acre: 1932 Same. 1937 Private field. Part turned into polo field. Beverly Beverly Airport (Municipal). 1929 Constructed. Leased by city. N-S 1,400; E-W 1,200, Area, 25 acres 1932 E-W extended to 1,700. Area, 28 acres Hangar built. Trees and stone walls removed. 1938.] SENATE — No. 102. 33 Beverly Continued. 1933 Enlarged by C. W. A. N-S 2,000; E-W 1,700. NE-SW 1,900. Area, 52 acres (including part of C. H. Hood Farm). 1937 Reduced. N-S 1,400; E-W 1,700. NE-SW 1,600. Area, 40 acres. Bolton Clinton-Bolton Field. 1929 Constructed. Privately owned. NE-SW 1,350; NW-SE 1,350. Area, 17 acres. 1932 Woods cut back. Hangar built. 1937 Same. Boston-—Boston Airport (Municipal). 1922 Constructed. Commonwealth of Massachusetts. N-S 1,500 x 100; E-W 1,500 x 100. Area, 8 acres. 1927 Field extended. Hangars built. 1928 Leased by city of Boston. Area, 24 acre 1932 Municipal N-S 2,000; E-W 2,600, All way. Area, 100 acres. 1937 Improvement by W. P. A. Grading, drainage, concrete apron and take-off strips, flood lights, seaplane ramp, etc. N-S 3,600; E-W 3,200. All way. Area, 190 acres. Boxfobd Kelsey Field (Auxiliary) . 1930 Available. Privately owned. N-S 1,000; E-W 1,000. Area, 23 acres. 1932 N-S 700; E-W 900. Area, 15 acres 1936 Abandoned. 1937 Abandoned. 34 SENATE— No. 102. (Jan Brockton Brockton Field. 1928 Constructed. Privately owned N-S 1,450; E-W 1,400. Area, 14 acres. 1932 No improvements, 1937 No improvements, Canton Boston Metropolitan Airport, 1931 Constructed. Privately owned. NE-SW 1,350; NW-SE 2,150. Area, 23 acres, 1932 Same. 1935 New hangar built. 1937 New administration building. Cheshire Cheshire Field (Auxiliary). 1930 Started. Privately owned. N-S 1,000; E-W 500. Area, about 10 acres. 1932 Abandoned. 1937 Abandoned. Concord Lee Farm (Auxiliary). 1932 Started. Privately owned. N-S 1,000; E-W 500. Area, 10 acres 1933 Abandoned. 1937 Abandoned. Dalton Dalton Field (Auxiliary). 1927 Privately owned. N-S 800; E-W 1,500. Area, 20 acres 1932 Same. 1937 Reduced. N-S 800; E-W 1,200. Area, 15 acres. Dartmouth Round Hill Constructed. Privately owned. NE-SW 2,400; NW-SE 2,900. Area, 45 acres. Lighting facilities, hangars. 1932 New seaplane ramp. 1937 Field closed. 1938.] SENATE —No. 102. 35 Dudley Department op Commerce Int. 1927 Privately owned. N-S 1,450; NW-SE 1,000. Area, 24 acres. Boundary and obstruction lights. 1932 Same. 1935 Discontinued. 1937 Abandoned. Easton Prior’s Field (Auxiliary). 1932 Started. Privately owned. N-S 1,000. Strip. Area, 15 acres. 1937 Abandoned. Easton Ames Field (Private) 1932 Privately owned. N-S 1,500; E-W 1,500. Area, 24 acres. 1937 Same. Used occasionally. Edgartown Marthas Vineyard Field. 1929 Available. Privately owned. N-S 1,800; E-W 1,600. All wav. Area, 43 acrei 1932 Same. 1937 Same. Fairhaven —• New Bedford-Fairhaven Field. 1929 Available. Privately owned. N-S 2,200; E-W 1,100. Area, 60 acres. 1932 Same. 1937 Poles removed. Falmouth Falmouth Field (Municipal). 1927 Leased by town of Falmouth. NE-SW 2,000; NW-SE 1,900, E-W 1,000. Area, 34 acres 1932 Power line moved away from field 1937 Same, leased by town. 36 SENATE —No. 102. [Jan. Framingham Muster Field. 1927 Owned by State. Department of Commerce Int. Field. N-S 1,400; E-W 1,750. Area, 30 acres. Boundary lights. 1932 Abandoned as Department of Commerce Int. Field. Changed to Auxiliary Field. Lights removed. 1935 Police barracks and radio mast erected. Field abandoned. 1937 Abandoned. Framingham Framingham Airport. 1929 Available. Privately owned. N-S 1,300; E-W 1,000. Area, 38 acres. 1930 Power line removed, field enlarged, hangar built. poles lowered. N-S 2,000; E-W 1,300. Area, 47 acres. 1932 Same. 1937 Same. Franklin Woolford’s Field. 1929 Started. N-S 700; E-W 1,400. Area, 19 acres. 1932 Abandoned. Grafton Grafton Airport (Municipal). 1927 Privately owned. NE-SW 1,660; NW-SE 1,850. Boundary, obstruction lights and beacon. Area, 35 acres. 1932 Same. 1933 Leased by town of Grafton. Enlarged by C. W. A. N-S 2,400; E-W 1,650 NE-SW 1,750; NW-SI 3,000 Area, 72 acres. Lights removed. 1937 Same. Great Barrington Berkshire Airways Field. 1927 Privately owned. N-S 1,300; E-W 2,100. Area, 25 acres. 1932 Same. 1937 Same. 1938.] SENATE —No. 102. 37 Greenfield. 1929 Available. Privately owned. NE-SW 1,800; NW-SE 700. Area, 25 acres, 1932 Hangar built. 1937 Abandoned. Hanover Clark Airport. 1927 Privately owned. N-S 1,250; E-W 900. Area, 18 acres. 1931 Enlarged. N-S 1,250; E-W 1,200. Area, 23 acres, 1932 N-S 1,450; E-W 1,200. NE-SW 1,900. Area, 33 acres. 1937 N-S 2,300; E-W 1,400. NE-SW 2,300; NW-SE 1,400. Area, 45 acres. Two hangars built. Power line removed Haverhill Haverhill Field. 1927 Privately owned. NE-SW 1,300; NW-SE 1,250 Area, 18 acres, 1932 Same. 1937 NE-SW 1,300; NW-SE 1,500, Area, 20 acres. Hingham Hingham Field (Auxiliary) . 1929 Available. Privately owned. NE-SW 1,500 x 300. Strip. Area, 10 acres. 1932 Same. 1935 Abandoned. 1937 Abandoned. Hingham Bayside Field. 1935 Constructed. NE-SW 1,000; NW-SE 1,300. Area, 30 acres. 1936 Improved. NE-SW 1,200; NW-SE 2,200. New hangar built. Trees removed. Area, 42 acres. 1937 Same. 38 SENATE— No. 102. [Jan Hyannis Hyannis Airport (Municipal). 1927 Privately owned. N-S 1,320; E-W 1,500 Area, 35 acres. Flood light, beacon. 1932 Trees removed south of field. 1936 Purchased by town of Barnstable. Enlarged by W. P. A. to 80 acres. N-S 2,300; E-W 2,400, NE-SW 2,000; NW-SE 2,300. Flood light, beacon. 1937 Same. Leominster Fitchburg-Leominster Airport (Municipal). 1929 Operating. Privately owned. NE-SW 900; NW-SE 2,200, Area, 36 acres. Two hangars. 1932 Same. 1933 Leased by cities of Fitchburg and Leominster. Enlarged by C. W. A. N-S 2,300; E-W 1,400. NW-SE 2,300; NE-SW 1,500. Area, 67 acres. 1937 No improvements since 1933. Longmeadow Dunn Field (Auxiliary). 1927 Privately owned. N-S 1,700; E-W 900. Area, 35 acres. 1932 Same. 1936 Abandoned. 1937 Abandoned. Lowell Lowell Field (Auxiliary) (Municipal) 1927 Privately owned. N-S 700; E-W 1,400. Area, 22 acres. 1932 No improvements. 1933 Leased by city of Lowell Improvements started by E. R. A. but never completed. 1937 No improvements. N-S 700; E-W 1,400. Area, 22 acres. 1938.] SENATE —No. 102. 39 Mansfield Boltz Field. 1927 Privately owned. N-S 1,200; E-W 1,000. Area, 30 acres. 1932 Trees removed. 1937 Abandoned. Marlborough Marlborough Field. 1927 Privately owned. NW-SE 1,500 x 400. Strip. Area, 14 acres. 1929 Enlarged. NE-SW 1,300 x 300; NW-SE 1,500 x 400. Area, 21 acres. Poles removed. Hangar erected. 1932 Same. 1935 Hangar enlarged. 1937 Field closed. Medfield Fairacres Field (Auxiliary). 1931 Constructed. Privately owned. N-S 1,100; E-W 2,100. Area, 39 acre: 1932 Same. 1937 Same. Mendon Men don Field 1927 Privately owned. NE-SW 1,700; NW-SE 950. Area, 35 acres. 1932 No improvements, 1937 No improvements, Weather reporting station. Nantucket Curtiss Field. 1927 Privately owned. N-S 2,100 x 300; E-W 2,000 x 300. Area, 30 acres. 1932 Same. 1937 Abandoned. Nantucket Nobadeer Field (Auxiliary). 1927 Privately owned. N-S 950; E-W 2,200. Area, 45 acres. 40 SENATE —No. 102. [Jan Nantucket Continued. 1932 Same. 1937 Old field abandoned. New field across road being used. N-S 2,000; E-W 1,100. Area, 30 acres. Natick Natick-Wellesley Airport. 1927 Privately owned. N-S, 1,750; E-W 1,200. Area, 25 acres. 1932 Field enlarged and graded. N-S 1,750; E-W 1,800. Area, 29 acres. Trees removed. Two hangars erected. 1937 Abandoned. New Bedford Acushnet Field. 1927 Privately owned. N-S 700; E-W 800. Area, II acres. 1930 Abandoned. New Bedford Evergreen Field. 1929 Operating. Privately owned. N-S 1,100; E-W 900. Area, 23 acres. Trees removed 1930 Abandoned. Newbury Plum Island Field (Auxiliary) 1932 Started. Privately owned. E-W 1,500x400. Strip. Area, 14 acres. 1937 Same. Department of Commerce airway beacon located on field. Nbwburyport Old Fair Grounds. 1927 Privately owned. N-S 1,200; E-W 1,000. Area, 28 acres. 1931 Trees removed. N-S 1,200; E-W 800. Area, 22 acres. 1932 Abandoned. 1938.] SENATE —No. 102. 41 North Adams North Adams Field. 1927 NE-SW 1,200; NW-SE 1,200. Area, 20 acres. 1932 Field reduced in size. NW-SE 900 x 500. Strip. Area, 10 acres. 1937 Same. North Andover Lawrence Field (Municipal) Owned by city of Lawrence. 1933 to 1937, inclusive, under construction by C. W A. ) E. R. A., W. P. A. Not yet completed. N-S 2,500 x 300. NW-SE 3,000 x 300. Area, 44 acres. North Reading North Reading Field. 1932 Opened. Privately owned. N-S 1,050 x 200. Area, 8 acres. 1936 Power line erected across field. Abandoned. 1937 Abandoned. Northampton Lafleur Field. 1927 Privately owned. NE-SW 1,300; NW-SE 2,300. Area, 33 acres. 1932 Same. 1937 Same Northampton Lyman’s Field. 1927 Privately owned. N-S 1,700; E-W 1,800. Area, 40 acres. 1930 Grading done. Wires removed. Area, 50 acres. 1932 Abandoned. Northfield Northfield Field (Auxiliary). 1927 Privately owned. N-S 800; E-W 1,800. Area, 22 acres. 1930 Trees removed. 1932 Abandoned. 1937 Abandoned. 42 SENATE No. 102. [Jan Oak Bluffs Oak Bluffs Field (Auxiliary). 1936 Opened. Privately owned. NE-SW 1,200; NW-SE 900. Area, 15 acres 1937 Field enlarged NE-SW 1,400; NW-SE 1,600. Area, 20 acres Trees and woods removed. Orange Orange-Athol Airport (Municipal). 1928 Opened. Privately owned. NE-SW 2,400 x 300; NW-SE 1,600 x 300. Area, 25 acres. 1933 Field leased by towns ofof Orange andand AtholAthol. Field enlarged by C. W. A. and E. R. A. NE-SW 2,500; NW-SE 1,600. N-S 1,900; E-W 2,200 Area, 70 acres. 1936 New hangar erected. 1937 Same. Orleans -Bauer Field (Private). 1934 Opened. Privately owned. N-S 3,000 x 200. Beach. Area, 15 acres. 1937 Same. Oxford Oxford Field (Auxiliary). 1929 Available. Privately owned. N-S 800; E-W 1,000. Area, 13 acres. 1932 Abandoned. Palmer Valley Field. 1933 Opened. Privately owned. N-S 100; E-W 900. Area, 17 acres. 1937 Field enlarged. N-S 1,500; E-W 1,200. Area, 25 acres. Trees removed; Field graded. Pittsfield Benedict Road Field. 1929 Operating. Privately owned N-S 800; E-W 600. Area, 11 acres. 1932 Abandoned. 1938.] SENATE — No. 102. 43 Pittsfield—Pittsfield Aibpobt (Depaetment of Commerce Int.) 1929 Constructed and opened. Privately owned. N-S 1,600 x 200; E-W 1,600 x 200. Area, 14 acres. 1932 Same. 1934-1935 Field leased by United States Department of Com- merce for intermediate landing field on Boston-Albany Airway. Field enlarged and lighted. N-S 1,600 x 300; E-W 2,400 x 300 Area, 25 acres. Trees removed. 1937 Same. Plymouth Plymouth Field (Auxiliary) 1929 Operating. Privately owned. NE-SW 1,200 x 600. Area, 17 acres. 1932 Same. 1937 Field enlarged, woods cut back, orchard removed. N-S 1,400. NE-SW 1,300; NW-SE 800. Area, 25 acres. Provincetown Provincetown Field (Municipal). 1934 Property leased from the Commonwealth of Massachusetts by the town of Provincetown. Field constructed by C. W. A. E-W 3,000 x 300. NE-SW 3,000 x 300. Area, 40 acres. 1937 Same. Revere Riverside (Muller) Field. 1927 Privately owned. N-S 1,900; E-W 1,100, NE-SW 1,200; NW-SE 1,700. Area, 38 acres. 1932 Stone walls removed. 1937 Same. Name changed to Riverside Field Rowley Rowley Field. 1932 Opened. Privately owned. N-S 1,200 x 300. Strip. Area, 8 acres. 1935 Some grading done. 1937 Abandoned. 44 SENATE— No. 102. [Jan, Salisbury Amesbury Airport (Auxiliary). 1927 Privately owned. N-S 1,400; E-W 900 Area, 20 acres. 1932 Same. 1937 Same. Seekonk Providence Airport. 1927 Privately owned. N-S 1,700; E-W 1,600. Area, 30 acres. Two hangars, flood and obstruction lights. 1932 Same. 1937 Lights discontinued. Sheffield Canaan Field (Municipal). 1929 Available. Privately owned. N-S 1,600; E-W 1,700. Area, 26 acres. 1932 Same. 1933 Leased by town of Canaan. Enlarged by C. W. A. N-S 1,700; E-W 2,400. Area, 33 acres. 1937 Municipal. No improvements. SoUTHBRIDGE SoUTHBRIDGE FIELD (AUXILIARY). 1929 Available. Privately owned. N-S 1,800; E-W 600. Area, 15 acres. 1932 Trees removed. Area same. 1937 Same. Springfield Springfield Airport. 1929 Operating. Privately owned. NE-SW 2,600; NW-SE 2,300 All way. Area, 71 acres. Lighting facilities. 1932 Woods cut back. 1937 Boundary lights moved back. NE-SW 2,800; NW-SE 2,400. Area, 80 acres. 1938.] SENATE — No. 102. 45 Stockbridgb Lenox Field. 1930 Available. Privately owned. N-S 600; E-W 600. Area, 9 acres. 1932 Same. 1937 Abandoned. Taunton Taunton Airport (Municipal). 1927 Privately owned. NE-SW 900; NW-SE 1,400. Area, 20 acres. Hangar. 1932 Trees cut, swamp being filled. NE-SW 900; NW-SE 1,700. Area, 22 acres. 1933-1935 Leased by city of Taunton. Field enlarged'by C. W. A. Not completed. NE-SW 2,600; NW-SE 1,700. Area, 45 acres. 1937 Work being done by operators. NW-SE extended to 1,800 feet. Surface being improved by hand grading. Templeton Gardner Field (Municipal) 1929 Constructed. Privately owned. N-S 1,700; E-W 1,000. NE-SW 1,450, Area, 20 acres Hangar. 1932 Same, 1934 Leased by city of Gardner. Field enlarged by C. W. A New runway, NW-SE 1,250, Area, 27 acres. Field grassed. 1937 Same. Turners Falls Turners Falls Field (Municipal). 1929 Constructed. Privately owned. E-W 1,800 x 500. Strip Area, 22 acres. 1932 Field enlarged N-S 2,700 x 400; E-W 2,500 x 600, Area, 55 acres. 46 SENATE — No. 102. [Jan Turners Falls—• Continued. 1935-1937 Purchased by town of Montague. Field enlarged by W. P. A. N-S 3,000; E-W 2,800. NE-SW 3,000. Area, 125 acres. Wareham Wareham Field. 1927 Privately owned. N-S 1,300; E-W 1,250. Area, 15 acres. 1932 Surface of field graded. Poles moved. 1934 Abandoned. 1937 Abandoned. West Brookfield The Brookfields Field (Auxiliary). 1930 Available. Privately owned. E-W 800. NW-SE 1,500. Area, 23 acres. 1932 Same 1937 Same Westborough Turnpike Field. 1932 Opened. Privately owneowned. N-S 1,200; E-W 1,000. Area, 26 acres 1937 Trees along road removed Woods cut back Hangar built. Westfield Barnes Airport (Municipal). 1929 Operating. Privately owned. E-W 1,350 NE-SW 2,000. Area. 25 acre; Hangar. 1932 Same. 1936 Purchased by city of Westfield. Enlarged by W. P. A. N-S 1,500; E-W 2,000, NE-SW 3,000; NW-SE 3,500. Area, 65 acres, 1937 Same. 1938.] SENATE No. 102. 47 Westwood Westwood Field. 1927 Privately owned. N-S 1,200. NE-SW 1,400; NW-SE 1,250. Area, 40 acres. 1932 Hangar erected. Woods cut back. Poles lowered. 1937 Abandoned. WILLIAMSTOWN WILLIAMSTOWN FIELD (AUXILIARY). 1929 Available. Privately owned. N-S 600; E-W 600. Rough. Area, 8 acres. 1932 Abandoned WINCHENDON WINCHENDON FIELD. 1931 Opened. Privately owned. NE-SW 1,320; NW-SE 1,350 Area, 15 acres. Hangar. 1932 Woods cut back from edge of field. 1937 Hangar gone. Woburn Woburn Field. 1929 Operating. Privately owned. N-S 400; E-W 900. Area, 8 acre; Hangar. 1932 Abandoned. 48 SENATE —No. 102. [Jan Appendix C. PROPOSED LEGISLATION. C&e Commontoealtb of a&a&gacftugett* In the Year One Thousand Nine Hundred and Thirty-Eight. An Act establishing in the department of public WORKS A DIVISION OF AERONAUTICS, UNDER THE CHARGE OF A STATE DIRECTOR OF AERONAUTICS, AND DEFIN- ING THE POWERS AND DUTIES OF SAID DIVISION AND DIRECTOR. 1 Whereas, The deferred operation of this act would 2 cause substantial inconvenience, therefore it is hereby 3 declared to be an emergency law, necessary for the 4 immediate preservation of the public safety and 5 convenience. Be it enacted by the Senate and Rouse of Repre- sentatives in General Court assembled, and by the authority of the same, as follows: 1 Section 1. Chapter sixteen of the General Laws 2 is hereby amended by inserting after section two, as 3 appearing in the Tercentenary Edition, the following 4 new section: 5 Section 2A. There shall be in the department, and 6 under the general supervision and control thereof, a 7 division of aeronautics which shall be under the 1938.] SENATE — No. 102. 49 8 charge of a director, to be known as the state director 9of aeronautics, hereinafter called the director. Said 10 division, subject to such supervision and control, shall 11 administer sections thirty-five to fifty, inclusive, of 12 chapter ninety. The department, by order duly 13 recorded in the office of the department and open to 14 public inspection, may provide for appeals to the 15 department from rulings and decisions of the director. 16 The director may from time to time make to the de- -17 partment recommendations relative to airports and 18 aviation, or either of such subjects, and shall make an 19 annual report to the general court. 1 Section 2. Said chapter sixteen is hereby further 2 amended by striking out section five, as so appearing, 3 and inserting in place thereof the following: 4 Section 5. The commissioner shall appoint and 5 may remove, subject to the approval of the governor 6 and council, an official to be known as the registrar of 7 motor vehicles and an official to be known as the 8 state director of aeronautics, and may, with like 9 approval, fix the compensation of each of such 10 officials. 1 Section 3. Chapter ninety of the General Laws is 2 hereby amended by striking out section thirty-five, 3 as appearing in section two of chapter four hundred 4 and eighteen of the acts of nineteen hundred and 5 thirty-five, and inserting in place thereof the fol- -6 lowing: 7 Section 35. The following words and phrases used 8 in sections thirty-five to fifty, inclusive, shall have the 9 following meanings, unless a different meaning is 50 SENATE —No. 102. [Jan. 10 clearly apparent from the language or context, or 11 unless such construction is inconsistent with the mani- -12 fest intention of the general court: 13 “Aeronautics”, the act or practice of the art and 14 science of transportation by aircraft, and operation, 15 construction, repair or maintenance of aircraft, air- -16 ports, landing fields, landing strips, air navigation 17 facilities or air instruction. 18 “Aircraft”, any contrivance now known or here- -19 after invented, used, or designed for navigation of, or 20 flight in the air, except a parachute or other contriv- -21 ance designed for such navigation and used primarily 22 as safety equipment. 23 “Air instruction”, the imparting of aeronautical in- -24 formation in any air school, flying club, or by an avia- -25 tion instructor. 26 “Airman”, any individual including the one in 27 command, and any pilot including a student, me- -28 chanic, or member of the crew, who engages in the 29 navigation of aircraft while under way, or any indi- -30 vidual who is in charge of the inspecting, overhauling 31 or repair of aircraft or aircraft engines, or any para- -32 chute rigger and repairman. 33 “Airport”, any area, either land or water, which is 34 used or which is made available for the landing and 35 take-off of aircraft, and which provides facilities for 36 the shelter, supply and repair of aircraft, and which 37 meets the minimum requirements as to size, design, 38 surface, marking, equipment and management as may 39 from time to time be provided by the director. 40 “Air school”, any person engaged in giving instruc- -41 tion, or offering to give instruction, in aeronautics, 42 either in flying or ground subjects, or both, for or 43 without hire or reward, and advertising, representing 1938.] SENATE —No. 102. 51 44 or holding himself out as giving or offering to give 45 such instruction. 46 “Civil aircraft”, any aircraft other than a public 47 aircraft. 48 “Director”, the state director of aeronautics in the 49 department of public works. 50 “Division”, the division of aeronautics in the de- -51 partment of public works. 52 “Glider”, a motorless heavier than air aircraft. 53 “Landing field”, any area, either of land or water, 54 which is used or which is made available for the land- -55 ing and take-off of aircraft, which may or which may 56 not provide facilities for the shelter, supply and repair 57 of aircraft, and which meets the minimum require- -58 ments as to size, design, surface, marking, equipment 59 and management as may from time to time be pro- -60 vided by the director. 61 “Landing strip”, an area, either of land or water, 62 which is available for the landing and take-off of air- -63 craft, having not less than two hundred feet of usable 64 width and not less than eight hundred feet of usable 65 length. 66 “Navigable air space”, air space above the mini- -67 mum safe altitudes of flight prescribed by regulation 68 by the director. Such navigable air space is subject 69 to a public right of air navigation in conformity with 70 this chapter and with the regulations and air traffic 71 rules issued by the director. 72 “Person”, any individual, association, copartner- -73 ship, firm, company, corporation, or other association 74 of individuals. 75 “Public aircraft”, an aircraft used exclusively in 76 the governmental service, including military and naval 77 aircraft, or of any state or territory thereof. 52 SENATE —No. 102. [Jan. 1 Section 4. Said chapter ninety is hereby further 2 amended by striking out section thirty-six, as so ap- -3 pearing, and inserting in place thereof the following: 4 Section 36. The public safety requiring, in the 5 interest of aeronautical progress, that a person en- -6 gaging within this commonwealth in navigating or 7 operating aircraft in any form of navigation should 8 have the qualifications necessary for operating and 9 holding a pilot’s license, permit or certificate, issued 10 by the department of commerce of the United States 11 or other proper licensing authority, it shall be unlaw- -12 ful for any person to operate or navigate any aircraft 13 in this commonwealth unless such person is the holder 14 of an appropriate effective pilot’s license, permit or 15 certificate, issued by the said department or authority; 16 provided, that this restriction shall not apply to those 17 persons operating military aircraft of the United 18 States or possessions thereof, public aircraft of any 19 state or territory, or any aircraft licensed by a foreign 20 country with which the United States has a recipro- -21 cal agreement covering the operation of such licensed 22 aircraft, nor to glider pilots who may be licensed by 23 the director in accordance with such regulations as 24 he may prescribe. 1 Section 5. Said chapter ninety is hereby further 2 amended by striking out section thirty-seven, as so 3 appearing, and inserting in place thereof the follow- -4 ing: 5 Section 37. The public safety requiring, in the 6 interest of aeronautical progress, that aircraft oper- -7 ated within this commonwealth should conform with 8 respect to design, construction and air-worthiness to 9 the standards prescribed by the United States govern- 1938.] SENATE —No. 102. 53 10 merit with respect to navigation of civil aircraft sub- -11 ject to its jurisdiction, it shall be unlawful to operate 12 or navigate any aircraft within the commonwealth, 13 unless such aircraft has an appropriate effective li- -14 cense, permit or certificate, issued by the department 15 of commerce of the United States or other proper 16 licensing authority and is registered by said depart- -17 merit or other authority; provided, that this restric- ts tion shall not apply to military aircraft of the United 19 States or possessions thereof, public aircraft of any 20 state or territory, aircraft licensed by a foreign coun- -21 try with which the United States has a reciprocal 22 agreement covering the operation of such licensed air- -23 craft nor to gliders which may be licensed by the 24 director in accordance with such regulations as he 25 may prescribe; and provided, further, that the di- -26 rector may at his discretion waive the provisions of 27 this section in the interest solely, for inspection or 28 test purposes, of a non-passenger carrying flight. 1 Section 6. Said chapter ninety is hereby further 2 amended by striking out section thirty-eight, as so 3 appearing, and inserting in place thereof the fol- -4 lowing: 5 Section 38. All resident airmen and owners and 6 operators or owners or operators of all aircraft shall 7 register the federal licenses, permits or certificates of 8 said airmen and of said aircraft in such manner as 9 the director may by regulation prescribe, and the 10 director is hereby authorized to issue a certificate of 11 registration in each case. Non-resident airmen and 12 owners and operators or owners or operators of air- -13 craft may operate within the commonwealth without 14 such registration for ten days in any calendar year. 54 SENATE No. 102. [Jan. 15 No aircraft, except in the case of an emergency, shall 16 land upon or take off from any area in the common- -17 wealth other than an airport, landing field or landing 18 strip approved by the director. No license, rule, order 19 or regulation promulgated under the authority of sec- -20 tions thirty-five to fifty, inclusive, shall apply to air- -21 ports, landing fields, air beacons or other air naviga- -22 tion facilities owned or operated by the government 23 of the United States or by this commonwealth. 1 Section 7. Said chapter ninety is hereby further 2 amended by striking out section thirty-nine, as so 3 appearing, and inserting in place thereof the fol- -4 lowing: 5 Section 39. The operation within this common- -6 wealth by any person, by himself or his agent, of any 7 aircraft, whether registered or unregistered, and with 8 or without a license, permit or certificate to operate, 9 shall be deemed equivalent to an appointment by 10 such person of the director, or his successor in office, 11 to be his true and lawful attorney upon whom may 12 be served all lawful processes in any action or pro- -13 ceeding against him growing out of any accident or 14 collision in which he may be involved while operating 15 aircraft within the commonwealth, and such opera- -16 tion shall be a signification of agreement by such 17 person that any lawful process against him which is 18 served upon the director, or his successor in office, as 19 such attorney shall be of the same legal force and 20 validity as if served on him personally, and that the 21 director, and his successor in office, shall continue to 22 be his said attorney so long as any liability on account 23 of such an accident or collision remains outstanding 24 against him. 1938.] SENATE —No. 102. 55 1 Section 8. Said chapter ninety is hereby further 2 amended by inserting after section thirty-nine, as 3 amended by this act, the following two new sections:— 4 Section 39A. Service of process under section 5 thirty-nine shall be made by leaving a copy of the 6 process with a fee of two dollars in the hands of the 7 director, or in his office, and by giving the defendant 8 notice in either the manner provided in paragraph (1) 9 or in that provided in paragraph (2) hereof, and such 10 service shall be sufficient service upon a defendant 11 who has under said section appointed the director or 12 his successor his true and lawful attorney therefor. 13 (1) If the defendant is known by the plaintiff to 14 be the holder of an appropriate effective aircraft 15 license, permit or certificate, referred to in section 16 thirty-seven, or to be the holder of an appropriate 17 effective pilot’s license, permit or certificate referred 18 to in section thirty-six, issued by the department of 19 commerce of the United States or other appropriate 20 licensing authority of any state other than this com- -21 monwealth, or of any other country, notice of such 22 service upon the director as attorney for the defend- -23 ant and a copy of the process shall forthwith be sent 24 by registered mail, with return receipt requested, by 25 the plaintiff to the defendant at his address of record 26 in the office from which such license, permit or certifi- -27 cate was issued. The plaintiff’s affidavit of compli- -28 ance herewith, and the defendant’s return receipt, if 29 received by the plaintiff, shall be filed in the case on 30 or before the return day of the process or within such 31 further time as the court may allow. If the defend- -32 ant has no such license, permit or certificate known 33 to the plaintiff, such notice and cop}7 shall be sent in 34 the same manner to the last address of the defendant 56 SENATE —No. 102. [Jan. 35 known to the plaintiff, and affidavit of compliance 36 herewith, and the defendant’s return receipt or other 37 proof of actual notice, shall be filed in the case within 38 the time above provided. 39 (2) Notice of such service upon the director and a 40 copy of the process shall be served upon the defend- -41 ant, if found within the commonwealth, by a sheriff 42 or deputy sheriff of any county of this commonwealth, 43 or, if found without the commonwealth, by any duly 44 constituted public officer qualified to serve like process 45 in the state or jurisdiction where the defendant is 46 found, and the officer’s return showing such service 47 to have been made shall be filed in the case on or 48 before the return day of the process or within such 49 further time as the court may allow. 50 (3) The court in which the action is pending may 51 order such continuances as may be necessary to afford 52 the defendant reasonable opportunity to defend the 53 action. 54 Section 393. The fee of two dollars paid by the 55 plaintiff under section thirty-nine A to the director 56 at the time of the service shall be taxed in his costs 57 if he prevails in the action or proceeding. The direc- -58 tor shall keep a record of all processes served upon 59 him under said section thirty-nine A, which shall 60 show the day and hour of service. 1 Section 9. Said chapter ninety is hereby further 2 amended by striking out section forty, as so appear- -3 ing, and inserting in place thereof the following: 4 Section 40. The certificate of registration required 5 for pilots and issued by the division under section 6 thirty-eight shall be kept in the personal possession 7 of the person so registered when he is operating air- 1938.] SENATE No. 102. 57 8 craft within this commonwealth and must be presented 9 for inspection upon the demand of any passenger, or 10 any peace officer of this commonwealth, any author- -11 ized official or employee of the division, or any offi- -12 cial, manager or person in charge of any airport, 13 landing field or landing strip in this commonwealth 14 upon which such person so registered shall land. The 15 certificate of registration of the aircraft shall be car- -16 ried in the aircraft at all times and shall be conspicu- -17 ously posted therein where it may be readily seen by 18 passengers or by the persons hereinbefore authorized 19 to inspect the same; and said certificate shall be pre- -20 sented for inspection upon the demand of any passen- -21 ger, or any peace officer of this commonwealth, or 22 authorized official or employee of the division, or 23 any official, manager or person in charge of any air- -24 port, landing field or landing strip in this common- -25 wealth upon which it shall land. 1 Section 10. Said chapter ninety is hereby further 2 amended by striking out section forty-one, as so ap- -3 pearing, and inserting in place thereof the following: 4 Section I+l. The director is hereby empowered to 5 prescribe and enforce such rules and regulations as 6 he may deem necessary and advisable for the public 7 safety and for the promotion of aeronautics govern- -8 ing the location, designing, laying out, building, equip- -9 ping, operation, use and management of all airports, 10 landing fields, landing strips, air instruction, air mark- -11 ings, air beacons or other air navigation facilities 12 within the commonwealth. The director is further 13 empowered to prescribe and enforce such rules and 14 regulations as he may deem necessary and advisable 15 for the public safety and for the safety of aircraft and 58 SENATE No. 102. [Jan. 16 airmen; provided, that no rule or regulation pre- -17 scribed by the director under authority of this section 18 shall be inconsistent with the then current federal 19 legislation governing aeronautics and the regulations 20 duly promulgated thereunder; and provided, further, 21 that all rules and regulations prescribed by the direc- -22 tor under authority of this section shall be subject to 23 approval and shall take effect in the manner pre- -24 scribed by section six of chapter sixteen. 1 Section 11. Section forty-two of said chapter 2 ninety, as so appearing, is hereby amended by strik- -3 ing out, in the ninth line, the word “registrar” and 4 inserting in place thereof the word: director, so 5 as to read as follows: Section 43- Airports, landing 6 fields and landing strips for aircraft may be estab- -7 lished from time to time and may be maintained by 8 the department, or by other public officials in charge 9 of any land owned or controlled by the common- -10 wealth or by any city, town or district thereof. Such 11 landing places shall, in respect to design, laying out, 12 location, building, equipping, operation, use and man- -13 agement be governed by the rules and regulations 14 promulgated by the director under the provisions of 15 section forty-one. 1 Section 12. Said chapter ninety is hereby further 2 amended by striking out section forty-three, as so 3 appearing, and inserting in place thereof the fol- -4 lowing: 5 Section 43. The owner and operator of any air- -6 craft which is in any manner involved in an accident 7 in which any person is killed or injured shall each 1938.] SENATE —No. 102. 59 8 forthwith report in writing to the director. When an 9 aircraft shall have been damaged in any structural 10 part, a written report of such damage shall be sub- -11 mitted forthwith to the director by the owner of such 12 aircraft and by the person operating the same at the 13 time of such damage, and such aircraft shall not be 14 again operated until such damaged part has been 15 replaced or repaired and until such aircraft has been 16 inspected and approved by the director or his duly 17 authorized agent. Whenever the death of any person 18 results from any such accident, pending an investiga- -19 tion by the director he shall suspend forthwith the 20 right to operate aircraft of the individual operating 21 said aircraft involved in said accident. The director 22 shall investigate the cause of any accident within the 23 commonwealth in which a civil aircraft is involved. 1 Section 13. Said chapter ninety is hereby further 2 amended by inserting after section forty-three, as 3 amended by this act, the following new section: 4 Section 43A. Any member of the division of state 5 police of the department of public safety or of the 6 police force of the metropolitan district commission, 7 any other peace officer of the commonwealth, and the 8 director and his authorized agents shall have and 9 exercise relative to any aircraft accident referred to 10 in section forty-three and any violation of any pro- -11 vision of sections thirty-five to fifty, inclusive, or of 12 any rule or regulation made or promulgated under 13 authority thereof, the same powers and duties as such 14 a member or officer shall have and may exercise in 15 relation to any accident or violation of law involving 16 a motor vehicle, as defined in section thirty-four A. 60 SENATE— No. 102. [Jan. 1 Section 14. Said chapter ninety is hereby further 2 amended by striking out section forty-four, as so 3 appearing, and inserting in place thereof the fol- -4 lowing: 5 Section 44- The director may suspend, and after 6 due hearing revoke, an airman’s certificate of regis- -7 tration or right to operate aircraft in this common- -8 wealth if such airman exceeds his authority under his 9 license, permit or certificate. 10 The director may suspend, and after due hearing 11 revoke, an airman’s certificate of registration or the 12 right of any person, whether or not an airman, to 13 operate aircraft in this commonwealth 14 (a) If, in the opinion of the director, such person 15 has operated any aircraft in a manner dangerous to 16 anybody; 17 ( b) Upon the use by such person of an unregistered 18 aircraft, except as provided in section thirty-seven; 19 (c) For operating an aircraft after the damage 20 referred to in section forty-three has occurred and 21 before full compliance with said section; or 22 (d) For violation of any provision of sections 23 thirty-five to fifty, inclusive, or of any rule or regula- -24 tion made or promulgated by the director under 25 authority thereof. 26 The director shall suspend for not less than one 27 year, and may after due hearing revoke, the certifi- -28 cate of registration or right to operate of an airman 29 who has been convicted of operating an aircraft while 30 under the influence of intoxicating liquor. 31 The director may suspend, and after due hearing 32 revoke, the certificate of registration or the right of 33 operation in this commonwealth of an aircraft if it is 1938.] SENATE — No. 102. 61 34 found by him or his authorized agent to be un- -35 airworthy. 36 The director may suspend, and after due hearing 37 revoke, the certificate of registration or the right of 38 operation in this commonwealth of an aircraft until 39 such time as the ownership thereof shall have been 40 legally transferred or assigned according to law 41 (a) If such aircraft is operated in violation of any 42 provision of sections thirty-five to fifty, inclusive, or 43 of any rule or regulation made or promulgated by the 44 director under authority thereof; or 45 (b ) If such aircraft is operated for any purpose not 46 authorized by its registration. 1 Section 15. Said chapter ninety is hereby further 2 amended by striking out section forty-five, as so ap- -3 pearing, and inserting in place thereof the following; 4 Section There shall be in the division an ad- -5 visory board of aeronautical experts which shall con- -6 sist of five members appointed by the governor, who 7 shall be designated in their original appointments to 8 serve respectively for one, two, three, four and five 9 years. Upon the expiration of the term of office of a 10 member, his successor shall be appointed by the gov- -11 ernor for five years. The duties of such board shall 12 be to advise with the director on matters pertaining 13 to aviation, and to promote and encourage aviation. 14 Such board shall meet at least bi-monthly and shall 15 annually submit to the commissioner of public works 16 such recommendations as it may deem necessary or 17 advisable. The members of said board shall be al- -18 lowed their actual traveling expenses incurred within 19 the commonwealth. 62 SENATE No. 102. [Jan. 1 Section 16. Section forty-six of said chapter 2 ninety, as so appearing, is hereby amended by strik- -3 ing out, in the fourth line, the word “registrar” and 4 inserting in place thereof the word; director, so 5 as to read as follows: Section 46. Any person fail- -6 ing to comply with the requirements, or violating any 7 provision, of sections thirty-five to fifty, inclusive, or 8 the rules and regulations for the enforcement of said 9 sections made by the director, shall be punished by a 10 fine of not less than ten nor more than five hundred 11 dollars, or by imprisonment for not less than one 12 month nor more than six months, or both. Whoever 13 operates an aircraft while under the influence of in- -14 toxicating liquor shall be punished by imprisonment 15 for not less than one month nor more than two years. 1 Section 17. Said chapter ninety is hereby amended 2 by striking out section forty-seven, as so appearing, 3 and inserting in place thereof the following:— 4 Section 47. Any person aggrieved by any regula- -5 tion, ruling or decision of the director, relative to the 6 use, operation and registration of aircraft, or by an 7 order of the director, may appeal as provided in sec- -8 tion twenty-eight, and the provisions of said section 9 shall apply to such appeal. 1 Section 18. Section forty-nine of said chapter 2 ninety, as so appearing, is hereby amended by strik- -3 ing out, in the fourth line, the word “registrar” and 4 inserting in place thereof the word: director, —so sas to read as follows: Section 49. The superior 6 court shall have jurisdiction in equity to enforce the 7 provisions of sections thirty-five to fifty, inclusive, 1938.] SENATE —No. 102. 63 8 and rules, regulations and orders made thereunder by 9 the director, and to restrain the violation thereof. 1 Section 19. For all purposes of all appeals pend- -2 ing, upon the effective date of this act, under authority 3 of section forty-seven of chapter ninety of the General 4 Laws, appearing in said section two of said chapter 5 four hundred and eighteen, as in effect immediately 6 prior to such effective date, the state director of aero- -7 nautics in the department of public works shall be 8 considered to be the successor in office of the regis- -9 trar of motor vehicles, and such pending appeals shall 10 be considered and disposed of in accordance with the 11 provisions of law applicable thereto, as in force im- -12 mediately prior to such effective date. 1 Section 20. Upon the effective date of this act 2 the terms of office of the members of the advisory 3 board of aeronautical experts established and exist- -4 ing under authority of section forty-five of chapter 5 ninety of the General Laws, as in force immediately 6 prior to said effective date, shall terminate and 7 thereupon said board shall be abolished.