The public safety requiring and the advantages of uniform regulation making it desirable in the interest of aeronautical progress, the state corporation commission [public regulation commission] is hereby authorized to make, from time to time, regulations concerning such common carriers, and air traffic rules applicable to the operation of all aircraft within this state: provided, however, that such regulations and air traffic rules shall conform to and coincide with the provisions of the Air Commerce Act of May 20th, 1926, and all amendments thereto passed by the congress of the United States and the air commerce regulations and the air traffic rules adopted by the secretary of commerce pursuant thereto, as nearly as may be and insofar as the same are applicable: which said regulations and air traffic rules, so to be made by the state corporation commission [public regulation commission], are hereby declared to be necessarily incident to the exercise of its jurisdiction over the common carriers mentioned in Section 6 [64-1-6 NMSA 1978] of this act.

History: Laws 1929, ch. 71, § 7; C.S. 1929, § 12-107; 1941 Comp., § 47-107; 1953 Comp., § 44-1-7.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.

Compiler's notes. — Under 49 U.S.C. App. 1655, the functions, powers and duties of the secretary of commerce and other offices and officers of the department of commerce, under various laws relating to aircraft, were transferred to the secretary of transportation.

The Air Commerce Act of May 20th, 1926, referred to in this section, was repealed by Acts of June 23, 1938, ch. 601, 52 Stat. 957 and Aug. 23, 1958, P.L. 85-726, 72 Stat. 806.

Crop dusting and seeding. — Spraying, dusting and seeding farm land constitutes a special service and person or agency engaged therein is not a common carrier by aircraft subject to license and regulation by state corporation commission (now public regulation commission). Marsh Aviation Co. v. SCC, 1951-NMSC-020, 55 N.M. 178, 228 P.2d 959.

State corporation commission (now public regulation commission) may promulgate rules and regulations relating to air carriers. 1945 Op. Att'y Gen. No. 45-4791.

Rules applicable to all aircraft. — Air traffic rules promulgated by the state corporation commission (now public regulation commission) apply to all aircraft, including nonprofit aviation activities as well as the common carrier enterprises. 1947 Op. Att'y Gen. No. 47-5117.

Accident investigation and report. — Investigations and reports of aircraft accidents may be taken care of by rule of the state corporation commission (now public regulation commission) in conformity with the federal rules covering the same matter, pursuant to the grant of power made in this section. 1939 Op. Att'y Gen. No. 39-3291.

Interstate flights originating in state. — Common carrier aircraft which initiate flights inside of New Mexico though extending their operations to points outside the state and returning to New Mexico are subject to regulation by the state corporation commission (now public regulation commission). 1946 Op. Att'y Gen. No. 46-4876.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 8A Am. Jur. 2d Aviation § 27.

Employer's liability for negligence of employee in piloting his own airplane in employer's business, 46 A.L.R.2d 1050.

Public regulation requiring mufflers or similar noise-preventing devices on aircraft, 49 A.L.R.2d 1202.

Public regulations as to duty of aeroplane owner or operator to furnish aircraft with navigational and flight safety devices, 50 A.L.R.2d 898.

Negligence in operation of airplane on take-off, 74 A.L.R.2d 615.

Interference with airplane pilot or controls as negligence, 75 A.L.R.2d 858.

Validity and construction of statute imposing absolute liability for injury or damage occurring on ground or water below from fall, flight or ascent of aircraft, or from fall of object therefrom, 81 A.L.R.2d 1058.

Age of minor operator of airplane as affecting his primary negligence, 97 A.L.R.2d 872.

Respondeat superior: deviation from scope of employment in flying employer's airplane, 100 A.L.R.2d 1346.

Liability for injury consequent upon spraying or dusting of crop, 37 A.L.R.3d 833.

Liability of bailee of airplane for damage thereto, 44 A.L.R.3d 862.

Airport operations or flight of aircraft as nuisance, 79 A.L.R.3d 253.

What constitutes accident under Warsaw Convention (49 USCA § 40105 note), 147 A.L.R. Fed. 535.

2A C.J.S. Aeronautics and Aerospace § 20.