330.40

Aircraft fuel tanks.

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330.40 Aircraft fuel tanks.—In the interests of the public welfare, it is unlawful for any person, firm, corporation, or association to install, maintain, or possess any aircraft which has been equipped with, or had installed in its wings or fuselage, fuel tanks, bladders, drums, or other containers which will hold fuel if such fuel tanks, bladders, drums, or other containers do not conform to federal aviation regulations or have not been approved by the Federal Aviation Administration by inspection or special permit. This provision also includes any pipes, hoses, or auxiliary pumps which when present in the aircraft could be used to introduce fuel into the primary fuel system of the aircraft from such tanks, bladders, drums, or containers. Any person who violates any provision of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 4, ch. 83-272; s. 15, ch. 85-81; s. 22, ch. 87-243; s. 1, ch. 93-258.

Notes of Decisions

Cited in 3 cases, 1988–1992 · leading case: In re Forfeiture of 1969 Piper Navajo

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In re Forfeiture of 1969 Piper Navajo (1992) fla · cites it 20× “§ 330.40, Fla.Stat. (1983). In 1987, the legislature amended section 330.”

Cook v. State (1988) fladistctapp · cites it 13× “Defendant appeals his convictions and sentence for having an illegal fuel system installed in the nose section of his 1977 Piper Navajo airplane in violation of section 330.40, Florida Statutes (1985), and tampering with evidence in violation of section 918.”

In re Forfeiture of 1969 Piper Navajo, Model PA-31-310, S/N-31-395 U.S. Registration N-1717G (1990) fladistctapp · cites it 5× “The Sheriff of Broward County appeals an order of the trial court declaring the forfeiture provision contained in section 330.40, Florida Statutes (1987) to be unconstitutional.”

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