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Registration and Licenses

Aircraft/Ultralight Registration · Aircraft/Ultralight Dealers · Aerial Applicators · Excise Tax Due

Procedures For Becoming An Aerial Applicator In North Dakota

Photo 019 Every person, partnership, company, corporation, association, or organization desiring to become engaged in, and every person engaged in the activity of business of aerial spraying, dusting, fertilizing, or insect control of crops or areas by aircraft or helicopter shall make application for and obtain an aerial applicator's license from the North Dakota Aeronautics Commission. All aircraft or helicopters operated in aerial spraying, dusting, fertilizing and insecticiding requiring a North Dakota aerial applicators license shall be registered with the North Dakota Aeronautics Commission prior to actual use of the aircraft in this state and prior to the issuance of an aerial applicator's license. Annual registration fees shall be in accordance with the schedule set format in the North Dakota Century Code Sections 2-05-11 and 2-05-18 and shall be paid in full in advance. The fee for each spray license is $150.00 per business. The application shall be filed on forms furnished by the commission and shall set forth the following information:

Meet the qualifications for an aerial applicator as set forth in the Rules and Regulations of the N.D. Aeronautics Commission relating to aerial spraying, fertilizing and insect control by aircraft or helicopter.

Must be registered as a Certified Agricultural Chemical Applicator before application can be made for a state applicator certification. (Examination may be taken at your county Agent's office, NDSU Extension Service (701-231-6274).

Non-resident aerial applicators from neighboring states may use their chemical certification from their state as a reciprocating agreement (check with NDSU Extension Service (701-231-6274).

To receive a North Dakota certification, non-residents must obtain a form from the North Dakota Secretary of State (701-328-2900) designating the Secretary as your resident agent.

Must have an FAA Part 137 "Agricultural Aircraft Operator Certificate", that can be obtained from FAA FSDO, (701-232-8949). Non-residents must attach a copy of their Part 137 to state spray application. New applicators need an affidavit of experience and hours in aircraft requested on the license.

An application must be completed for aerial applicators listing aircraft and pilots. All aircraft must be registered with the state. All pilots must have a current FAA Airman Certificate.

All aerial applicators hiring any personnel must take out ND Worker's Compensation on all employees, including pilots, flagmen and ground crews. All operators must have a policy number of their Workmen's Compensation denoted on the spray application before a license will be issued. The phone number for Workmen's Compensation is (701-328-3800).

Applicators must maintain an aerial spraying record report for each application. Report is due December 1st, submit to the Aeronautics Commission a summary report of the acres aerial sprayed by category. Non-resident spraying reports shall be mailed to our office before the operator leaves the State of North Dakota.

Chief Pilots located within the state of North Dakota require: It is the responsibility of the chief pilot to determine the amount of supervision a pilot requires. The chief pilot must be familiar with the area in which the supervised pilot or pilots are flying and be able to contact each pilot daily as needed. Pilots with less than 2 years experience and less than 250 hours of actual aerial application must be under the direct, personal supervision of a chief pilot and must be flying out of the same airport as the airport in which the chief pilot is operating. The chief pilot of every aerial spraying, dusting and fertilizing operation licensed by the Aeronautics Commission must be located within North Dakota during the time of actual aerial spraying, dusting, fertilizing or insecticiding operations and the chief pilot shall be responsible for the actions of all pilots under the chief pilot's supervision.

License reciprocity between state - nonresidents: License reciprocity may be granted to nonresidents who meet the aeronautical experience requirements for the operational level sought, except chemical knowledge certification of nonresident aerial applicators must be obtained in North Dakota in accordance with current pesticide regulations.

Airworthiness certificate required: Every airplane or helicopter licensed for aerial spraying, dusting, or fertilizing operations in North Dakota shall have a current and valid federal aviation administration airworthiness certificate.

Chemical Applicator Financial Responsibility: Proof of financial responsibility. A commercial pesticide applicator certificate may not be used or renewed unless the applicant furnished proof of financial responsibility. Minimum financial responsibility must be demonstrated annually in the amount of one hundred thousand dollars, and may be demonstrated by a notarized letter from an officer for a financial institution or from a certified public accountant attesting to the existence of net assets equal to at least one hundred thousand dollars, a performance bond, or a general liability insurance policy. The performance bond or insurance policy must contain a provision requiring the termination, or other modification of the bond or insurance policy. The commissioner of agriculture must immediately request the suspension of the certification of a person who fails to maintain the minimum financial responsibility standards. If there is any recovery against the certificate holder, the holder must demonstrate continued compliance with the minimum standards. An employee of a commercial pesticide application business is not required to meet these standards separately if the business documents compliance with the minimum financial responsibility standards. An application for reinstatement of a suspended certificate under this section must be accompanied by proof of satisfaction of any judgement previously rendered. A rancher is exempt from this section if the rancher is required to obtain a commercial pesticide applicator certificate for controlling noxious weeds on the leased federal acreage as a condition of a federal grasslands lease. [ND Century Code 4-35, ND Agriculture Department, NDSU Extension Service]

Revocation of aerial spraying license: The North Dakota Aeronautics Commission or its duly appointed director reserved the right to revoke or refuse to issue an aerial applicator's license for just cause, or for violation of any rule, regulation, procedure or standard set forth after a hearing has been held, provided that on the basis of proper cause shown, the director of this Aeronautics Commission may suspend a license or refuse to issue a license until such time as a hearing has been held.

Penalty for violation of the rules and regulations: Attention is drawn to ND Century Code section 2-05-18, which relates to the licensing of aerial applicators of agricultural chemicals and provides that any person convicted of violation of any provision of that section or rules or regulation promulgated under the authority of that section shall be guilty of a class B misdemeanor.

 

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