2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 1. General Provisions › Part 1. Definitions and Policy › 67-1-101. Definitions

67-1-101. Definitions.
Unless the context requires otherwise, in this title, the following definitions apply:
(1) "Aeronautics" means transportation by aircraft; the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports, restricted landing areas, or other air navigation facilities; and air instruction.
(2) (a) "Aeronautics instructor" means an individual engaged in giving instruction or offering to give instruction in aeronautics, either in flying or ground subjects, or both, for hire or reward, without advertising that occupation, without calling the facilities an "air school" or anything equivalent to an "air school", and without employing or using other instructors.
(b) The term does not include an instructor in a public school or university of this state or an institution of higher learning accredited and approved for carrying on collegiate work while engaged in duties as an instructor.
(3) "Air carrier" means a person or corporation owning, controlling, operating, or managing aircraft as a scheduled common carrier of passengers or freight for compensation within this state.
(4) "Aircraft" means a contrivance used or designed for navigation of or flight in the air.
(5) "Aircrew" includes:
(a) an individual who engages, as the person in command or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under way;
(b) an individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, propellers, or appliances except for an individual employed outside the United States, an individual employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances to perform duties as inspector or mechanic in connection with them, and an individual performing inspection or mechanical duties in connection with aircraft owned or operated by the individual; and
(c) an individual who serves in the capacity of aircraft dispatcher or air traffic control tower operator.
(6) "Air instruction" means the imparting of aeronautical information by an aeronautics instructor or in or by an air school or flying club.
(7) "Air navigation" means the operation or navigation of aircraft in the air space over this state or upon an airport or restricted landing area within this state.
(8) "Air navigation facility" means a facility used in, available for use in, or designed for use in aid of air navigation, including airports, restricted landing areas, and structures, mechanisms, lights, beacons, marks, communicating systems, or other instrumentalities or devices used or useful as an aid or constituting an advantage or convenience to the safe taking off, navigation, and landing of aircraft or the safe and efficient operation or maintenance of an airport or restricted area and any combination of these facilities.
(9) "Airport" means an area of land or water that is intended or designed for the landing and takeoff of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities and all appurtenant rights-of-way.
(10) "Airport authority" or "authority" means a regional airport authority or municipal airport authority created under chapter 11 and the governing body of a municipality that has determined to exercise the powers of a municipal airport authority under 67-11-102.
(11) "Airport hazard" means a structure, object of natural growth, or use of land that obstructs the air space required for the flight of aircraft in landing or taking off at an airport or restricted landing area or is otherwise hazardous to landing or taking off.
(12) "Airport protection privileges" means easements through or other interests in air space over land or water, interests in airport hazards outside the boundaries of airports or restricted landing areas, and other protection privileges, the acquisition or control of which is necessary to ensure safe approaches to the landing areas of airports and restricted landing areas and the safe and efficient operation of airports or restricted landing areas.
(13) (a) "Air school" means a person engaged in giving or offering to give instruction in aeronautics, either in flying or ground subjects, or both, for or without hire or reward, and advertising or representing to the public that the person gives or offers to give that instruction.
(b) The term does not include a public school or university of this state or an institution of higher learning accredited and approved for carrying on collegiate work.
(14) "Board" means the board of aeronautics provided for in 2-15-2506.
(15) "Bonds" means bonds, notes, interim certificates, debentures, or similar obligations issued by an authority under chapter 11.
(16) "Building or structure" means any edifice, structure, or construction of any kind, character, or description and any object of natural growth erected, constructed, grown, located or proposed to be erected, constructed, grown, or located within the airport affected area designated pursuant to 67-7-201, including any edifice, structure, or construction or object within the restricted zones erected, constructed, placed, or located on or over land or water, or both.
(17) "Civil aircraft" means an aircraft other than a public aircraft.
(18) "Commercial air operator" means any person owning, controlling, operating, or managing aircraft for any commercial purpose for compensation.
(19) "Department" means the department of transportation provided for in Title 2, chapter 15, part 25.
(20) "Flying club" means a person other than an individual that, neither for profit nor reward, owns, leases, or uses one or more aircraft for the purpose of instruction or pleasure, or both.
(21) "Governing body" means, except as provided in 67-7-103, a city commission, town council, or county commission and the boards, departments, and divisions of those entities, by whatever name they are known, that have charge of finances and management of a municipality or a county.
(22) "Height of buildings and structures" means, for the purposes of Title 67, chapter 7, the vertical distance measured from the ground or surface level of the airport on the side adjacent to the building or structure to the level of the highest point of the building or structure.
(23) "Municipal airport authority" or "municipal authority" means a municipal airport authority created under 67-11-102.
(24) "Municipality" means a county, city, village, or town of this state and any other political subdivision, public corporation, authority, or district in this state authorized by law to acquire, establish, construct, maintain, improve, and operate airports and other air navigation facilities.
(25) "Navigable air space" means air space above the minimum altitudes of flight prescribed by the laws of this state or by regulations of the department.
(26) "NPIAS airport" means an airport that is included in the federal aviation administration's national plan of integrated airport systems.
(27) "Operation of aircraft" or "operate aircraft" means the use of aircraft for the purpose of air navigation and includes the navigation or piloting of aircraft. A person who causes or authorizes the operation of aircraft, whether with or without the right of legal control, in the capacity of owner, lessee, or otherwise, of the aircraft, operates the aircraft.
(28) "Person" means an individual, firm, partnership, private, municipal, or public corporation, company, association, joint-stock association, or body politic and includes a trustee, receiver, assignee, or other similar representative.
(29) "Political subdivision" has the same meaning as municipality.
(30) "Public aircraft" means an aircraft used exclusively in the service of any government or of a political subdivision of a government, including the government of a state, territory, or possession of the United States, or the District of Columbia, but not including a government-owned aircraft engaged in carrying persons or property for commercial purposes.
(31) "Real property" means lands, structures, buildings, and interests in land, including lands under water and riparian rights, and all things and rights usually included within the term real property, including not only fee simple absolute but also all lesser interests, such as easements, rights-of-way, uses, leases, licenses, and all other incorporeal hereditaments and every estate, interest, or right, legal or equitable, pertaining to real property.
(32) "Regional airport authority" or "regional authority" means a regional airport authority created under 67-11-103.
(33) "Restricted landing area" means an area of land or water, or both, that is used or is made available for the landing and takeoff of aircraft, the use of which must, except in case of emergency, be only as provided by the department.
(34) "State airway" means a route in the navigable air space over and above the lands or waters of this state, designated by the department as a route suitable for air navigation.
(35) "Structure" means any object constructed or installed by a person, including but not limited to buildings, towers, smokestacks, and overhead transmission lines.
(36) "Tree" means any object of natural growth.
(37) "YDNL" means the 365-day average, in decibels, day-night average sound level as provided in 14 CFR 150.7.
History: Ap. p. Sec. 3, Ch. 152, L. 1945; amd. Sec. 2, Ch. 348, L. 1974; amd. Sec. 2, Ch. 213, L. 1975; Sec. 1-102, R.C.M. 1947; Ap. p. Sec. 1, Ch. 122, L. 1967; amd. Sec. 18, Ch. 348, L. 1974; Sec. 1-311, R.C.M. 1947; Ap. p. Sec. 26, Ch. 348, L. 1974; Sec. 1-322.1, R.C.M. 1947; Ap. p. Sec. 6, Ch. 12, L. 1939; Sec. 1-706, R.C.M. 1947; Ap. p. Sec. 1, Ch. 287, L. 1947; amd. Sec. 38, Ch. 348, L. 1974; Sec. 1-710, R.C.M. 1947; Ap. p. Sec. 1, Ch. 433, L. 1971; amd. Sec. 42, Ch. 348, L. 1974; Sec. 1-901, R.C.M. 1947; R.C.M. 1947, 1-102, 1-311, 1-322.1(2), (3), 1-706(a) thru (d), 1-710(2) thru (4), 1-901(2) thru (7); amd. Sec. 6, Ch. 274, L. 1981; amd. Sec. 6, Ch. 512, L. 1991; amd. Sec. 1, Ch. 279, L. 1993; amd. Sec. 2, Ch. 300, L. 2005.