Alabama Administrative Code › Title 450 - ALABAMA DEPARTMENT OF TRANSPORTATION › Chapter 450-9-2 - DEFINITIONS › Section 450-9-2-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For the purpose of the laws of this state relating to
						aeronautics, the following terms, words and phrases shall have the meanings
						herein given, unless otherwise specifically defined, unless another intention
						clearly appears, or the context otherwise requires. The singular shall include
						the plural, the plural the singular, and the masculine the feminine.
(a) Aeronautics: Any and all acts which
					relate, treat or deal with flights in the airspace including, but not limited
					to, the act or practice of the art and science of transportation by
					aircraft.
(b) Aeronautical
					Activities: The operation, construction, repair or maintenance of aircraft,
					aircraft power plants and accessories; and the design, establishment,
					construction, extension, operation, improvement repair or maintenance of
					airports, restricted landing areas, or other air navigation facilities,
					including the aerial and ground approach thereto.
(c) Aeronautics Instructor: Any individual
					engaged in giving instruction, or offering to give instruction in aeronautics,
					either in flying or ground subjects, or both, for or without hire or reward,
					without calling his facilities an "air School" or anything equivalent thereto,
					and without employing or using other instructors. It does not include any
					instructor in any public school or university of the state, or any institution
					of higher learning duly accredited and approved for carrying on collegiate
					work, while engaged in his duties as such instructor.
(d) Aircraft: Any contrivance now known, or
					hereafter invented, used or designed for navigation of or flight in the
					air.
(e) Aircraft, Civil: Any
					aircraft other than a public aircraft.
(f) Aircraft, Commercial: Aircraft engaged in
					commercial aviation.
(g) Aircraft,
					Public: Any aircraft used exclusively in the service of any government or of
					any political subdivision thereof, including the government of any state,
					territory, or possession of the United States, or the District of Columbia, or
					like aircraft of any foreign nation friendly to the United States, but not
					including any government aircraft engaged in carrying persons or property for
					commercial purposes.
(h) Aircraft
					fuel: Any or all distillates, benzine, naptha, benzol, fuel oil, or other
					volatile and inflammable liquids, gases or any device or substitute thereof
					produced, compounded and used as the propellant for aircraft.
(i) Aircraft, operation of: The use of
					aircraft for the purpose of air navigation, and includes the navigation or
					piloting of aircraft. Any 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, shall be deemed to be engaged
					in the operation of aircraft within the meaning of the statutes of this
					state.
(j) Air Instruction: The
					imparting of aeronautical information by any aeronautics instructor or in or by
					any air school or flying club.
(k)
					Airman: Any person, including the one in command, and any pilot, mechanic or
					member of the crew, who engages in the navigation of aircraft while underway,
					and any person who is in charge of the inspection, overhauling or repair of
					aircraft, and any individual who serves in the capacity of aircraft dispatcher
					or air traffic control tower operator.
(l) Air Navigation: The operation or
					navigation of aircraft in the airspace over the lands and waters of the State
					of Alabama.
(m) Air Navigation
					Facility: Any facility used in, available for use in, or designed for use, the
					aid of air navigation, including airports, restricted landing areas, and any
					structures mechanisms, lights, beacons, markers, communicating systems, or
					other instrumentalities or devices, or similar or different things, 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 landing area, and any
					combination of any or all of such facilities.
(n) Air Navigation Hazard: Any overhead power
					line which interferes with radio communication between a publicly owned airport
					and an approaching or deporting aircraft, or any structure or object of natural
					growth, or use of land, which obstructs or limits the aerial approaches of an
					airport or restricted landing area, or is otherwise hazardous to its use for
					the landing or taking-off of aircraft.
(o) Air Navigation Hazard Area: Any area of
					land or water upon which an air navigation hazard might be established if not
					prevented as provided in this Act.
(p) Airport: Any area of land, water, or of
					mechanical construction except a restricted landing area, which is used, made
					available or designed for the landing and take-off of aircraft, whether or not
					facilities are provided for shelter, servicing or repair of aircraft, or for
					receiving and discharging passengers or cargo, and which meets the minimum
					requirements as to size, design, surfacing, marking, equipment and management
					as provided by the Alabama Aeronautics Commission, and all appurtenant areas
					used or suitable for airport buildings or other airport facilities, and all
					appurtenant rights of way, whether heretofore or hereafter
					established.
(q) Airport Manager:
					Any person who is properly appointed and designated by the airport owner as
					such airport manager, and who is responsible to the airport owner for the
					supervision and operation of the airport.
(r) Airport Protection Privileges: 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 operations
					thereof.
(s) Airport Purposes:
					Includes airport, restricted landing area and other air navigation facility
					purposes.
(t) Air School: Any
					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, representing, or holding himself out as giving or offering to
					give such instruction. It does not include any public school or university in
					this state, or any institution of higher learning duly accredited and approved
					for carrying on collegiate work.
(u) Airspace, Navigable: Space in the air
					over the lands and waters of the State of Alabama, above the minimum altitudes
					of flight prescribed by the laws of this state or by the rules and regulations
					of the Alabama Aeronautics Commission.
(v) Airspace Reservation: Any airspace,
					identified by an area on the surface of the earth, in which the flight of
					aircraft is prohibited or restricted.
(w) Airway, State: A route in the navigable
					air space and over and above the lands or waters of this state designated by
					the Commission as a route suitable for air navigation.
(x) Commercial Aviation: The carriage of
					aircraft of persons, or property for compensation.
(y) Commission: The Alabama Aeronautics
					Commission.
(z) Department: The
					Alabama Department of Aeronautics.
(aa) Director: Director of
					Aeronautics.
(bb) Flying Club: Any
					person other than an individual, which neither for profit nor reward, owns,
					leases or uses one or more aircraft for the purpose of instruction or pleasure,
					or both.
(cc) Governing Body: The
					Council, Board of Trustees, Board of Commissioners, Board of Supervisors, or
					other body, board, commission or other authority charged with governing any
					municipality. In municipalities in which the Board of Park Commissioners or
					other body in charge of the park system of the municipality also controls
					airports owned by the municipality. Such board or body is included in this
					definition.
(dd) Ground School,
					Ground Subjects, Ground Instructions: A school, or a course of instruction in
					aeronautical subjects, given in classroom or shop in preparation for, or in
					futherance of, piloting and navigation of aircraft or of maintenance and repair
					of aircraft and their component parts.
(ee) Municipality: Any county, city, town, or
					incorporated village in the State of Alabama.
(ff) Municipally Owned: Under the direct
					control and management of a municipality, provided that, for the purpose of
					this and the following definition, the letting by a municipality to others of
					any privilege or concession upon an airport, restricted landing area or other
					air navigation facility shall not be construed as depriving the municipality of
					any control or management over any part of such facility or the operations
					thereon.
(gg) Operating Airport:
					The managing and controlling of an airport and its appurtenances.
(hh) Operator: A person engaged in any phase
					of aeronautics rendering, or offering to render, service to the public but
					without a fixed base for operations.
(ii) Operator, Fixed Base: A fixed-base
					operator is a person engaged in any phase of aeronautics, maintaining an
					headquarters, office, or aviation business at any fixed point and rendering, or
					offering to render, one or more of the following services: Passenger carrying,
					charter services, school of instruction in flying or ground subjects and sales,
					repair, or servicing of aircraft, aircraft parts, and accessories.
(jj) Passengers: Any person riding in an
					aircraft but having no part in its operation.
(kk) Person: Any individual, association,
					co-partnership, firm, company, corporation, or other association of
					individuals, or body politic and includes any trustees, receiver, assignee, or
					other similar representative thereof.
(ll) Pilots: This term includes aviatior,
					aeronaut, pilot, ballonist and every other person having any part in the
					navigation of aircraft while in flight.
(mm) Political Subdivision: Any municipality
					of this state, and any other political subdivision, public corporation,
					authority, or district in this state which is or may be authorized by law to
					acquire, establish, construct, maintain, improve, and operate airports,
					restricted landing areas and other air navigation facilities.
(nn) Publicly Owned: An airport, restricted
					landing area or other air navigation facility or appurtenance, owned by a
					governmental body political subdivision, public agency, or other public
					corporation.
(oo) Restricted
					Landing Area: Any area of land or water used for the landing or taking-off of
					aircraft, including but not limited to airports, the use and operation of
					which, in the interest of public health and safety, is restricted by the rules
					and regulations of, or upon the order of, the Alabama Aeronautics
					Commission.
(pp) Rules and
					Regulations: Any or all rules and regulations issued under this Act by the
					Alabama Aeronautics Commission, of which may hereafter be issued under any
					amendments thereto.
(qq) State: The
					State of Alabama.
(rr) Structure:
					Any object constructed by man, including without limitation, buildings, towers,
					smokestacks, overhead transmission lines, or any similar thing.
Author
:
Statutory Authority
:
Code of Ala.
						1975
, §§
									4-2-1,
et
						seq
History
: Filed October 1, 1982.