Ala. Admin. Code r. 450-9-2-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 450-9-2-.01 - Definitions

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.

Ala. Admin. Code r. 450-9-2-.01