TITLE 21

AERONAUTICS

CHAPTER 1

AERONAUTICS ADMINISTRATION

21-101.  Definitions. As used in this chapter, unless the context otherwise requires:

(a)  "Aeronautics" means the science and art of flight and including, but not limited to, 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 or other air navigation facilities; and instruction in flying or ground subjects pertaining thereto.

(b)  "Aircraft" means any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air for the carriage of pilots or passengers. For the purposes of this chapter, the term "aircraft" does not include parachutes or paragliders constructed primarily of fabric.

(c)  "Airport" means any area of land or water which is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. The term "airport" shall include such other common terms as aviation field, airfield, intermediate landing field, landing field, landing area, airstrip and landing strip. For the purposes of this chapter, the term "airport" refers to a publicly owned and managed facility that is open for public use without operational restrictions on its use.

(d)  "Department" means the Idaho transportation department.

(e)  "Director" means the director of the Idaho transportation department.

(f)  "State" or "this state" means the state of Idaho.

(g)  "Air navigation facility" means any facility, other than one owned or operated by the United States, used in, available for use in, or designed for use in, aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe takeoff, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.

(h)  "Operation of aircraft" or "operate aircraft" means the navigation or piloting of aircraft in the airspace over this state or upon any airport within this state.

(i)  "Airman" means any 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, and any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, propellers, or appliances, and any individual who serves in the capacity of aircraft dispatcher, or air traffic control tower operator; but does not include any individual employed outside the United States, or any individual employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances, to perform duties as inspector or mechanic in connection therewith, or any individual performing inspection or mechanical duties in connection with aircraft owned or operated by him.

(j)  "Aeronautics instructor" means any individual who for hire or reward engages in giving instruction or offering to give instruction in flying or ground subjects pertaining to aeronautics; but excludes any instructor in a public school, university, or institution of higher learning duly accredited and approved for carrying on collegiate work, who instructs in flying or ground subjects pertaining to aeronautics, only in the performance of his duties at such school, university or institution.

(k)  "Air school" means:

(1) Any aeronautics instructor who advertises, represents or holds out as giving or offering to give instruction in flying or ground subjects pertaining to aeronautics; and

(2) Any person who advertises, represents or holds out as giving or offering to give instruction in flying or ground subjects pertaining to aeronautics whether for or without hire or reward;

but excludes any public school, or university, or institution of higher learning duly accredited and approved for carrying on collegiate work.

(l)  "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.

(m)  "Municipality" means any county, city, district or other political subdivision or public corporation of this state. "Municipal" means pertaining to a municipality as herein defined.

(n)  "Aviation hazard" means any new or existing structure, object of natural growth, use of land, or modification thereto, that endangers the lives and property of users of an airport, or of occupants of land in its vicinity, and that reduces the size of the area available for landing, taking off and maneuvering of aircraft, or extends up into the airspace between airports to cause disastrous and needless loss of life and property.

(o)  "State airway" means a route in the navigable airspace over and above the lands or waters of this state designated by the board as a route suitable for air navigation.

(p)  "Board" means the Idaho transportation board.

(q)  "Public transportation" means rail, mass transit and any other public transportation activities in which the state may become involved.

History:

[21-101, added 1947, ch. 153, sec. 1, p. 378; am. 1974, ch. 12, sec. 95, p. 61; am. 2005, ch. 174, sec. 1, p. 537; am. 2013, ch. 107, sec. 1, p. 251.]