CHAPTER 4. UNIFORM STATE LAW FOR AERONAUTICS
IC 8-21-4
Chapter 4. Uniform State Law for Aeronautics
IC 8-21-4-1
Definitions
Sec. 1. In this chapter:
"Aircraft" includes balloon, airplane, hydroplane, and every othervehicle used for navigation through the air. A hydroplane, while atrest on water and while being operated on or immediately abovewater, shall be governed by the rules regarding water navigation.While being operated through the air otherwise than immediatelyabove water, it shall be treated as an aircraft.
"Aeronaut" includes aviator, pilot, balloonist, and every otherperson having any part in the operation of aircraft while in flight.
"Passenger" includes any person riding in an aircraft but havingno part in its operation.
(Formerly: Acts 1927, c.43, s.1.) As amended by P.L.66-1984,SEC.141.
IC 8-21-4-2
Sovereignty
Sec. 2. Sovereignty in the space above the lands and waters of thisstate is declared to rest in the state, except where granted to andassumed by the United States pursuant to a constitutional grant fromthe people of this state.
(Formerly: Acts 1927, c.43, s.2.)
IC 8-21-4-3
Ownership of air space
Sec. 3. The ownership of the space above the lands and waters ofthis state is declared to be vested in the several owners of the surfacebeneath, subject to the right of flight described in section 4 of thischapter.
(Formerly: Acts 1927, c.43, s.3.) As amended by P.L.66-1984,SEC.142.
IC 8-21-4-4
Use of air space; landing on private property
Sec. 4. Flight in aircraft over the lands and waters of this state islawful, unless at such a low altitude as to interfere with the thenexisting use to which the land or water, or the space over the land orwater, is put by the owner, or unless so conducted as to beimminently dangerous to persons or property lawfully on the land orwater beneath. The landing of an aircraft on the lands or water ofanother, without his consent, is unlawful, except in the case of aforced landing. For damages caused by a forced landing, however,the owner or lessee of the aircraft or the aeronaut shall be liable, asprovided in section 5.
(Formerly: Acts 1927, c.43, s.4.)
IC 8-21-4-5
Collisions; liability
Sec. 5. The liability of the owner of one aircraft to the owner ofanother aircraft, or to aeronauts or passengers on either aircraft, fordamages caused by collision on land, or in the air, shall bedetermined by the rules of law applicable to torts on land.
(Formerly: Acts 1927, c.43, s.6.)
IC 8-21-4-6
Offenses, torts, and other wrongs; application of law
Sec. 6. All offenses, torts, and other wrongs committed by oragainst an aeronaut or passenger while in flight over Indiana shall begoverned by Indiana laws; and the question whether damageoccasioned by or to an aircraft while in flight over Indianaconstitutes an offense, tort, or other wrong by or against the ownerof the aircraft shall be determined by Indiana laws.
(Formerly: Acts 1927, c.43, s.7.) As amended by Acts 1978, P.L.2,SEC.861.
IC 8-21-4-7
Contracts entered while in flight
Sec. 7. All contractual and other legal regulations entered into byaeronauts or passengers while in flight over this state shall have thesame effect as if entered into on the land or water beneath.
(Formerly: Acts 1927, c.43, s.8.)
IC 8-21-4-8
Operation of aircraft while under influence of liquor or drugs;health disorder; dropping objects while in flight; offenses
Sec. 8. It is a Class B misdemeanor for a person to operate anaircraft while he is under the influence of intoxicating liquor or acontrolled substance. It is a Class B misdemeanor for a person tooperate an aircraft if he has been diagnosed by a physician as havingan active case of epilepsy or similar disorders characterized by lapsesof consciousness, or if he is under the influence of any drug ormedicine for treatment of such a disorder which may bring aboutlapses of consciousness. It is a Class B misdemeanor for a person inan aircraft to drop anything from an aircraft in flight which maycreate any hazard to persons or property.
(Formerly: Acts 1927, c.43, s.9; Acts 1947, c.42, s.1; Acts 1951,c.39, s.1.) As amended by Acts 1978, P.L.2, SEC.862.
IC 8-21-4-9
Killing any birds or animals; offense
Sec. 9. A person who, while in flight in an aircraft, intentionallykills a bird or animal commits a Class B misdemeanor.
(Formerly: Acts 1927, c.43, s.10.) As amended by Acts 1978, P.L.2,SEC.863.
IC 8-21-4-10 Construction of chapter
Sec. 10. This chapter shall be so interpreted and construed as toeffectuate its general purpose to make uniform the law of those stateswhich enact it, and to harmonize, as far as possible, with federal lawsand regulations on the subject of aeronautics.
(Formerly: Acts 1927, c.43, s.11.) As amended by P.L.66-1984,SEC.143.
IC 8-21-4-11
Title
Sec. 11. This chapter may be cited as the "Uniform State Law forAeronautics".
(Formerly: Acts 1927, c.43, s.12.) As amended by P.L.66-1984,SEC.144.