State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_63 > GS_63-1

Chapter63.

Aeronautics.

Article 1.

Municipal Airports.

§ 63‑1.  Definitions;singular and plural.

(a)        Definitions. – Forthe purpose of this Chapter the following words, terms, and phrases shall havethe meanings herein given, unless otherwise specifically defined, or unlessanother intention clearly appears, or the context otherwise requires:

(1)        "Aeronautics"means transportation by aircraft; the operation, construction, repair, ormaintenance of aircraft, aircraft power plants and accessories, including therepair, packing, and maintenance of parachutes; the design, establishment,construction, extension, operation, improvement, repair, or maintenance ofairports, restricted landing areas, or other air navigation facilities, and airinstruction.

(2)        "Aeronauticsinstructor" means any individual engaged in giving instruction or offeringto give instruction in aeronautics, either in flying or ground subjects, orboth, for hire or reward, without advertising such occupation, without callinghis facilities an "air school" or anything equivalent thereto, andwithout employing or using other instructors. It does not include anyinstructor in any public school or university of this State, or any institutionof higher learning duly accredited and approved for carrying on collegiatework, while engaged in his duties as such instructor.

(3)        "Aircraft"means any contrivance now known, or hereafter invented, used or designed fornavigation of or flight in the air.

(4)        "Airinstruction" means the imparting of aeronautical information by anyaeronautics instructor or in or by any air school or flying club.

(5)        "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 underwayand (excepting individuals employed outside the United States, any individualemployed by a manufacturer of aircraft, aircraft engines, propellers, orappliances to perform duties as inspector or mechanic in connection therewith,and any individual performing inspection or mechanical duties in connectionwith aircraft owned or operated by him) any individual who is directly incharge of the inspection, maintenance, overhauling, or repair of aircraftengines, propellers, or appliances; and any individual who serves in thecapacity of aircraft dispatcher or air traffic control tower operator.

(6)        "Airnavigation" means the operation or navigation of aircraft in the air spaceover this State, or upon any airport or restricted landing area within thisState.

(7)        "Air navigationfacility" means any facility other than one owned or controlled by thefederal government, used in, available for use in, or designed for use in aidof air navigation, including airports, restricted landing areas, and anystructures, mechanisms, lights, beacons, marks, communicating systems, or otherinstrumentalities or devices used or useful as an aid, or constituting anadvantage or convenience to the safe taking off, navigation, and landing ofaircraft, or the safe and efficient operation or maintenance of an airport orrestricted landing area, and any combination of any or all of such facilities.

(8)        "Airport"means any area of land or water, except a restricted landing area, which isdesigned for the landing and take off of aircraft, whether or not facilitiesare provided for the shelter, servicing, or repair of aircraft, or forreceiving or discharging passengers or cargo, and all  appurtenant areas usedor suitable for airport buildings or other airport facilities, and allappurtenant rights‑of‑way,  whether heretofore or hereafterestablished.

(9)        "Airporthazard" means any structure, object of natural growth, or use of land,which obstructs the air space required for the flight of aircraft in landing ortaking off at any airport or restricted landing area or is otherwise hazardousto such landing or taking off.

(10)      "Airportprotection privileges" means easements through, or other interests in, airspace over land or water, interests in airport hazards outside the boundariesof airports or restricted landing areas, and other protection privileges, theacquisition or control of which is necessary to insure safe approaches to thelanding areas of airports and restricted landing areas and the safe andefficient operation thereof.

(11)      "Air school"means any person engaged in giving or offering to give instruction inaeronautics, either in flying or ground subjects, or both, for or without hireor reward, and advertising, representing, or holding himself out as giving oroffering to give such instruction. It does not include any public school oruniversity of this State, or any institution of higher learning duly accreditedand approved for carrying on collegiate work.

(12)      "Civilaircraft" means any aircraft other than a public aircraft.

(13)      "Flyingclub" means any person other than an individual which, neither for profitnor reward, owns, leases, or uses one or more aircraft for the purpose ofinstruction or pleasure, or both.

(14)      "Municipality"means any county, city, or town of this State, and any other politicalsubdivision, public corporation, authority, or district in this State, which isor may be authorized by law to acquire, establish, construct, maintain,improve, and operate airports and other air navigation facilities.

(15)      "Navigable airspace" means air space above the minimum altitudes of flight prescribed bythe laws of this State, or by regulations of the Commission consistenttherewith.

(16)      "Operation ofaircraft" or "operation aircraft" means the use of aircraft forthe purpose of air navigation and includes the navigation or piloting ofaircraft. 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 theoperation of aircraft within the  meaning of the statutes of this State.

(17)      "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.

(18)      "Publicaircraft" means an aircraft used exclusively in the  service of anygovernment or of any political subdivision thereof, including the government ofany state, territory, or possession of the United States, or the District ofColumbia, but not including any government owned aircraft engaged in carryingpersons or property for commercial purposes.

(19)      "Restrictedarea" means any area of land, water, or both, which is used or is madeavailable for the landing and take off of aircraft, the use of which shall,except in case of emergency, be only as provided from time to time by theCommission.

(20)      "State" or"this State" means the State of North Carolina.

(21)      "Stateairway" means a route in the navigable air space over and above the landsor water of this State designated by the Commission as a route suitable for airnavigation.

(b)        Singular andPlural. – The singular shall include the plural, and the plural the singular. (1945,c. 490, s. 1; 1949, c. 865, s. 3; 1971, c. 936, s. 2.)