42-2-101 - Chapter definitions. - Tennessee Statutes

42-2-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

     (1)  “Aeronautics” means:

          (A)  The science and art of flight, including, but not limited to, transportation by aircraft;

          (B)  The operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the use, repair, packing, and maintenance of parachutes;

          (C)  The design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports or other air navigation facilities; and

          (D)  Instruction in flying or ground subjects pertaining thereto;

     (2)  “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. “Aeronautics instructor” 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 that person's duties at the school, university or institution;

     (3)  “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 taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of these facilities;

     (4)  “Air school” means:

          (A)  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

          (B)  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. “Air school” excludes any public school or university, or institution of higher learning duly accredited and approved for carrying on collegiate work;

     (5)  “Aircraft” means any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air;

     (6)  “Airman” means:

          (A)  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;

          (B)  Any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, propellers, or appliances; and

          (C)  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 that individual;

     (7)  “Airport” means any area of land or water that is used, or intended for use, for the landing and taking off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or avigation easements or rights-of-way, together with all airport buildings and facilities located on such areas, easements or rights-of-way;

     (8)  “Airport hazard” means any structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or that is otherwise hazardous to such landing or taking off;

     (9)  “Approach surface” means the imaginary sloping plane beginning at the end of a runway or landing strip and rising uniformly over the approach area at the required slope;

     (10)  “Avigation easement” means any easement that includes all or any part of the following:

          (A)  The right to unobstructed and unrestricted flight of aircraft, in, through and across the airspace over and above certain described land, at the altitude or height above the surface of the land as determined by the department of transportation;

          (B)  The right to enter upon certain described land for the purpose of removing and preventing any use of the land or the construction or erection of any buildings, structures or facilities and the growth of any trees or objects upon the real estate, over, above and across certain described land, other than those uses, buildings, structures, facilities, growths of trees or objects expressly excepted; and

          (C)  The right to prevent the use of the land by any assembly of persons or the use of the land in such a manner as might attract or bring together an assembly of persons on the land;

     (11)  “Commissioner” means the commissioner of transportation;

     (12)  “Department” means the department of transportation;

     (13)  “Disburse” or “expend” means disburse or expend through the state treasurer in the manner required by law for the disbursement and expending of public moneys, except that no special legislative appropriation shall be required;

     (14)  “General aviation industry” means all aviation in this state with the exception of the airlines and the military;

     (15)  “Landing strip” means that part of the area within an airport boundary that either in its natural state or as a result of construction work is suitable for the landing and take off of aircraft;

     (16)  “Municipal” means pertaining to a municipality as defined in this section;

     (17)  “Municipality” means any county, incorporated city, incorporated town, authority, district or other political subdivision or public corporation of this state;

     (18)  “Operation of aircraft” or “operate aircraft” means the use, navigation or piloting of aircraft in the airspace over this state or upon any airport within this state;

     (19)  “Parachute” includes any device used for the aerial descent of airmen or passengers from aircraft while such aircraft is in flight;

     (20)  “Parachute jump” means exit from, departure from or bailing out of an aircraft in flight by airmen or passengers;

     (21)  “Permit” means a permit issued by the department under this chapter;

     (22)  “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 of such a person;

     (23)  “Public use airport” means any area of land or water, or both, designed and set aside for the taking off and landing of aircraft and utilized or to be utilized in the interest of the public for those purposes;

     (24)  “Regularly scheduled aeronautics” means those flight activities conducted in accordance with a published schedule such as the “Official Airline Guide,” or those flight activities routinely flown on certain days of the week or month; provided, that any activities flown less than an average of three (3) times per week are excepted from this definition;

     (25)  “Runway” means the paved, hard surfaced, or stabilized portion of a landing strip;

     (26)  “State” or “this state” means the state of Tennessee;

     (27)  “State airway” means a route in the navigable airspace over and above the lands or waters of this state, designated by the department as a route suitable for air navigation;

     (28)  “Structure” means any object constructed or installed by humans, including, but not limited to, buildings, towers, smokestacks, electronic transmission or receiving towers and antennae, and overhead transmission lines;

     (29)  “Transitional surface” means an imaginary sloping plane having a profile perpendicular to the extended runway or landing strip longitudinal centerlines, beginning at the outside edge of the approach surface and rising uniformly at the required slope; and

     (30)  “Urban areas” means the five (5) most populous regions of the state that lie within twenty-five (25) miles of an airport.

[Acts 1957, ch. 374, § 1; 1969, ch. 82, § 1; 1977, ch. 137, § 1; T.C.A., § 42-202; Acts 1980, ch. 631, § 1; 1981, ch. 264, § 17.]