§ 202. Definitions

As used in this part of this title, unless the context otherwise requires:

(1) “Aeronautics” means the science, art, and practice of flight, including transportation by aircraft and matters relating to air commerce; the operation, construction, repair, or maintenance of aircraft, aircraft power plants, and aircraft accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports, restricted landing areas, or other air navigation facilities; and air instruction.

(2) “Aeronautics instructor” means an individual engaged in giving instruction, or offering to give instruction, in aeronautics, either in flying or ground subjects, or both, for hire or reward, without advertising his or her occupation; without calling his or her facilities an “air school” or anything equivalent; and without employing or using other instructors. But it does not include an instructor in a public school or university of this State, or an institution of higher learning accredited and approved for carrying on collegiate work, while engaged in his or her duties as instructor.

(3) “Aircraft common carrier” means any person that holds itself out to the general public, whether directly or indirectly or by a lease or any other arrangement, to engage in scheduled air commerce over regular route or routes.

(4) “Carrier by aircraft” means any person who undertakes, whether directly or indirectly or by lease or any other arrangement, to engage in intrastate air transportation which at any time or in any manner is not subject to the rules of the U.S. Department of Transportation or other federal agency having jurisdiction.

(5) “Air commerce” means the transportation by aircraft of persons or property or any class or classes, including express for compensation or hire, or flights that are certified wholly within the State of Vermont and that are made in serving as a local feeder route or are made by a carrier that does not operate a connecting air route to or from a point outside the State, or to provide excursion or sight-seeing trips.

(6) “Aircraft” means a contrivance used or designed for navigation of or flight in the air and specifically includes ultralight aircraft.

(7) “Air instruction” means the imparting of aeronautical information by an aeronautics instructor or by an air school or flying club.

(8)(A) “Airman” means an individual:

(i) in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when underway;

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

(iii) who serves in the capacity of aircraft dispatcher or air-traffic control-tower operator.

(B) “Airman” does not include an individual:

(i) employed outside the United States;

(ii) employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances to perform duties as inspector or mechanic in connection with aircraft, aircraft engines, propellers, or appliances; or

(iii) performing inspection or mechanical duties in connection with aircraft owned or operated by the individual.

(9) “Air navigation” means the operation of aircraft in the air space over this State, or upon any airport or restricted landing area within this State.

(10) “Air navigation facility” means any facility other than one owned or controlled by the federal government, used in, available for use in, or designed for use in, aid or convenience of air navigation, including airports and restricted landing areas.

(11) “Airport” means any area of land or water set aside by the Agency, any political subdivision, or person, except a restricted landing area, that is designed for the landing and take-off of aircraft, and used or to be used in the interest of the general public whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, including all appurtenant rights-of-way.

(12) “Airport hazard” means a structure, object of natural growth, or use of land that obstructs the air space required for the flight of aircraft in landing or taking off at an airport or restricted landing area or is otherwise hazardous to landing or taking off.

(13) “Airport hazard area” means any area of land or water upon which an airport hazard might be established if not prevented as provided in this part.

(14) “Airport protection privileges” means an interest in air space over land or water, or 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 operation of airports and restricted landing areas.

(15) “Air school” means a 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 the holding out as giving or offering to give this instruction. But, it does not include a public school or university of this State or an institution of higher learning duly accredited and approved for carrying on collegiate work.

(16) “Civil aircraft” means aircraft other than public aircraft.

(17) “Flying club” means a person, other than an individual, that neither for profit nor reward owns, leases, or uses one or more aircraft for the purpose of instruction or pleasure, or both.

(18) “Local feeder route” means an air route branching laterally from an intermediate point along an interstate route, which branch route is confined to points within the State of Vermont.

(19) “Municipality” means a county, city, village, or town of this State and any other political subdivision, public corporation, authority, or district in this State that is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate airports and other air navigation facilities.

(20) [Repealed.]

(21) “Operation of aircraft” or “operate aircraft” means the use of aircraft for air navigation and includes the navigation or piloting of aircraft. A person who causes or authorizes the operation of aircraft, with or without the right of legal control, shall be deemed to be engaged in the operation of aircraft within the meaning of the statutory law of this State.

(22) “Overcharges” means charges for transportation service in excess of those applicable under the tariff lawfully on file with the Board.

(23) “Public aircraft” means aircraft used exclusively in the service of any government, or any political subdivision, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes.

(24) “Restricted landing area” means an area of land or water, or both, that is used or is made available for the landing and take-off of aircraft, the use of which, except in case of emergency, shall be only as provided from time to time by the Board.

(25) [Repealed.]

(26) “Structure” means any object constructed or installed by man, including buildings, towers, smokestacks, and overhead transmission lines. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 1997, No. 150 (Adj. Sess.), §§ 1, 4; 1999, No. 18, § 16, eff. May 13, 1999; 2017, No. 113 (Adj. Sess.), § 5; 2017, No. 132 (Adj. Sess.), § 2; 2023, No. 6, § 13, eff. July 1, 2023.)