2001 Minnesota Statutes

     360.013 Definitions. 

    Subdivision 1.    Scope.  For the purposes of laws of 
 this state relating to aeronautics, the following words, terms, 
 and phrases shall have the meanings herein given unless 
 otherwise specifically defined, or unless another intention 
 clearly appears, or the context otherwise requires. 

    Subd. 2.    Aeronautics.  "Aeronautics" means 
 transportation by aircraft; the operation, construction, repair, 
 or maintenance of aircraft, aircraft power plants and 
 accessories; the design, establishment, construction, extension, 
 operation, improvement, repair, or maintenance of airports, 
 restricted landing areas, or other air navigation facilities, 
 and air instruction. 

    Subd. 3.    Aircraft.  "Aircraft" means any contrivance 
 now known or hereafter invented, used or designed for navigation 
 of or flight in the air, but excluding parachutes. 

    Subd. 4.    Public aircraft.  "Public aircraft" means an 
 aircraft used exclusively in the service of any government or of 
 any political subdivision thereof, including the government of 
 any state, territory or possession of the United States, or the 
 District of Columbia, but not including any government-owned 
 aircraft engaged in carrying persons or property for commercial 
 purposes.  "Civil aircraft" means any aircraft other than a 
 public aircraft.  

    Subd. 5.    Airport.  "Airport" means any area, of land 
 or water, except a restricted landing area, which is designed 
 for the landing and takeoff of aircraft, whether or not 
 facilities are provided for the shelter, surfacing, 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 facilities described in 
 section 116R.02, subdivision 6, and all appurtenant rights of 
 way, whether heretofore or hereafter established.  

    Subd. 6.    Restricted landing area.  "Restricted 
 landing area" means any area of land, water or both, which is 
 used or is made available for the landing and takeoff of 
 aircraft, the use of which shall, except in case of emergency, 
 be only as provided from time to time by the commissioner.  

    Subd. 7.    Commissioner; department; state; this state. 
  "Commissioner" means the commissioner of transportation of 
 the state of Minnesota; "department" means the Minnesota 
 department of transportation; and "state" or "this state" means 
 the state of Minnesota. 

    Subd. 8.    Person.  "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. 

    Subd. 9.    Air navigation.  "Air navigation" means the 
 operation or navigation of aircraft in the air space over this 
 state, or upon any airport or restricted landing area within 
 this state. 

    Subd. 10.    Operation of aircraft; operate aircraft.  
 "Operation of aircraft" or "operate aircraft" means the use of 
 aircraft for the purpose of air navigation and includes the 
 navigation or piloting of aircraft.  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 the 
 operation of aircraft within the meaning of the statutes of this 
 state. 

    Subd. 11.    Commercial operations.  "Commercial 
 operations" means any operations of an aircraft for compensation 
 or hire; or any services performed incidental to the operation 
 of any aircraft for which a fee is charged or compensation 
 received; including, but not limited to, the servicing, 
 maintaining and repairing of aircraft, the rental or charter of 
 aircraft, the operation of flight or ground schools, the 
 operation of aircraft for the application or distribution of 
 chemicals or other substances, aerial photography and surveys, 
 air shows or expositions, and the operation of aircraft for 
 fishing.  "Commercial operations" also mean brokering or selling 
 of any of the aforesaid services but do not include any 
 operations of aircraft as common carriers certificated 
 (certified) by the federal government or the services incidental 
 thereto. 

    Subd. 12.    Airman.  "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 (excepting individuals employed outside the United 
 States, any individual employed by a manufacturer of aircraft, 
 aircraft engines, propellers, or appliances to perform duties as 
 inspector or mechanic in connection therewith, and any 
 individual performing inspection or mechanical duties in 
 connection with aircraft owned or operated by that individual) 
 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.  

    Subd. 13.    Air navigation facility.  "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 of air navigation, including airports, 
 restricted landing areas, and any structures, mechanisms, 
 lights, beacons, marks, communicating systems, electronic 
 device, 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 or restricted 
 landing area, and any combination of any or all of such 
 facilities.  

    Subd. 14.    State airway.  "State airway" means a route 
 in the navigable air space over and above the lands or water of 
 this state, designated by the commissioner as a route suitable 
 for air navigation.  

    Subd. 15.    Navigable air space.  "Navigable air space" 
 means air space above the minimum altitudes of flight prescribed 
 by the laws of this state or by rules of the commissioner 
 consistent therewith.  

    Subd. 16.    Air instruction.  "Air instruction" means 
 the imparting of aeronautical information by any aeronautics 
 instructor or in or by any air school or flying club.  

    Subd. 17.    Air school.  "Air school" means any 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 
 holding out as giving or offering to give such instructions.  It 
 does not include any public school, the University of Minnesota, 
 or any institution of higher learning accredited by the North 
 Central Association of Colleges and Secondary Schools and 
 approved by it for carrying on collegiate work.  

    Subd. 18.    Flying club.  "Flying club" means any 
 person other than an individual, which, neither for profit nor 
 reward, owns, leases, or uses one or more aircraft for the 
 purpose of instruction or pleasure, or both.  

    Subd. 19.    Aeronautics instructor.  "Aeronautics 
 instructor" means any 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 such occupation, without calling facilities an "air 
 school," or anything equivalent thereto, and without employing 
 or using other instructors.  It does not include any instructor 
 in any public school of this state, the University of Minnesota, 
 or in any institution of higher learning accredited by the North 
 Central Association of Colleges and Secondary Schools and 
 approved for carrying on collegiate work, while engaged in 
 duties as such instructor. 

    Subd. 20.    Municipality.  "Municipality" means a city 
 of any class, including a city organized under a charter framed 
 pursuant to the Constitution of the state of Minnesota, article 
 4, section 36, article XI, section 4, or article XII, section 5, 
 a county, a town, or a statutory city in this state, the regents 
 of the University of Minnesota, and any other political 
 subdivision, public corporation, authority, or district in this 
 state which is or may be authorized by law to acquire, 
 establish, construct, maintain, improve, and operate airports 
 and other air navigation facilities.  

    Subd. 21.    Governing body.  "Governing body" means the 
 council, board of trustees, board of commissioners, board of 
 supervisors, or other body, board, commission, or other 
 authority charged with governing any municipality, and in 
 municipalities in which the board of park commissioners or other 
 body in charge of the park system of the municipality controls 
 airports owned by the municipality includes such board or other 
 body.  

    Subd. 22.    Airport hazard.  "Airport hazard" means any 
 structure, object of natural growth, or use of land, which 
 obstructs the air space required for the flight of aircraft in 
 landing or taking off at any airport or restricted landing area 
 or is otherwise hazardous to such landing or taking off.  

    Subd. 23.    Publicly owned.  An airport, restricted 
 landing area, or other air navigation facility is "publicly 
 owned" if owned by the state or a municipality.  

    Subd. 24.    Airport protection privileges.  "Airport 
 protection privileges" means easements through or other interest 
 in air space over land or water, interest 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 insure safe approaches to the landing 
 areas of airports and restricted landing areas and the safe and 
 efficient operation thereof.  

    Subd. 25.    Structure.  "Structure" means any object 
 constructed or installed, including, but without limitation, 
 buildings, towers, smokestacks, and overhead transmission lines. 

    Subd. 26.    Tree.  "Tree" means any object of natural 
 growth.  

    Subd. 27.    Administrative agency.  "Administrative 
 agency" means either a governing body of a municipality or an 
 administrative agency under its jurisdiction to which any powers 
 have been delegated by such governing body.  

    Subd. 28.    Airport hazard area.  "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 
 chapter.  

    Subd. 29.    Public utility class.  When used in this 
 chapter with reference to an airport, the term "public utility 
 class" means available to the general public for private flying 
 or otherwise as a point of arrival or departure by air.  

    Subd. 30.    Airport purposes.  "Airport purposes" means 
 and includes airport, restricted landing area, and other air 
 navigation facility purposes. 

    HIST: 1943 c 653 s 1; 1945 c 303 s 1; 1947 c 363 s 1; 1953 c 
 738 s 1,2; 1973 c 123 art 5 s 7; 1974 c 193 s 1-3; 1976 c 166 s 
 7; 1980 c 488 s 1-3; 1985 c 248 s 70; 1986 c 444; 1991 c 350 art 
 1 s 20; 1997 c 7 art 4 s 1