                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2030) DEFINITIONS (§ 5.1-1)

When used in this title, unless expressly stated otherwise:
		&#8220;Aircraft&#8221; means any contrivance now known, or hereafter invented,
used, or designed for navigation of or flight in the air, including a balloon or
other contrivance designed for maneuvering in airspace at an altitude greater
than 24 inches above ground or water level, except that any contrivance now or
hereafter invented of fixed or flexible wing design, operating without the
assistance of any motor, engine, or other mechanical propulsive device, which is
designed to utilize the feet and legs of the operator or operators as the sole
means of initiating and sustaining forward motion during the launch and of
providing the point of contact with the ground upon landing and commonly called
a &#8220;hang glider&#8221; shall not be included within this definition.
		&#8220;Aircraft based in this Commonwealth&#8221; means an aircraft that is
either (i) domiciled in a county, city, or town in the Commonwealth or (ii)
parked in a county, city, or town in the Commonwealth when not in flight for the
period of time specified in § 5.1-5.
		&#8220;Airman&#8221; means any individual, including the person in command and
any pilot, mechanic, or member of the crew, who engages in the navigation of
aircraft while under way within Virginia airspace; any individual who is
directly in charge of the inspection, maintenance, overhauling, or repair of
aircraft, aircraft engines, propellers, or accessories; and any individual who
serves in the capacity of aircraft dispatcher.
		&#8220;Air navigation facility&#8221; means any airport ground or air
navigation facility, other than one owned and operated by the United States,
used in, available for use in, or designed for use in aid of air navigation,
including any structures, buildings, mechanisms, lights, beacons, markers,
communicating systems, or other instrumentalities or devices, and any
combination of any or all of such facilities, used or useful as an aid, or
constituting any advantage or convenience, to the safe taking off, navigation,
and landing of aircraft; in the safe and efficient operation or maintenance of
an airport; in the safe, efficient and convenient handling or processing of
aviation passengers, mail or cargo; or in the servicing or maintenance of
aircraft or ground equipment.
		&#8220;Airport&#8221; means any area of land or water which is used, or
intended for public use, for the landing and takeoff of aircraft, and any
appurtenant areas that are used, or intended for use, for airport buildings or
other airport facilities or rights-of-way, easements and together with all
airport buildings and facilities located thereon.
		&#8220;Airport hazard&#8221; means any structure, object or 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 is otherwise hazardous to such landing or
taking off of aircraft.
		&#8220;Airspace&#8221; means all that space above the land and waters within
the boundary of the Commonwealth.
		&#8220;Board&#8221; means the Virginia Aviation Board.
		&#8220;Civil aircraft&#8221; means any aircraft other than a public aircraft.
		&#8220;Commercial aircraft&#8221; means any civil aircraft used in flight
activity for compensation or for hire.
		&#8220;Contract carrier by aircraft&#8221; or &#8220;contract carrier&#8221;
means any person not included under the definitions of &#8220;common carrier by
aircraft&#8221; or &#8220;restricted common carrier by aircraft&#8221; as
defined in § 5.1-89 who, under special and individual contracts or agreements,
and whether directly or by a lease or any other arrangement, transports
passengers or property by aircraft for compensation and in the transportation of
passengers does not charge individual fares.
		&#8220;Department&#8221; means the Department of Aviation.
		&#8220;Drop zone&#8221; means any locality whether over land or water that is
used, or intended for use, for the landing and recovery of sky divers or
parachutists using a parachute or other contrivance designed for sport jumping.
		&#8220;Landing area&#8221; or &#8220;landing field&#8221; means any locality,
whether over land or water, including airports and intermediate landing fields,
which is used or intended to be used for the landing and takeoff of aircraft and
open to the public for such use, whether or not facilities are provided for the
sheltering, servicing, or repair of aircraft or for receiving or discharging
passengers or cargo.
		&#8220;Person&#8221; means any individual, corporation, government, political
subdivision of the Commonwealth, or governmental subdivision or agency, business
trust, estate, trust, partnership, two or more of any of the foregoing having a
joint or common interest, or any other legal or commercial entity.
		&#8220;Public aircraft&#8221; means an aircraft used exclusively in the
service of any state, or political subdivision thereof, or the federal
government.

HISTORY: Code 1950, § 5-1; 1966, c. 576; 1970, c. 717; 1975, c. 561; 1979, c.
272; 1980, c. 721; 1988, c. 588; 2011, c. 809; 2018, cc. 357, 441.