16-12-122
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16-12-122.
As
used in this part, the term:
(1)
'Aircraft' means any machine, whether heavier or lighter than air, used or
designed for navigation of or flight in the air.
(2)
'Avoid a security measure' means to take any action that is intended to result
in any person, baggage, container, or item of any type being allowed into a
secure area without being subjected to security measures or the assembly of
items into an object or substance that is prohibited under the laws of this
state or of the United States or any of their agencies, political subdivisions,
or authorities after such items have passed through a security measure into a
secure area.
(3)
'Bus' means any passenger bus or coach or other motor vehicle having a seating
capacity of not less than 15 passengers operated by a transportation company for
the purpose of carrying passengers or freight for hire.
(4)
'Charter' means a group of persons, pursuant to a common purpose and under a
single contract and at a fixed charge for the vehicle in accordance with a
transportation company´s tariff, who have acquired the exclusive use of an
aircraft, bus, or rail vehicle to travel together as a group to a specified
destination.
(5)
'Interfere with a security measure' means to take any action that is intended to
defeat, disable, or prevent the full operation of equipment or procedures
designed or intended to detect any object or substance, including, but not
limited to, disabling of any device so that it cannot fully function, creation
of any diversion intended to defeat a security measure, or packaging of any item
or substance so as to avoid detection by a security measure.
(6)
'Passenger' means any person served by the transportation company; and, in
addition to the ordinary meaning of passenger, the term shall include any person
accompanying or meeting another person who is transported by such company, any
person shipping or receiving freight, and any person purchasing a ticket or
receiving a pass.
(7)
'Rail vehicle' means any railroad or rail transit car, carriage, coach, or other
vehicle, whether self-propelled or not and designed to be operated upon a rail
or rails or other fixed right of way by a transportation company for the purpose
of carrying passengers or freight or both for hire.
(8)
'Secure area' means any enclosed or unenclosed area within a terminal whereby
access is restricted in any manner or the possession of items subject to
security measures is prohibited. Access to a secure area may be restricted to
persons specifically authorized by law, regulation, or policy of the governing
authority or transportation company operating said terminal, and such access
into a secure area may be conditioned on passing through security measures, and
possession of items may be restricted to designated persons who are acting in
the course of their official duties.
(9)
'Security measure' means any process or procedure by which employees, agents,
passengers, persons accompanying passengers, containers, baggage, freight, or
possessions of passengers or persons accompanying passengers are screened,
inspected, or examined by any means for the purpose of ensuring the safety and
welfare of aircraft, bus, or rail vehicles and the employees, agents,
passengers, and freight of any transportation company. The security measures
may be operated by or under the authority of any governmental entity,
transportation company, or any entity contracting therewith.
(10)
'Terminal' means an aircraft, bus, or rail vehicle station, depot, any such
transportation facility, or infrastructure relating thereto operated by a
transportation company or governmental entity or authority. This term includes
a reasonable area immediately adjacent to any designated stop along the route
traveled by any coach or rail vehicle operated by a transportation company or
governmental entity operating aircraft, bus, or rail vehicle transportation
facility and parking lots or parking areas adjacent to a terminal.
(11)
'Transportation company' or 'company' means any person, group of persons, or
corporation providing for-hire transportation to passengers or freight by
aircraft, by bus upon the highways in this state, by rail vehicle upon any
public or private right of way in this state, or by all, including passengers
and freight in interstate or intrastate travel. This term shall also include
transportation facilities owned or operated by local public bodies; by
municipalities; and by public corporations, authorities, boards, and commissions
established under the laws of this state, any of the several states, the United
States, or any foreign nation.