2016 Indiana Code
TITLE 8. UTILITIES AND TRANSPORTATION
ARTICLE 21. AERONAUTICS
CHAPTER 4. UNIFORM STATE LAW FOR AERONAUTICS
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IC 8-21-4
Chapter 4. Uniform State Law for Aeronautics
IC 8-21-4-1
Definitions
Sec. 1. In this chapter:
"Aircraft" includes balloon, airplane, hydroplane, and every other
vehicle used for navigation through the air. A hydroplane, while at
rest on water and while being operated on or immediately above
water, shall be governed by the rules regarding water navigation.
While being operated through the air otherwise than immediately
above water, it shall be treated as an aircraft.
"Aeronaut" includes aviator, pilot, balloonist, and every other
person having any part in the operation of aircraft while in flight.
"Passenger" includes any person riding in an aircraft but having
no part in its operation.
"Pilot" means the person who has final authority and
responsibility for the operation and safety of an aircraft in flight.
(Formerly: Acts 1927, c.43, s.1.) As amended by P.L.66-1984,
SEC.141; P.L.102-2015, SEC.5.
IC 8-21-4-2
Sovereignty
Sec. 2. Sovereignty in the space above the lands and waters of this
state is declared to rest in the state, except where granted to and
assumed by the United States pursuant to a constitutional grant from
the people of this state.
(Formerly: Acts 1927, c.43, s.2.)
IC 8-21-4-3
Ownership of air space
Sec. 3. The ownership of the space above the lands and waters of
this state is declared to be vested in the several owners of the surface
beneath, subject to the right of flight described in section 4 of this
chapter.
(Formerly: Acts 1927, c.43, s.3.) As amended by P.L.66-1984,
SEC.142.
IC 8-21-4-4
Use of air space; landing on private property
Sec. 4. Flight in aircraft over the lands and waters of this state is
lawful, unless at such a low altitude as to interfere with the then
existing use to which the land or water, or the space over the land or
water, is put by the owner, or unless so conducted as to be
imminently dangerous to persons or property lawfully on the land or
water beneath. The landing of an aircraft on the lands or water of
another, without his consent, is unlawful, except in the case of a
forced landing. For damages caused by a forced landing, however,
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the owner or lessee of the aircraft or the aeronaut shall be liable, as
provided in section 5.
(Formerly: Acts 1927, c.43, s.4.)
IC 8-21-4-5
Collisions; liability
Sec. 5. The liability of the owner of one aircraft to the owner of
another aircraft, or to aeronauts or passengers on either aircraft, for
damages caused by collision on land, or in the air, shall be
determined by the rules of law applicable to torts on land.
(Formerly: Acts 1927, c.43, s.6.)
IC 8-21-4-6
Liability; vicarious liability
Sec. 6. (a) All offenses, torts, and other wrongs committed by or
against an aeronaut or passenger while in flight over Indiana shall be
governed by Indiana laws; and the question whether damage
occasioned by or to an aircraft while in flight over Indiana
constitutes an offense, tort, or other wrong by or against the owner
of the aircraft shall be determined by Indiana laws.
(b) This article does not impose vicarious liability for damages on
an owner of an aircraft who is not the pilot unless:
(1) the owner engages in negligent, reckless, knowing,
intentional, or unlawful conduct that is the proximate cause of
the damages;
(2) an agency relationship exists between the owner and the
person who proximately caused the damages; or
(3) the owner's liability is based on the doctrine of respondeat
superior.
(c) This article is not intended to modify or amend Indiana law
with respect to:
(1) bailments; or
(2) bailor liability.
(Formerly: Acts 1927, c.43, s.7.) As amended by Acts 1978, P.L.2,
SEC.861; P.L.102-2015, SEC.6.
IC 8-21-4-7
Contracts entered while in flight
Sec. 7. All contractual and other legal regulations entered into by
aeronauts or passengers while in flight over this state shall have the
same effect as if entered into on the land or water beneath.
(Formerly: Acts 1927, c.43, s.8.)
IC 8-21-4-8
Operation of aircraft while under influence of liquor or drugs;
health disorder; dropping objects while in flight; offenses
Sec. 8. It is a Class B misdemeanor for a person to operate an
aircraft while he is under the influence of intoxicating liquor or a
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controlled substance. It is a Class B misdemeanor for a person to
operate an aircraft if he has been diagnosed by a physician as having
an active case of epilepsy or similar disorders characterized by lapses
of consciousness, or if he is under the influence of any drug or
medicine for treatment of such a disorder which may bring about
lapses of consciousness. It is a Class B misdemeanor for a person in
an aircraft to drop anything from an aircraft in flight which may
create any hazard to persons or property.
(Formerly: Acts 1927, c.43, s.9; Acts 1947, c.42, s.1; Acts 1951,
c.39, s.1.) As amended by Acts 1978, P.L.2, SEC.862.
IC 8-21-4-9
Killing any birds or animals; offense
Sec. 9. A person who, while in flight in an aircraft, intentionally
kills a bird or animal commits a Class B misdemeanor.
(Formerly: Acts 1927, c.43, s.10.) As amended by Acts 1978, P.L.2,
SEC.863.
IC 8-21-4-10
Construction of chapter
Sec. 10. This chapter shall be so interpreted and construed as to
effectuate its general purpose to make uniform the law of those states
which enact it, and to harmonize, as far as possible, with federal laws
and regulations on the subject of aeronautics.
(Formerly: Acts 1927, c.43, s.11.) As amended by P.L.66-1984,
SEC.143.
IC 8-21-4-11
Title
Sec. 11. This chapter may be cited as the "Uniform State Law for
Aeronautics".
(Formerly: Acts 1927, c.43, s.12.) As amended by P.L.66-1984,
SEC.144.
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