2017 South Carolina Code of Laws
Title 55 - Aeronautics
CHAPTER 1 - GENERAL PROVISIONS
Section 55-1-5. Definitions.

For the purposes of Chapters 1 through 9, Title 55, the following words and terms are defined as follows:

(1) "Aeronautics" means the act or practice of the art and science of transportation by aircraft, of operation, construction, repair or maintenance of aircraft, airports, landing fields, landing strips or air navigation facilities or of air instruction.

(2) "Aircraft" means a device that is used or intended to be used for flight in the air.

(3) "Airman" means a person who holds a pilot, flight instructor, flight engineer, or flight navigator certificate issued by the Federal Aviation Administration, including persons not holding these certificates but who are acting as a flight crew member or otherwise manipulating the controls of an aircraft while in flight or for the intended purpose of flight.

(4) "Airport" means any area, private or public, either of land or water, which is used or which is made available for the landing and take-off of aircraft, whether or not it provides facilities for the shelter, supply and repair of aircraft or for receiving or discharging passengers or cargo, and all appurtenant rights of ways; whether currently existing or hereafter established. The definition of an airport includes landing fields, heliports, seaplane ports, spaceports, and landing strips.

(5) "Airport Land Use Zones" are areas where land uses incompatible with aircraft operations, including, but not limited to, lands affected by airport noise, aviation safety zones, high density development near airports, or activities where normal takeoff, departure, approach, or landing profiles or criteria, are or would be adversely affected.

(6) "Airport Safety Zones" are those lands and waters on or near a public use airport which include airport property and surrounding adjacent and contiguous properties where aircraft operations, including taxi, takeoff, landing, approach, arrival, and departure would be adversely affected as a result of:

(a) condition exists that interferes with, or has a reasonable potential to interfere with aircraft operations;

(b) a condition that poses an increased risk to aviation safety;

(c) the persistence of a condition such as an obstruction that would cause aircraft takeoff, landing, or approach criteria to be adversely impacted;

(d) the existence of a condition that would constitute a nuisance to aircraft operation; or

(e) planned or actual concentration of residential or commercial structures in close proximity to the flight path of arriving or departing aircraft.

(7) Notwithstanding another provision of law, "Aviation Fuel" means gasoline and aviation jet fuel manufactured exclusively for use in airplanes and sold for these purposes.

(8) "Civil Aircraft" means an aircraft other than a government aircraft having a civil airworthiness certificate issued by the Federal Aviation Administration.

(9) "Commission" means the Aeronautics Commission which shall assist and oversee the operation of the division.

(10) "Division" unless otherwise indicated, means the Division of Aeronautics of the South Carolina State Fiscal Accountability Authority.

(11) Notwithstanding another provision of law, "Executive Director" means the person or persons appointed by the Governor in accordance with Section 13-1-1080 and serving at the pleasure of the Aeronautics Commission to supervise and carry out the functions and duties of the Division of Aeronautics as provided for by law.

(12) "Government aircraft" means aircraft used only in the service of a government, or a political subdivision. It does not include any government-owned aircraft engaged in carrying persons or property for commercial purposes.

(13) "Governmental entity" means a county, municipality, or political subdivision of this State.

(14) "Operator" means a person who is exercising actual physical control of an aircraft.

(15) "Owner" means the following persons who may be legally responsible for the operation of an aircraft:

(a) a person who holds the legal title to an aircraft;

(b) a lessee of an aircraft;

(c) a conditional vendee, a trustee under a trust receipt, a mortgagor, or other person holding an aircraft subject to a security interest.

(16) "Passenger" means a person in, on, or boarding an aircraft for the purpose of riding on it, or alighting there from following a flight or attempted flight on it.

(17) "Person" means any individual, association, copartnership, firm, company, corporation or other association of individuals.

(18) "Public airport" means an airport for public use, publicly owned and under control of a governmental or quasi-governmental agency.

(19) "Public use airports" means an airport open to the public without prior permission, regardless of ownership.

(20) "Restricted use airport" means an airport where the owner prohibits or restricts public use.

(21) "Seaplane" means an aircraft which is capable of landing and taking off on the water.

(22) "State" means any state, the District of Columbia, any territory or possession of the United States and the Commonwealth of Puerto Rico.

HISTORY: 1993 Act No. 181, Section 1288, eff July 1, 1993; 1994 Act No. 361, Section 7, eff May 3, 1994; 2005 Act No. 11, Section 1.C, eff upon approval (became law without the Governor's signature on January 13, 2005); 2012 Act No. 270, Section 1, eff June 18, 2012.

Code Commissioner's Note

At the direction of the Code Commissioner, reference in (10) to the former Budget and Control Board was changed to the State Fiscal Accountability Authority, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1).

Editor's Note

Prior Laws: 1962 Code Sections 2-2, 2-53; 1952 Code Sections 2-2, 2-53; 1942 Code Sections 7100, 7112; 1935 (39) 447; 1932 Code Section 7100; 1929 (36) 220; 1978 Act No. 563 Section 1; 1988 Act No. 624, Section 3; 1993 Act No. 181, Sections 1289, 1290; 2005 Act No. 11, Section 1.D; 1976 Code Sections 55-3-20, 55-5-20, 55-8-10.

Effect of Amendment

The 1994 amendment rewrote this section.

The 2005 amendment rewrote item (3).

The 2012 amendment rewrote this section.