2005 Nevada Revised Statutes - Chapter 493 — General Provisions

Title 44 - AERONAUTICS

CHAPTER 493 - GENERAL PROVISIONS

UNIFORM LAW

NRS 493.010 Shorttitle.

NRS 493.020 Definitions.

NRS 493.030 Sovereigntyin space.

NRS 493.040 Ownershipof space.

NRS 493.050 Lawfulnessof flight and landing; liability for forced landing.

NRS 493.060 Liabilityfor damages on land or water; lien for damages.

NRS 493.070 Liabilityfor collision of aircraft.

NRS 493.080 Jurisdictionover crimes and torts.

NRS 493.090 Jurisdictionover contracts.

NRS 493.100 Dangerousflying: Penalty.

NRS 493.120 Uniformityof interpretation.

REGULATION

NRS 493.130 Operationof aircraft while under influence of intoxicating liquor or controlledsubstance or in reckless manner: Penalty; exception.

NRS 493.140 Standardsfor determining whether operation is careless or reckless.

NRS 493.150 United States certificate, permit or license required for operation of civil aircraftwithin State.

NRS 493.160 Licensingof airmen and operators.

NRS 493.170 Licensingof aeronautics instructors.

NRS 493.180 Postingand inspection of license of airman and aircraft.

NRS 493.190 Powersand duties of state and municipal officers.

NRS 493.200 Penalty.

MISCELLANEOUS PROVISIONS

NRS 493.210 Aerialnavigational chart: Contents; fee; use of receipts.

_________

UNIFORM LAW

NRS 493.010 Shorttitle. NRS493.010 to 493.120, inclusive, maybe cited as the Uniform State Law for Aeronautics.

[12:66:1923; NCL 286]

NRS 493.020 Definitions. As used in NRS 493.010to 493.120, inclusive, unless thecontext otherwise requires:

1. Aircraft includes balloon, airplane, hydroplaneand any other vehicle used for navigation through the air. A hydroplane, whileat rest on water and while being operated on or immediately above water, isgoverned by the rules regarding water navigation. A hydroplane while beingoperated through the air other than immediately above water, is an aircraft.

2. Operator includes aviator, pilot, balloonist andany other person having any part in the operation of aircraft while in flight.

3. Passenger includes any person riding in anaircraft, but having no part in its operation.

[1:66:1923; NCL 275](NRS A 1991, 252)

NRS 493.030 Sovereigntyin space. Sovereignty in the space above thelands and waters of this state is declared to rest in the State, except wheregranted to and assumed by the United States pursuant to a constitutional grantfrom the people of the State.

[2:66:1923; NCL 276]

NRS 493.040 Ownershipof space. The ownership of the space above thelands and waters of this state is declared to be vested in the several ownersof the surface beneath, subject to the right of flight described in NRS 493.050.

[3:66:1923; NCL 277]

NRS 493.050 Lawfulnessof flight and landing; liability for forced landing.

1. Flight in aircraft over the lands and waters ofthis state is lawful:

(a) Unless at such a low altitude as to interfere withthe then existing use to which the land or water, or the space over the land orwater, is put by the owner.

(b) Unless so conducted as to be imminently dangerousto persons or property lawfully on the land or water beneath.

2. The landing of an aircraft on the lands or watersof another, without his consent, is unlawful, except in the case of a forcedlanding. For damages caused by a forced landing, the owner, lessee or operatorof the aircraft is liable as provided in NRS493.060.

[4:66:1923; NCL 278](NRS A 1991, 253)

NRS 493.060 Liabilityfor damages on land or water; lien for damages.

1. The owner of every aircraft which is operated overthe lands or waters of this state is presumed liable for injuries to persons orproperty on the land or water beneath, caused by the:

(a) Ascent, descent or flight of the aircraft; or

(b) Dropping or falling of any object therefrom,

unless theinjury is caused in whole or in part by the negligence of the person injured,or of the owner or bailee of the property injured.

2. If the aircraft is leased at the time of the injuryto person or property, both owner and lessee are presumed to be liable and theymay be sued jointly, or either or both of them may be sued separately.

3. The presumption of liability of the owner, or ofthe owner and lessee, may be rebutted by proof that the injury was not causedby negligence of the owner or lessee, or of any person operating the aircraftwith the permission of the owner, lessee or any person maintaining or repairingthe aircraft with the permission of the owner or lessee.

4. An operator who is not the owner or lessee isliable only for the consequences of his own negligence.

5. The injured person, or the owner or bailee of theinjured property, has a lien on the aircraft causing the injury to the extentof the damage caused by the aircraft or objects falling from it.

6. A chattel mortgagee, conditional vendor or trusteeunder an equipment trust, of any aircraft, not in possession of the aircraft isdeemed not an owner within the provisions of this section.

[5:66:1923; A 1947, 470; 1943 NCL 279](NRS A 1991,253)

NRS 493.070 Liabilityfor collision of aircraft. The liability ofthe owner of one aircraft to the owner of another aircraft, or to operators orpassengers in either aircraft, for damage caused by a collision on land or inthe air, must be determined by the rules of law applicable to torts on land.

[6:66:1923; NCL 280](NRS A 1991, 253)

NRS 493.080 Jurisdictionover crimes and torts. All crimes, torts andother wrongs committed by or against an operator or passenger while in flightover this state are governed by the laws of this state. The question whetherdamage occasioned by or to an aircraft while in flight over this stateconstitutes a tort, crime or other wrong by or against the owner of the aircraftmust be determined by the laws of this state.

[7:66:1923; NCL 281](NRS A 1991, 254)

NRS 493.090 Jurisdictionover contracts. All contractual and otherlegal relations entered into by operators or passengers while in flight overthis state have the same effect as if entered into on the land or waterbeneath.

[8:66:1923; NCL 282](NRS A 1991, 254)

NRS 493.100 Dangerousflying: Penalty. Any operator or passenger,while in flight over a heavily populated area or over a public gathering withinthis state, who:

1. Engages in trick or acrobatic flying, or in anyacrobatic feat;

2. Except while in landing or taking off, flies atsuch a low level as to endanger the persons on the surface beneath; or

3. Drops any object except loose water or loose sandballast,

is guilty ofa misdemeanor.

[9:66:1923; NCL 283](NRS A 1967, 596; 1991, 254)

NRS 493.120 Uniformityof interpretation. NRS 493.010 to 493.120, inclusive, shall be so interpretedand construed as to effectuate their general purpose to make uniform the law ofthose states which enact them, and to harmonize, as far as possible, withfederal laws and regulations on the subject of aeronautics. They shall not beinterpreted or construed to apply in any manner to aircraft owned and operatedby the Federal Government.

[11:66:1923; NCL 285]

REGULATION

NRS 493.130 Operationof aircraft while under influence of intoxicating liquor or controlledsubstance or in reckless manner: Penalty; exception. Anyperson operating an aircraft in the air, or on the ground or water:

1. While under the influence of intoxicating liquor ora controlled substance, unless in accordance with a lawfully issuedprescription; or

2. In a careless or reckless manner so as to endangerthe life or property of another,

is guilty ofa gross misdemeanor.

[1:114:1947; 1943 NCL 288.1](NRS A 1967, 597;1971, 2031; 1973, 8; 1987, 1554; 1993, 2237; 1995, 1723)

NRS 493.140 Standardsfor determining whether operation is careless or reckless. In any proceeding charging careless or reckless operationof aircraft in violation of NRS 493.130to 493.200, inclusive, the court indetermining whether the operation was careless or reckless shall consider thestandards for safe operation of aircraft prescribed by federal statutes orregulations governing aeronautics.

[2:114:1947; 1943 NCL 288.2]

NRS 493.150 UnitedStates certificate, permit or license required for operation of civil aircraftwithin State. It shall be unlawful for anyperson to operate or cause or authorize to be operated any civil aircraftwithin this State unless such aircraft has an appropriate effectivecertificate, permit or license issued by the United States, if suchcertificate, permit or license is required by the United States.

[3:114:1947; 1943 NCL 288.3]

NRS 493.160 Licensingof airmen and operators. It shall be unlawfulfor any person to engage in aeronautics as an airman or operator in this stateunless he has an appropriate effective airman certificate, permit, rating orlicense issued by the United States authorizing him to engage in the particularclass of aeronautics in which he is engaged, if such certificate, permit,rating or license is required by the United States.

[4:114:1947; 1943 NCL 288.4](NRS A 1991, 254)

NRS 493.170 Licensingof aeronautics instructors. It shall beunlawful for any aeronautics instructor to give instruction in flying unlesssuch instructor has an appropriate effective instructors rating, certificate,permit or license as a flight instructor issued by the United States.

[5:114:1947; 1943 NCL 288.5]

NRS 493.180 Postingand inspection of license of airman and aircraft.

1. Where a certificate, permit, rating or license isrequired for an airman by the United States, it shall:

(a) Be kept in his personal possession when he isoperating within the State.

(b) Be presented for inspection upon the demand of anypeace officer, or any other officer of this state or of a municipality, or anyofficial, manager or person in charge of any airport upon which the airmanshall land, or upon the reasonable request of any other person.

2. Where a certificate, permit or license is requiredby the United States for an aircraft, it shall:

(a) Be carried in the aircraft at all times while theaircraft is operating in the State.

(b) Be conspicuously posted in the aircraft where itmay be readily seen by passengers or inspectors.

(c) Be presented for inspection upon the demand of anypeace officer, or any other officer of the State or of a municipality, or anyofficial, manager or person in charge of any airport upon which the aircraftshall land, or upon the reasonable request of any person.

[6:114:1947; 1943 NCL 288.6](NRS A 1959, 64)

NRS 493.190 Powersand duties of state and municipal officers. Everystate and municipal officer charged with the enforcement of state and municipallaws, shall enforce and assist in the enforcement of NRS 493.130 to 493.200, inclusive, and of all rules,regulations and orders issued pursuant thereto, and of all other laws of thisstate relating to aeronautics. In that connection, each of the aforesaidpersons is authorized to inspect and examine at reasonable hours any premises,and the buildings and other structures thereon, where airports, air navigationfacilities, air schools, or other aeronautical activities are operated orconducted.

[8:114:1947; 1943 NCL 288.8](NRS A 1959, 65)

NRS 493.200 Penalty. Unless a specific penalty is otherwise provided, anyperson violating any of the provisions of NRS493.130 to 493.200, inclusive, isguilty of a misdemeanor.

[7:114:1947; 1943 NCL 288.7](NRS A 1967, 597)

MISCELLANEOUS PROVISIONS

NRS 493.210 Aerialnavigational chart: Contents; fee; use of receipts.

1. The Commission on Tourism shall prepare and publishan aerial navigational chart of the State for the use of pilots of privateaircraft. The chart must contain such navigational and other information as theCommission determines to be desirable. The Commission shall charge a fee foreach chart which is sufficient to pay for the cost of printing the chart.

2. The Aerial Navigational Chart Account is herebycreated in the State General Fund. All money received by the Commissionpursuant to subsection 1 must be deposited in the Account. Money in the Accountmay only be used by the Commission for printing aerial navigational charts ofthe State for the use of pilots of private aircraft.

(Added to NRS by 1979, 1091; A 1983, 1171)