RSA 422:3. Definitions.

In this chapter: I. "Administration" means the Federal Aviation Administration of the United States, or any federal agency superseding the federal aviation administration. II. "Aeronautics" means the act or practice of the art and science of transportation by aircraft, and operation, construction, repair or maintenance of aircraft, airports, air navigation facilities or air instruction. III. "Air commerce" means interstate, overseas, or foreign air commerce or the transportation of mail by aircraft or any operation or navigation of aircraft within the limits of any federal airway or any operation or navigation of aircraft which directly affects, or which may endanger safety in, interstate, overseas, or foreign air commerce by a person operating under Federal Aviation Regulations Part 121. IV. "Air navigation facility" means any facility other than one owned or controlled by the federal government, used in, available for use in, or designed for use in, aid of air navigation, including airports, and any structures, mechanisms, lights, beacons, marks, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience, to the safe take-off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport and any combination of any or all of such facilities. V. "Air transportation" means the transportation of persons, property, or mail by aircraft. VI. "Aircraft" means a device that is used, or intended to be used for flight in the air, and for which a federal registration certificate and number have been assigned. VII. "Aircraft accident" means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives substantial damage. VIII. "Aircraft dealer" means a person engaged in the business of buying or selling new or used aircraft. IX. "Aircraft incident" means an occurrence other than an accident, associated with the operation of an aircraft, which affects or could affect the safety of operations. X. "Airport" means an area of land or water that is used or intended to be used for the landing and taking off of aircraft, and includes its buildings and facilities, if any. XI. "Antique aircraft" means an aircraft which was manufactured 40 or more years ago. XII. "Aviation users advisory board" means the aviation users advisory board constituted pursuant to RSA 21-L:8. XIII. "Certificate, registration (state)" is a document issued by the division for aircraft, airports, and commercial aviation operators, specifying the aeronautical activities in which the holder thereof may engage. XIV. "Civil air regulations" means the regulations of the Federal Aviation Administration issued under the authority of the "Federal Aviation Act of 1958," or any federal regulations superseding those issued under the administration of that act. These are also known as "Federal Aviation Regulations", or "FAR's". XV. "Civil aircraft" means any aircraft of the United States other than a public aircraft. XVI. "Commercial aviation operator" means any person, who in any capacity engages in one or more aeronautical activities for compensation or hire within the boundaries of an airport. Aeronautical activities include, but are not limited to carriage of persons or property; flight training; instruction; construction, sale, repair, maintenance, modification, or storage of aircraft, aircraft fuel or aircraft parts; or rendering other aviation services for compensation. XVII. "Commissioner" means the commissioner of transportation. XVIII. "Department" means the department of transportation. XIX. "Director" means the director of the division of aeronautics, rail, and transit, department of transportation. XX. "Fatal injury" means any injury which results in death within 30 days from the date of the injury. XXI. "Hazard to air navigation" means any structure, tree, steam, smoke, dust, or other substance which obstructs the aerial approaches of an airport or impairs reasonable visibility in the vicinity thereof, electrical impulses and disturbances which interfere with radio aids or communications and lights which might result in glare in the vision of pilots of aircraft or be confused with airport lights. XXII. "Operation of aircraft," or "operate aircraft" means the use of aircraft for the purpose of flight, and includes the navigation of aircraft. Any person who causes or authorizes the operation of aircraft, whether with or without the right of legal control (in the capacity of owner, lessee, or otherwise) of the aircraft, shall be deemed to be engaged in the operation of aircraft within the meaning of this chapter. XXIII. "Person" means an individual, a proprietorship, or any form of organization recognized by the laws of this state or the United States as able to own property or conduct its affairs as a legal entity. XXIV. "Public aircraft" means an aircraft used exclusively in the service of any government or of any political subdivision thereof, including the government of any state, territory, or possession of the United States, or the District of Columbia, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes. XXIV-a. "Roadable aircraft" means any aircraft capable of taking off and landing from a suitable airfield which is also designed to be driven on public roadways as a conveyance. XXV. "Resident" means resident, as defined in RSA 21:6. XXVI. "Seaplane" means any aircraft on floats or an amphibian aircraft with a hull and sponson, which is capable of landing or taking off from land or water. XXVII. "Serious injury" means any injury which: (a) Requires hospitalization for more than 48 hours, commencing within 7 days from the date the injury was received. (b) Results in a fracture of any bone (except simple fractures of fingers, toes, or nose). (c) Causes severe hemorrhages, nerve, muscle, or tendon damage. (d) Involves any internal organ. (e) Involves second-degree or third-degree burns, or any burns affecting more than 5 percent of the body surface. XXVII-a. "Small unmanned aircraft" means an unmanned aircraft as defined in federal regulations, as amended. XXVII-b. "Small unmanned aircraft system" means a small unmanned aircraft and its associated elements as defined in federal regulations, as amended. XXVIII. "Structure" means any object constructed or installed by man. XXIX. "Substantial damage" means damage or failure which adversely affects the structural strength, performance, or flight characteristics of the aircraft, and which would normally require major repair or replacement of the affected component. Engine failure or damage limited to an engine if only one engine fails or is damaged, bent fairings or cowling, dented skin, small punctured holes in the skin or fabric, ground damage to rotor or propeller blades, and damage to landing gear, wheels, tires, flaps, engine accessories, brakes, or wingtips are not considered "substantial damage" for the purpose of this chapter. XXX. "Unmanned aircraft" means an aircraft as defined in federal regulations, as amended. Source: Source. 2002, 6:1, eff. July 1, 2002. 2004, 257:30, eff. July 1, 2004. 2020, 33:38, eff. Sept. 22, 2020. 2021, 91:138, 139, eff. July 1, 2021.