[Rev. 11/21/2013 12:13:59 PM--2013]

TITLE 44 - AERONAUTICS

CHAPTER 493 - GENERAL PROVISIONS

UNIFORM LAW

NRS 493.010           Short title.

NRS 493.020           Definitions.

NRS 493.030           Sovereignty in space.

NRS 493.040           Ownership of space.

NRS 493.050           Lawfulness of flight and landing; liability for forced landing.

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

NRS 493.070           Liability for collision of aircraft.

NRS 493.080           Jurisdiction over crimes and torts.

NRS 493.090           Jurisdiction over contracts.

NRS 493.100           Dangerous flying: Penalty.

NRS 493.120           Uniformity of interpretation.

REGULATION

NRS 493.130           Operation of aircraft while under influence of intoxicating liquor or controlled substance or in reckless manner: Penalty; exception.

NRS 493.140           Standards for determining whether operation is careless or reckless.

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

NRS 493.160           Licensing of airmen and operators.

NRS 493.170           Licensing of aeronautics instructors.

NRS 493.180           Posting and inspection of license of airman and aircraft.

NRS 493.190           Powers and duties of state and municipal officers.

NRS 493.200           Penalty.

MISCELLANEOUS PROVISIONS

NRS 493.210           Aerial navigational chart: Contents; fee; use of receipts.

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UNIFORM LAW

      NRS 493.010  Short title.  NRS 493.010 to 493.120, inclusive, may be cited as the Uniform State Law for Aeronautics.

      [12:66:1923; NCL § 286]

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

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

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

      3.  “Passenger” includes any person riding in an aircraft, but having no part in its operation.

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

      NRS 493.030  Sovereignty in space.  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 the State.

      [2:66:1923; NCL § 276]

      NRS 493.040  Ownership of space.  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 NRS 493.050.

      [3:66:1923; NCL § 277]

      NRS 493.050  Lawfulness of flight and landing; liability for forced landing.

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

      (a) 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.

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

      2.  The landing of an aircraft on the lands or waters of another, without his or her consent, is unlawful, except in the case of a forced landing. For damages caused by a forced landing, the owner, lessee or operator of the aircraft is liable as provided in NRS 493.060.

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

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

      1.  The owner of every aircraft which is operated over the lands or waters of this state is presumed liable for injuries to persons or property 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,

Ê unless the injury 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 injury to person or property, both owner and lessee are presumed to be liable and they may be sued jointly, or either or both of them may be sued separately.

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

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

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

      6.  A chattel mortgagee, conditional vendor or trustee under an equipment trust, of any aircraft, not in possession of the aircraft is deemed 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  Liability for collision of aircraft.  The liability of the owner of one aircraft to the owner of another aircraft, or to operators or passengers in either aircraft, for damage caused by a collision on land or in the 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  Jurisdiction over crimes and torts.  All crimes, torts and other wrongs committed by or against an operator or passenger while in flight over this state are governed by the laws of this state. The question whether damage occasioned by or to an aircraft while in flight over this state constitutes a tort, crime or other wrong by or against the owner of the aircraft must be determined by the laws of this state.

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

      NRS 493.090  Jurisdiction over contracts.  All contractual and other legal relations entered into by operators or passengers while in flight over this state have the same effect as if entered into on the land or water beneath.

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

      NRS 493.100  Dangerous flying: Penalty.  Any operator or passenger, while in flight over a heavily populated area or over a public gathering within this state, who:

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

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

      3.  Drops any object except loose water or loose sand ballast,

Ê is guilty of a misdemeanor.

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

      NRS 493.120  Uniformity of interpretation.  NRS 493.010 to 493.120, inclusive, shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them, and to harmonize, as far as possible, with federal laws and regulations on the subject of aeronautics. They shall not be interpreted or construed to apply in any manner to aircraft owned and operated by the Federal Government.

      [11:66:1923; NCL § 285]

REGULATION

      NRS 493.130  Operation of aircraft while under influence of intoxicating liquor or controlled substance or in reckless manner: Penalty; exception.  Any person operating an aircraft in the air, or on the ground or water:

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

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

Ê is guilty of a 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  Standards for determining whether operation is careless or reckless.  In any proceeding charging careless or reckless operation of aircraft in violation of NRS 493.130 to 493.200, inclusive, the court in determining whether the operation was careless or reckless shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics.

      [2:114:1947; 1943 NCL § 288.2]

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

      [3:114:1947; 1943 NCL § 288.3]

      NRS 493.160  Licensing of airmen and operators.  It shall be unlawful for any person to engage in aeronautics as an airman or operator in this state unless the person has an appropriate effective airman certificate, permit, rating or license issued by the United States authorizing him or her to engage in the particular class of aeronautics in which he or she 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  Licensing of aeronautics instructors.  It shall be unlawful for any aeronautics instructor to give instruction in flying unless such instructor has an appropriate effective instructor’s rating, certificate, permit or license as a flight instructor issued by the United States.

      [5:114:1947; 1943 NCL § 288.5]

      NRS 493.180  Posting and inspection of license of airman and aircraft.

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

      (a) Be kept in the airman’s personal possession when he or she is operating within the State.

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

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

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

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

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

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

      NRS 493.190  Powers and duties of state and municipal officers.  Every state and municipal officer charged with the enforcement of state and municipal laws, 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 this state relating to aeronautics. In that connection, each of the aforesaid persons is authorized to inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where airports, air navigation facilities, air schools, or other aeronautical activities are operated or conducted.

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

      NRS 493.200  Penalty.  Unless a specific penalty is otherwise provided, any person violating any of the provisions of NRS 493.130 to 493.200, inclusive, is guilty of a misdemeanor.

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

MISCELLANEOUS PROVISIONS

      NRS 493.210  Aerial navigational chart: Contents; fee; use of receipts.

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

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

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