NRS 493.010 to 493.120 ,
inclusive, may be cited as the Uniform State Law for Aeronautics.
[12:66:1923; NCL § 286]
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)
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]
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]
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 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)
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 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)
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)
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)
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)
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 493.010 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
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)
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]
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]
It shall be
unlawful for any person to engage in aeronautics as an airman or operator
in this state unless he has an appropriate effective airman certificate,
permit, rating or license issued by the United States authorizing him to
engage in the particular class 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)
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]
1. Where a certificate, permit, rating or license is required for
an airman by the United States, it shall:
(a) Be kept in his personal possession when he 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)
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)
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
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)
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