61-1102. DEFINITIONS — EXCLUSIONS. a. The term "person" when used in this act means any individual, firm, copartnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof.

b. The term "certificate" means a certificate of public convenience and necessity issued under this act to any air carrier.

c. The term "air carrier" means any person owning, controlling or operating aircraft as a common carrier of passengers for compensation on a scheduled basis between any two (2) intermediate or terminal points within the state of Idaho; provided, however, that this definition shall not be construed to prevent the carriage of passengers or property for hire by an air carrier operating in interstate commerce under certification by the civil aeronautics board.

d. The term "common air carrier" means any person which holds itself out to the general public to engage in the transportation by aircraft in commerce of passengers or property for compensation.

e. The term "aircraft" shall mean any machine heavier than air supported for flight by dynamic action of air upon its surfaces, and which is used for the transportation of persons or property in the air.

f. The term "commission" means the Idaho Public Utilities Commission.

g. The term "transportation" to which this act applies includes all aircraft operated by, for, or in the interest of any air carrier irrespective of ownership or contract, express or implied, together with all services, facilities and property furnished, operated or controlled by any such air carrier or carriers and used in the transportation of passengers and/or property in commerce in the state of Idaho.

h. Nothing in this act shall be construed to cover or include aircraft or transportation used solely in connection with:

1. The transportation or handling of United States mail;

2. Interstate or foreign commerce;

3. Instruction;

4. Charter service on a nonscheduled basis;

5. Aerial application of agricultural chemicals;

6. Air passenger carrier certificated by the civil aeronautics board in interstate commerce; or,

7. The transportation of persons or property on a contractual basis for federal, state, or local governments.

i. The term "director" means the director of the Idaho transportation department.

History:

[61-1102, added 1969, ch. 197, sec. 2, p. 574; am. 1974, ch. 12, sec. 115, p. 61.]