N.J. Admin. Code § 19:76-1.2

Current through Register Vol. 57, No. 1, January 6, 2025
Section 19:76-1.2 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Accident" means a collision between an aircraft or a vehicle, and an aircraft, vehicle, person, stationary object, or other thing that results in property damage, bodily injury, or death; or an entry onto or emerging from an aircraft or vehicle by a person that results in bodily injury or death to such person or some other person, or that results in property damage.

"Advertising" means the action of calling something, such as a commodity for sale or a service offered or desired, to the attention of the public by means of posting, voicing, distributing, or displaying signs, literature, circulars, pictures, sketches, or other forms of printed or written material or video/dynamic signs.

"Aeronautical activities" means any aviation-related commercial activities generally provided to the public at the Airport either by the tenants or invitees, with or without compensation, and may include, but are not limited to, fueling, maintenance, storage, ground, and flight instruction.

"Air carrier" means a person who undertakes directly by lease, or other arrangement, to engage in air transportation.

"Air cargo operator" means an airline, or other person(s), who engage in the commercial shipping of freight and mail.

"Air operations area" means all space at the Airport where general public users are restricted by fence or posting, or such areas where aircraft are parked or operated, or where operations not open to the general public are conducted; and includes, but is not limited to, the aircraft ramps, aprons, taxiways, runways, and the Federal Aviation Administration facilities.

"Aircraft" means any and all contrivances used or designed for navigation of or flight in the air, including, but not limited to, airplanes, airships, dirigibles, helicopters, gliders, amphibians, and seaplanes.

"Aircraft movement area" means the runways, taxiways, and other areas of the Airport utilized for taxiing, takeoff, and landing of aircraft exclusive of aircraft loading ramps and parking areas over which the control tower, pursuant to the Federal Aviation Act of 1958, Pub. L. 85 - 726, as amended, has authority to approve or disapprove the movement of aircraft, vehicles, equipment, or personnel.

"Airport" means the Atlantic City International Airport and all its lands and improvements thereon, including all buildings and appurtenances.

"Airport Director" means the official appointed by the Authority to manage the Airport or his or her duly authorized designees.

"Airport Manager" means that person appointed in accordance with an agreement between the Authority and the contract manager as the on-site supervisor of the Authority-owned and/or controlled property at the Airport, or a duly authorized designee.

"Airport operations coordinators" mean the duly designated personnel of the contract manager responsible for the operation, supervision, and protection of the Airport.

"Airport operations manager" means the person designated by the airport director to be responsible for the daily operating functions of the airfield and terminal.

"Airport personnel" means the authorized Airport employees of the Authority, contract manager, Federal Aviation Administration Technical Center, and other persons connected with the operation, maintenance, and servicing of the Airport, including Transportation Security Administration officers (TSA) and law enforcement officers (LEO).

"Airport service vehicles" means vehicles operated by the contract manager or Authority and routinely used for construction, service, operational activities and inspections, and maintenance of the Airport.

"Apron" or "ramp" means those areas of the Airport within the air operations area designated for the loading, unloading, servicing, or parking of aircraft.

"Authority" means the South Jersey Transportation Authority.

"Baggage handling operators" means the employees of the airline, or other person(s), whose function is to take and deliver the baggage of Airport customers.

"Based aircraft" means any aircraft whose operator leases or subleases tie-down or hangar space at the Airport on a month-to-month or longer-term basis.

"Certificate of Registration" or "Certificate" means the applicant's approval certificate from the Authority for noncommercial expression.

"Commercial activity" means the exchange, trading, buying, hiring, or selling of commodities, goods, services, or property of any kind, or any revenue producing activity at the Airport.

"Commercial vehicle" means any vehicle designed, maintained, or used primarily for the transportation of property or persons for a commercial enterprise, regardless of whether the charge for services is paid directly or indirectly by the customer being served. Examples of commercial vehicles include, but are not limited to, on-duty taxicabs, limousines, courtesy vehicles, delivery, and chartered/scheduled buses.

"Concessionaire" means persons conducting commercial activity at the Airport by virtue of an agreement with the Authority.

"Contract manager" means the entity authorized by agreement with the Authority to administer, operate, supervise, and protect the Airport and the general public at the Airport, as required by the provisions of the agreement and this chapter.

"Control tower" means the Airport traffic control facility located at the Airport and operated by the Federal Aviation Administration, which has exclusive jurisdiction over activity on the aircraft movement areas.

"Courtesy vehicle" means any vehicle, other than a taxicab, bus, motor bus service, or limousine, which is operated at no expense to the customer for the transportation of customers and/or baggage between the Airport and designated motel, hotel, auto rental office, or non-Airport-operated parking lot location.

"Crosswalk" means that portion of a roadway included within the prolongation or connection of the lateral lines of sidewalks, intersection, or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.

"Customer service department" means the office of persons responsible for assisting and providing information to Airport customers.

"Customer service desk" means the area of the Airport where a person from customer service may be on duty to assist and provide information to Airport customers.

"Dope" means cellulose nitrate or cellulose acetate dissolved in volatile flammable solvents.

"Doping" means the application of dope to strengthen and tighten aircraft fabric.

"Driver" means any person who drives, operates, or is in actual physical control of a vehicle or motor vehicle.

"Environmental laws" mean all laws relating to environmental matters, including without limitation, those relating to fines, orders, injunctions, penalties, damages, contributions, cost recovery compensation, losses, or injuries resulting from the release or threatened release of hazardous materials and to the generation, use, storage, transportation, or disposal of hazardous material, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §§ 9601 et seq.), the Hazardous Material Transportation Act ( 49 U.S.C. §§ 1801 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.), the Clean Air Act of 1970 (42 U.S.C. §§ 7401 et seq.), the Clean Water Act (33 U.S.C. §§ 1251 et seq.), the Safe Drinking Water Act ( 42 U.S.C. §§ 300f-300h-11 et seq.), the Occupational Safety and Health Act of 1970 (29 U.S.C. §§ 651 et seq.), and the Emergency Planning and Community Right-To-Know Act (42 U.S.C. §§ 11001 et seq.), each as heretofore and hereafter amended or supplemented, and any analogous future or present local, State, or Federal statutes, rules, and/or regulations promulgated thereunder or pursuant thereto, and any other present or future law, ordinance, rule, regulation, permit, or permit condition, order or directive regulating to or imposing liability standards of conduct concerning any Hazardous Material by the Federal Government, any state or any political subdivision thereof, exercising executive, legislative, judicial, regulatory, or administrative functions.

"Federal regulations" means the regulations contained in Title 14 of the Code of Federal Regulations and Transportation Security Administration regulations.

"Fixed-base operator" or "FBO" means any person authorized and required by contract with the Authority, procured pursuant to N.J.S.A. 27:25A-1 et seq., to provide aeronautical activities to the public at the Airport.

"Flammable liquids" means any liquid which emits a flammable vapor at or below a temperature of 100 degrees Fahrenheit, as determined by flash point from a Tagliabue Open Cup Tester, and shall include any other combustible liquids currently used for aircraft fuels.

"General aviation" means all phases of aviation other than aircraft manufacturing, military aviation, scheduled, nonscheduled, and regulated air carrier operations.

"Ground transportation services" means the transportation of property or persons to and from the Airport by a commercial vehicle.

"Hazardous materials" means a substance or material in a quantity or form that may pose an unreasonable risk to health, safety, or property, when stored, transported, or used in commerce as defined by the U.S. Department of Transportation.

"Law enforcement officer" or "LEO" means law enforcement officer, as defined by 49 CFR 1542.217.

"Limousine" means any two axle, four tire, motor vehicle that has livery or omnibus registration plates and either has a wheel base of 16 feet or greater or measures 16.5 feet or greater from the second axle to the front bumper and vehicle height is less than 65 inches.

"Loading area" means a designated space for the loading and unloading of aircraft.

"Loading bridges" means a device that is attached to an aircraft to facilitate the loading and/or unloading of the aircraft.

"Local aircraft operations" means aircraft operating in the local traffic pattern or within sight of the control tower; aircraft that are known to be departing for, or arriving from, flight in local practice areas located within a 20-mile radius of the control tower; or aircraft making simulated instrument approaches or low passes at the Airport.

"Marshaller" means a ramp attendant who guides aircraft during ground handling operations.

"Motorbus service" means subscription, tour, charter, and other special motorbus services.

"Motor vehicle" means any self-propelled, wheeled, tracked vehicle, or trailer hitched onto a vehicle, upon which a person or property may be transported, carried, or otherwise moved from point to point, or used for the service and maintenance of equipment or property.

"NFPA" means the National Fire Protection Association located at 1 Batterymarch Park, Quincy, MA 02269, which has established recognized standards of fire protection.

"Operator" means the owner of an aircraft or vehicle or any person who has rented or has possession of an aircraft or vehicle for the purpose of operation by self or agents.

"Operations Department" means the office of the persons responsible for the day-to-day operating functions of the terminal and Airport.

"Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and including any trustee, receiver, committee, assignee, or other representative or employee thereof; the United States of America or any foreign government or any state or political subdivision thereof; or the United Nations.

"Pre-arranged" means services obtained prior to passenger entry at the Airport and which are not recurring in nature.

"Private vehicle" means a vehicle transporting persons or property, for which no charge, except parking fees, is paid directly or indirectly by the passenger or by any other entity, excepting and excluding any vehicle that is a courtesy vehicle.

"Public vehicle" parking areas means those portions of the Airport designated by the Authority or Operations Department and made temporarily or permanently available to the public for the parking of vehicles.

"Refueling service vehicle" means any vehicle other than cargo tank vehicles, either self- propelled or without motive power, equipped with hose and other necessary devices for transferring fuel into or out of an aircraft, vehicles, or equipment.

"Restricted areas" means areas closed to the general public pursuant to Federal regulations, or Airport directives excluding Airport access roads to private facilities. These areas are defined as areas that are used to perform the everyday activities and operations of the Airport. These areas include, but are not limited to, security identification display areas (SIDA), runways, aprons, taxiways, airfield areas, and Airport access roads. These areas are restricted to use by authorized Airport personnel while engaged in their duties.

"Runway" means an improved surface area reserved exclusively for the landing and taking off of aircraft.

"Security identification display area" or "SIDA" means any area identified in the Airport security program as requiring each person to continuously display on their outermost garment, an airport-approved identification medium unless under airport approved escort.

"Solicitation" or "to solicit" means to directly or indirectly, actively or passively, openly or subtly, ask (or endeavor to obtain by asking), request, implore, plead for, importune, seek, or try to obtain.

"Stop, stopping, or standing" means any stopping or standing of a vehicle whether occupied or not, except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer, the Authority, or contract manager personnel, or traffic control signal, sign, or device.

"Taxicab" means and includes any motor vehicle engaged in the business of carrying passengers for hire in accordance with the ordinances of the Township of Egg Harbor.

"Taxicab stand" means an area as identified by the Authority reserved for the exclusive use of taxicabs awaiting passengers.

"Taxiway" means an improved surfaced area used primarily by aircraft to proceed to and from ramp and runway areas.

"Technical Center" means the William J. Hughes Federal Aviation Administration Technical Center located adjacent to the Airport.

"Tenant" means any person leasing space in the terminal or at the Airport pursuant to agreement with the Authority.

"Terminal" means the building(s) designed to accommodate the enplaning and deplaning activities of air carrier passengers.

"Tour operator" means those persons operating a commercial activity who through prior arrangement, are to meet, transport, or arrange for the transportation of a designated group of passengers and their baggage arriving or departing via the Airport.

"Transportation network company" or "TNC" means transportation network company as defined by N.J.S.A. 39:5H-2.

"Transportation Security Administration" or "TSA" shall have the definition as located in 49 CFR Part 1500.3.

"Ultra-light vehicles" means a vehicle that is used only for aviation recreation or sport aviation purposes, and satisfies all criteria and requirements of 14 CFR Part 103.

"Unmanned aircraft system" or "UAS" means an unmanned aircraft and associated elements (including communications links and the components that control the unmanned aircraft) that are required for the pilot in command to operate safely and efficiently in the national airspace system.

"Vehicle" means any device in, upon, or by which any person or property is, or may be, transported, carried, or drawn upon land, regardless of the means of propulsion, except any devices moved upon stationary rails or tracks.

N.J. Admin. Code § 19:76-1.2

Adopted by 50 N.J.R. 2158(b), effective 10/15/2018