620 ILCS 5/ Illinois Aeronautics Act.
(620 ILCS 5/1) (from Ch. 15 1/2, par. 22.1) Sec. 1. Definitions.) For the purposes of this Act, the words, terms, and phrases set forth in Sections 2 to 23b, inclusive, shall have the meanings prescribed in such sections unless otherwise specifically defined, or unless another intention clearly appears, or the context otherwise requires. (Source: P.A. 79‑1010.) |
(620 ILCS 5/2) (from Ch. 15 1/2, par. 22.2) Sec. 2. "Aeronautics" means transportation by aircraft; the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports, restricted landing areas, or other air navigation facilities, and air instruction. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/3) (from Ch. 15 1/2, par. 22.3) Sec. 3. "Aircraft" means any device used or designed to carry humans in flight as specified by the Department by rule. All devices required to be licensed as "aircraft" by the Federal Aviation Administration (FAA) on the effective date of this amendatory Act of 1995 are "aircraft". The Department may, by rule, specify the extent to which aircraft not required to be licensed by the FAA are subject to the provisions of this Act. (Source: P.A. 89‑345, eff. 1‑1‑96.) |
(620 ILCS 5/4) (from Ch. 15 1/2, par. 22.4) Sec. 4. "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. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/5) (from Ch. 15 1/2, par. 22.5) Sec. 5. "Civil Aircraft" means any aircraft other than a public aircraft. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/6) (from Ch. 15 1/2, par. 22.6) Sec. 6. "Airport" means any area of land, water, or both, except a restricted landing area, which is designed for the landing and take‑off of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, and all appurtenant rights of way, whether heretofore or hereafter established. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/7) (from Ch. 15 1/2, par. 22.7) Sec. 7. "State" or "this State" means the State of Illinois; and "Department" means the Division of Aeronautics of the Department of Transportation of this State. (Source: P.A. 81‑840.) |
(620 ILCS 5/8) (from Ch. 15 1/2, par. 22.8) Sec. 8. "Restricted area" or "restricted landing area" means any area of land, water, or both, which is used or is made available for the landing and takeoff of aircraft, the use of which shall, except in case of emergency, be only as provided from time to time by the Department. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/9) (from Ch. 15 1/2, par. 22.9) Sec. 9. "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, restricted landing areas, 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 taking‑off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport or restricted landing area, and any combination of any or all of such facilities. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/10) (from Ch. 15 1/2, par. 22.10) Sec. 10. "Air navigation" means the operation or navigation of aircraft in the air space over this State, or upon any airport or restricted landing area within this State. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/11) (from Ch. 15 1/2, par. 22.11) Sec. 11. "Operation of aircraft" or "operate aircraft" means the use of aircraft for the purpose of air navigation, and includes the navigation or piloting 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 the statutes of this State. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/12) (from Ch. 15 1/2, par. 22.12) Sec. 12. "Airman" means any individual who operates or is licensed to operate an aircraft in flight. (Source: P.A. 90‑6, eff. 6‑3‑97.) |
(620 ILCS 5/13) (from Ch. 15 1/2, par. 22.13) Sec. 13. "Air instruction" means the imparting of aeronautical information by any aeronautics instructor or in or by any air school or flying club. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/14) (from Ch. 15 1/2, par. 22.14) Sec. 14. "Air school" means any person engaged in giving, or offering to give, instruction, in aeronautics, either in flying or ground subjects, or both, for or without hire or reward, and advertising, representing, or holding himself out as giving or offering to give such instruction. It does not include any public school or university of this State, or any institution of higher learning duly accredited and approved for carrying on collegiate work. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/15) (from Ch. 15 1/2, par. 22.15) Sec. 15. "Aeronautics instructor" means any individual engaged in giving instruction, or offering to give instruction, in aeronautics, either in flying or ground subjects, or both, for hire or reward, without advertising such occupation, without calling his facilities an "air school" or anything equivalent thereto, and without employing or using other instructors. It does not include any instructor in any public school or university of this State, or any institution of higher learning duly accredited and approved for carrying on collegiate work, while engaged in his duties as such instructor. (Source: P.A. 91‑357, eff. 7‑29‑99.) |
(620 ILCS 5/16) (from Ch. 15 1/2, par. 22.16) Sec. 16. "Flying club" means any person other than an individual, which, neither for profit nor reward, owns, leases, or uses one or more aircraft for the purpose of instruction or pleasure or both. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/17) (from Ch. 15 1/2, par. 22.17) Sec. 17. "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, public service corporation, joint venture, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof. (Source: P.A. 92‑341, eff. 8‑10‑01.) |
(620 ILCS 5/18) (from Ch. 15 1/2, par. 22.18) Sec. 18. "State airway" means a route in the navigable air space over and above the lands or water of this State, designated by the Department as a route suitable for air navigation. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/19) (from Ch. 15 1/2, par. 22.19) Sec. 19. "Navigable air space" means air space above the minimum altitudes of flight prescribed by the laws of this State or by rules or regulations of the Department consistent therewith. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/20) (from Ch. 15 1/2, par. 22.20) Sec. 20. "Municipality" means any county, city, village, or town of this State and any other political subdivision, public corporation, authority, or district in this State, or any combination of two or more of the same, which is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate airports and other air navigation facilities. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/21) (from Ch. 15 1/2, par. 22.21) Sec. 21. "Airport protection privileges" means easements through or other interests in air space over land or water, interests in airport hazards outside the boundaries of airports or restricted landing areas, and other protection privileges, the acquisition or control of which is necessary to insure safe approaches to the landing areas of airports and restricted landing areas and the safe and efficient operation thereof. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/22) (from Ch. 15 1/2, par. 22.22) Sec. 22. "Airport hazard" means any structure, object of natural growth, or use of land, which obstructs the air space required for the flight of aircraft in landing or taking off at any airport or restricted landing area or is otherwise hazardous to such landing or taking off. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/23) (from Ch. 15 1/2, par. 22.23) Sec. 23. "Laws of this State pertaining to aeronautics" means this Act and all other acts of this State, as heretofore or hereafter enacted or amended, of which the subject matter is any phase of aeronautics, including, without limiting the generality of the foregoing, regulation, supervision, condemnation, zoning and policing powers in connection therewith. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/23a) (from Ch. 15 1/2, par. 22.23a) Sec. 23a. "Sport parachuting" means (1) engaging in a planned and intentional jump from an aircraft while wearing a parachute, or (2) operating an aircraft from which a planned and intentional parachute jump is to be made by any person. (Source: P.A. 78‑721.) |
(620 ILCS 5/23b) (from Ch. 15 1/2, par. 22.23b) Sec. 23b. (1) "Sport parachutist" means any person engaging in sport parachuting other than a novice parachutist or other person not qualifying as a sport parachutist on the basis of ground instruction or parachute jump experience. (2) "Novice parachutist" means any person engaging in sport parachuting who has received adequate ground instruction in the techniques of parachuting but has not completed 25 parachute jumps. (Source: P.A. 80‑385.) |
(620 ILCS 5/24) (from Ch. 15 1/2, par. 22.24) Sec. 24. For the purposes of this Act the singular shall include the plural, and the plural the singular. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/25) (from Ch. 15 1/2, par. 22.25) Sec. 25. Declarations. It is hereby declared that the purpose of this Act is to further the public interest and aeronautical progress by providing for the protection and promotion of safety in aeronautics; by cooperating in effecting a uniformity of the laws relating to the development and regulation of aeronautics in the several states; by revising existing statutes relative to the development and regulation of aeronautics so as to grant to a state agency such powers and impose upon it such duties that the state may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within such jurisdiction, may assist in the promotion of a State‑wide system of airports, may cooperate with and assist the political subdivisions of this State and others engaged in aeronautics, and may encourage and develop aeronautics; by establishing uniform rules and regulations, consistent, so far as practicable, with Federal rules and regulations, in order that those engaged in aeronautics of every character may so engage with the least possible restriction, consistent with their safety and with the safety and the rights of others; and by providing for cooperation with the Federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and the authorities of this State by assisting in accomplishing the purposes of federal legislation and eliminating costly and unnecessary duplication of functions properly in the province of federal agencies. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/25.01) (from Ch. 15 1/2, par. 22.25a) Sec. 25.01. This state or any political subdivision of this state is authorized to acquire, establish, construct, own, control, lease, equip, improve, maintain and operate airports, or restricted landing areas, or other air navigation facilities in an adjoining state whose laws permit, subject to the laws of such state, but subject to the laws of this state in all matters relating to financing such projects. (Source: Laws 1963, p. 1812.) |
(620 ILCS 5/25.02) (from Ch. 15 1/2, par. 22.25b) Sec. 25.02. An adjoining state or political subdivision thereof, if the laws of such state permit, is authorized to acquire, establish, construct, own, control, lease, equip, improve, maintain and operate airports, or restricted landing areas, or other air navigation facilities in this State, subject to all laws, rules and regulations of this State applicable to such aeronautical facilities, but subject to the laws of its own state in all matters relating to financing such projects; provided that prior to the commencement of proceedings for the acquisition or establishment of any such airport, restricted landing area or other navigation facility, approval of such acquisition or establishment has been granted by the Illinois Secretary of Transportation. (Source: P.A. 84‑1473.) |
(620 ILCS 5/25.03) (from Ch. 15 1/2, par. 22.25c) Sec. 25.03. Such adjoining state or political subdivision thereof shall have all the rights, privileges, and duties of like political subdivisions of this State. (Source: P.A. 84‑1473.) |
(620 ILCS 5/25.04) (from Ch. 15 1/2, par. 22.25d) Sec. 25.04. Sections 25.01 to 25.03, both inclusive, shall not apply unless the laws of such adjoining state shall permit this State and its political subdivisions to acquire, establish, construct, own, control, lease, equip, improve, maintain and operate airports, or restricted landing areas, or other air navigation facilities therein, with all privileges, rights and duties applicable to such aeronautical projects in such adjoining state. (Source: P.A. 84‑1473.) |
(620 ILCS 5/26) (from Ch. 15 1/2, par. 22.26) Sec. 26. The Department shall regulate and supervise aeronautics within this State, subject to the provisions of this Act. The Department is empowered and directed to encourage, foster, and assist in the development of aeronautics in this State and to encourage the establishment of airports and other air navigation facilities. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/27) (from Ch. 15 1/2, par. 22.27) Sec. 27. Cooperation with Federal Government and others. The Department shall cooperate with and assist the Federal Government, the political subdivisions of this State, and other states, and others, including private persons, engaged in aeronautics or the promotion of aeronautics, and shall seek to coordinate the aeronautical activities of these bodies and persons. To this end, the Department is empowered to confer with or to hold joint hearings with any federal aeronautical agency, and the municipalities and other political subdivisions of this State and other states, in connection with any matter relating to aeronautics, and to avail itself of the cooperation, services, records, and facilities of such agencies, municipalities, and other political subdivisions, federal or otherwise, as fully as may be practicable, in the administration and enforcement of the laws of this State pertaining to aeronautics. The Department shall reciprocate by furnishing to such agencies, municipalities and other political subdivisions, federal or otherwise, its cooperation, services, records and facilities, in so far as may be practicable. (Source: P.A. 92‑341, eff. 8‑10‑01.) |
(620 ILCS 5/27.01) (from Ch. 15 1/2, par. 22.27a) Sec. 27.01. The Department, in addition to the other powers and duties conferred upon it by law, is authorized and directed to supervise and to coordinate within and for the State of Illinois emergency or civil defense measures relating to civil aircraft, airmen, and facilities other than those of air carriers principally engaged in interstate commerce made necessary as a result of any severe storm or other emergency or disaster or as a result of partial or complete mobilization to meet threatened or actual military attack or invasion. Any such supervision and coordination shall be consistent with and in implementation of any statewide plan promulgated by competent State authorities for any such situation. (Source: Laws 1951, p. 983.) |
(620 ILCS 5/27.02) Sec. 27.02. Assistance to Civil Air Patrol. The Department may provide support and assistance to the Civil Air Patrol in the form of money, equipment, personnel, materials, office or hangar space, services, or other contributions the Department may find to be appropriate. This support and assistance may be in the nature of a loan or an outright grant, and may be either temporary or permanent. Other State agencies may participate with the Department in providing support and assistance under the Intergovernmental Cooperation Act. (Source: P.A. 89‑157, eff. 1‑1‑96.) |
(620 ILCS 5/28) (from Ch. 15 1/2, par. 22.28) Sec. 28. Rules, rulings, regulations, decisions, orders and standards. In exercising its powers and performing its functions under the laws of this State pertaining to aeronautics, the Department may perform such acts, issue, amend, change, abrogate or rescind such decisions and orders, prescribe such forms, and make, promulgate, and amend, change, abrogate or rescind such reasonable general or special rules, rulings, regulations, and procedure, and establish such minimum standards, as may be necessary, commensurate with and for the purpose of protecting and insuring the general public interest and safety, the safety of persons receiving instruction concerning, or operating, using or traveling in, aircraft, and of persons and property on land or water, and to develop and promote aeronautics in this State. No rule, ruling, regulation, decision or order of the Department shall apply to airports or other air navigation facilities owned or controlled by the Federal Government within this State. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/29) (from Ch. 15 1/2, par. 22.29) Sec. 29. Conformity to federal legislation and rules. All rules, rulings, regulations, orders and decisions prescribed by the Department pursuant to the laws of this State pertaining to aeronautics, shall be kept in conformity, as nearly as may be, with the then current federal legislation governing aeronautics and the regulations duly promulgated thereunder and rules and standards issued from time to time pursuant thereto. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/30) (from Ch. 15 1/2, par. 22.30) Sec. 30. Filing of rules. The Department shall keep on file with the Secretary of State, and at the principal office of the Department, a copy of all its rules and regulations, for public inspection. (Source: Laws 1945, p. 335.) |
(620 ILCS 5/31) (from Ch. 15 1/2, par. 22.31) Sec. 31. State airport plan. The Department may designate, design, and establish, expand or modify a State airport plan which will best serve the interests of the State, with due regard for the following factors; the present and future needs of foreign, inter‑state and intra‑state air commerce and air transportation; the present and future needs of foreign, inter‑state and intra‑state private flying; the existing and contemplated air navigation facilities, including those owned or controlled or to be owned or controlled by the Federal Government; the then current national airport plan and federal airways system; and the avoidance of unnecessary or unreasonable interference or conflict, on the part of airports, airport plans and restricted landing areas, with existing important or essential facilities, or buildings devoted to the public use. The Department may chart such State airport plan and arrange for publication and distribution of maps, charts, notices and bulletins relating thereto, as may be required in the public interest. To the extent practicable, the State airport plan shall be integrated with or supplementary to and coordinated in design and operation with the National airport plan and the Federal airways system, as the same may be revised from time to time. The State airport plan may include all types of air navigation facilities, whether publicly or privately owned, provided such facilities conform to federal safety standards. (Source: P.A. 92‑341, eff. 8‑10‑01.) |
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