N.M. Admin. Code § 1.5.5.7

Current through Register Vol. 35, No. 24, December 23, 2024

Section 1.5.5.7 - DEFINITIONS

A. "Transportation services division" - refers to the division of the general services department created by Section 4 of Chapter 119, Laws of 1994.

B. "Crew" - refers to any passenger who has any officially assigned duties involved in the operation of the aircraft. Crew members include, but are not limited to: pilot, co-pilot, check pilot, flight examiner, FAA designated flight examiner, flight instructor, flight engineer, navigator, mechanic, flight attendant or load-master.

C. "Coverage" - refers to the liability, hull, and medical insurance on state aircraft.

D. "Director" - refers to the director of the transportation services division of the general services department.

E. "Duties" - as defined in the Tort Claims Act means performing any official duties which a public employee is requested, required or authorized to perform by the governmental entity regardless of the time and place of performance.

F. "Emergency" - a condition which creates a threat to public health, welfare, or safety such as may arise by reason of floods, epidemics, riots, equipment failures, or similar events.

G. "F.A.A" - means the federal aviation administration or its counterpart in a foreign country having jurisdiction over civil aviation.

H. "Federal aviation regulations" - means the body of regulations governing civil aviation in the United States or the equivalent body of regulations governing civil aviation in a foreign country.

I. "Fleet" - means the aircraft operated by the general services department.

J. "Fleet average cost" - is the average hourly cost of operating the fleet. It is determined by combining all variable and fixed costs associated with the fleet in a fiscal year and dividing the total by the total number of aircraft hours flown in that fiscal year.

K. "Passenger" - refers to any authorized person or persons, including crew, while in, or entering a state aircraft for the purpose of riding or flying therein, or exiting the aircraft during or following a flight or attempted flight.

L. "Authorized persons" - refers to the following classes of persons:

(1) elected or appointed state government officials;

(2) law enforcement officers;

(3) persons acting on behalf of or in service of a state governmental entity in any official capacity, whether with or without compensation;

(4) persons in the custody or care of the state; and

(5) licensed foster parents providing care for children in the custody of the state.

M. "Secretary" - refers to the cabinet secretary of the general services department.

N. "State agency" - refers to the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions.

O. "State aircraft" - means any state-owned aircraft used primarily to transport passengers.

N.M. Admin. Code § 1.5.5.7

7/1/94; Recompiled 11/30/01