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April 25, 2024 Clear | 46°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 49B: Definitions applicable to Secs. 49B to 49R

Section 49B. The following words, as used in sections forty-nine B to forty-nine R, inclusive, shall, unless the context requires otherwise, have the following meanings:—

(a) ''Judgment'', any judgment which has become final upon a claim for damages suffered by a claimant arising out of the ownership, operation, maintenance or use of any aircraft, including damages for care and loss of services, because of bodily injury to or death of any person or injury to or destruction of property, including the loss of use thereof, or upon an agreement of settlement for such damages.

(b) ''Non-resident's operating privilege'', the privilege conferred upon a non-resident by the commonwealth pertaining to the operation by him of an aircraft, or the use of an aircraft owned by him therein.

(c) ''Operator'', any person who is exercising actual physical control of an aircraft.

(d) ''Owner'', any of the following persons who may be legally responsible for the operation of an aircraft:—

(1) A person who holds the legal title to an aircraft.

(2) A lessee of an aircraft.

(3) A conditional vendee, a trustee under a trust receipt and a mortgagor or other person holding an aircraft subject to a security interest.

(e) ''Passenger'', any person in, on or boarding an aircraft for the purpose of riding therein, or alighting therefrom following a flight or attempted flight therein.

(f) ''Registration'', a certificate of registration of aircraft engaged in air navigation or of operators thereof, issued by the commission.

(g) ''Notice'', notice in writing served upon a person by either:—

(1) Actual delivery or offer of delivery to such person by any disinterested person; or

(2) Registered mail addressed to the person at the last address known to the commission.

(h) ''State'', any state, the District of Columbia, any territory or possession of the United States and the Commonwealth of Puerto Rico.

(i) ''Claimant'', any person having a claim for damages as the result of an accident within the commonwealth involving an aircraft.