N.Y. General Business Law § 245: Air traffic rules

§ 245. Air traffic rules. The following air traffic rules shall govern

the operations and use of aircraft in New York state, except that they

shall not apply to aircraft used exclusively in the governmental service

of the United States, or exclusively in the service of the national

guard of this state:

1. Careless or reckless operation. No person shall operate an aircraft

in a careless or reckless manner so as to endanger the life or property

of others.

2. Minimum safe altitudes. Except when necessary for a take-off or

landing, no person shall operate aircraft below the following altitudes:

(a) General. An altitude which will permit, in the event of the

failure of a power unit, an emergency landing without undue hazard to

persons or property on the surface;

(b) Over congested areas. Over congested areas of cities, towns,

villages or settlements, or over an open-air assembly of persons, an

altitude of one thousand feet above the highest obstacle within a

horizontal radius of two thousand feet from the aircraft. Helicopters

may be flown at less than the minimum prescribed herein if such

operations are conducted without hazard to persons or property on the

surface and at an altitude which will permit an emergency landing

without undue hazard to persons or property on the surface;

(c) Over other than congested areas. An altitude of five hundred feet

above the surface, except over open water or sparsely populated areas,

and in no event closer than five hundred feet to any person, vessel,

vehicle, or structure. Helicopters may be flown at less than the minimum

prescribed herein if such operations are conducted without hazard to

persons or property on the surface and at an altitude which will permit

an emergency landing without undue hazard to persons or property on the

surface;

(d) Industrial operations. Where essential to industrial operations

and except over congested areas and over an open-air assembly of

persons, aircraft may fly at an altitude lower than five hundred feet if

such operations are conducted with extreme care and caution and with

regard to the safety of persons or property on the surface.

3. Acrobatic flying. (a) No person shall engage in acrobatic flying

over congested areas of cities, towns, settlements, or over an open-air

assembly of persons.

(b) Unless authorized by the federal aviation agency, no person shall

engage in acrobatic flying:

(1) Within any federal airway or control zone, or

(2) When the flight visibility is less than three miles, or

(3) Below an altitude of one thousand five hundred feet above the

surface.

4. Dropping objects. No person piloting an aircraft shall permit

anything to be dropped from an aircraft in flight which might create any

hazard to persons or property.

5. Water operations. An aircraft operating on the water shall, insofar

as possible, keep clear of all vessels and avoid impeding their

navigation;

(a) Crossing. The aircraft or vessel which has the other on its right

shall give way so as to keep well clear;

(b) Approaching head-on. When aircraft, or an aircraft and vessel,

approach head-on, or approximately so, each shall alter its course to

the right to keep well clear;

(c) Overtaking. The aircraft or vessel which is being overtaken has

the right-of-way, and the one overtaking shall alter its course to keep

well clear.

(d) Special circumstances. When two aircraft, or an aircraft and

vessel, approach so as to involve risk of collision, each shall proceed

with regard to existing circumstances and conditions including the

limitations of the respective craft.

6. Transportation of explosives and other dangerous articles. The

transporting of any explosives and dangerous devices other than small

arms ammunition in moderate quantity for personal use, necessary

aircraft signaling devices, fuel and equipment necessary to the safe

operation of the aircraft and materials for industrial spraying, is

prohibited. Dangerous devices shall include, but not exclusively,

inflammable and non-inflammable compressed gas, poison gas and liquid,

poisonous liquid and solid, and tear gas. Exceptions are permitted where

transportation is performed in accordance with federal rules.

* 7. Liquor and drugs. No person shall pilot an aircraft or serve as a

member of the crew while under the influence of intoxicating liquor, or

drugs, nor shall any person be permitted to be carried in the aircraft

who is obviously under the influence of intoxicating liquor, or drugs,

except a medical patient under proper care or in case of emergency.

* NB There are 2 subs. 7

* 7. Parachutes. No pilot in command of a civil aircraft shall allow a

parachute that is available for emergency use to be carried in that

aircraft unless it is a type approved under regulations of the federal

aviation agency.

* NB There are 2 subs. 7

9. Public streets or highways. No take-off or landing shall be made

from or on a public street or highway without the prior consent of the

local governing authority and the prior approval of the administrator of

the federal aviation agency, except as provided for in subdivision (b)

of section three hundred sixty-one of the public authorities law.

10. Lights. Aircraft shall display lights in accordance with the

following rules:

(a) Between sunset and sunrise all aircraft in flight or operated or

underway on the water shall display position lights;

(b) Between sunset and sunrise all aircraft parked or moved within or

in dangerous proximity to that part of any airport used for, or

available to, night flight operations shall be clearly illuminated or

lighted unless the aircraft is parked or moved in an area marked with

obstruction lights;

(c) Between the hours of sunset and sunrise all aircraft at anchor

shall display an anchor light, or anchor lights, unless in an area

within which lights are not required for vessels at anchor;

(d) Position lights shall be installed on all aircraft in accordance

with rules and regulations affecting aircraft subject to the federal

civil air regulations.

11. Deviation from air traffic rules. Air traffic rules may be

deviated from when special circumstances render a departure necessary to

avoid immediate danger and when such departure is required because of

the stress of weather conditions or other unavoidable causes; provided,

however, that aircraft carrying passengers for hire shall not deviate

from the air traffic rules pertaining to minimum altitude of flight

because of stress of weather conditions.