§ 245 — Air traffic rules

§ 245. Air traffic rules. The following air traffic rules shall govern\nthe operations and use of aircraft in New York state, except that they\nshall not apply to aircraft used exclusively in the governmental service\nof the United States, or exclusively in the service of the national\nguard of this state:\n 1. Careless or reckless operation. No person shall operate an aircraft\nin a careless or reckless manner so as to endanger the life or property\nof others.\n 2. Minimum safe altitudes. Except when necessary for a take-off or\nlanding, no person shall operate aircraft below the following altitudes:\n (a) General. An altitude which will permit, in the event of the\nfailure of a power unit, an emergency landing without undue hazard to\npersons or property on the surface;\n (b) Over congested areas. Over congested areas of cities, towns,\nvillages or settlements, or over an open-air assembly of persons, an\naltitude of one thousand feet above the highest obstacle within a\nhorizontal radius of two thousand feet from the aircraft. Helicopters\nmay be flown at less than the minimum prescribed herein if such\noperations are conducted without hazard to persons or property on the\nsurface and at an altitude which will permit an emergency landing\nwithout undue hazard to persons or property on the surface;\n (c) Over other than congested areas. An altitude of five hundred feet\nabove the surface, except over open water or sparsely populated areas,\nand in no event closer than five hundred feet to any person, vessel,\nvehicle, or structure. Helicopters may be flown at less than the minimum\nprescribed herein if such operations are conducted without hazard to\npersons or property on the surface and at an altitude which will permit\nan emergency landing without undue hazard to persons or property on the\nsurface;\n (d) Industrial operations. Where essential to industrial operations\nand except over congested areas and over an open-air assembly of\npersons, aircraft may fly at an altitude lower than five hundred feet if\nsuch operations are conducted with extreme care and caution and with\nregard to the safety of persons or property on the surface.\n 3. Acrobatic flying. (a) No person shall engage in acrobatic flying\nover congested areas of cities, towns, settlements, or over an open-air\nassembly of persons.\n (b) Unless authorized by the federal aviation agency, no person shall\nengage in acrobatic flying:\n (1) Within any federal airway or control zone, or\n (2) When the flight visibility is less than three miles, or\n (3) Below an altitude of one thousand five hundred feet above the\nsurface.\n 4. Dropping objects. No person piloting an aircraft shall permit\nanything to be dropped from an aircraft in flight which might create any\nhazard to persons or property.\n 5. Water operations. An aircraft operating on the water shall, insofar\nas possible, keep clear of all vessels and avoid impeding their\nnavigation;\n (a) Crossing. The aircraft or vessel which has the other on its right\nshall give way so as to keep well clear;\n (b) Approaching head-on. When aircraft, or an aircraft and vessel,\napproach head-on, or approximately so, each shall alter its course to\nthe right to keep well clear;\n (c) Overtaking. The aircraft or vessel which is being overtaken has\nthe right-of-way, and the one overtaking shall alter its course to keep\nwell clear.\n (d) Special circumstances. When two aircraft, or an aircraft and\nvessel, approach so as to involve risk of collision, each shall proceed\nwith regard to existing circumstances and conditions including the\nlimitations of the respective craft.\n 6. Transportation of explosives and other dangerous articles. The\ntransporting of any explosives and dangerous devices other than small\narms ammunition in moderate quantity for personal use, necessary\naircraft signaling devices, fuel and equipment necessary to the safe\noperation of the aircraft and materials for industrial spraying, is\nprohibited. Dangerous devices shall include, but not exclusively,\ninflammable and non-inflammable compressed gas, poison gas and liquid,\npoisonous liquid and solid, and tear gas. Exceptions are permitted where\ntransportation is performed in accordance with federal rules.\n * 7. Liquor and drugs. No person shall pilot an aircraft or serve as a\nmember of the crew while under the influence of intoxicating liquor, or\ndrugs, nor shall any person be permitted to be carried in the aircraft\nwho is obviously under the influence of intoxicating liquor, or drugs,\nexcept a medical patient under proper care or in case of emergency.\n * NB There are 2 subs. 7\n * 7. Parachutes. No pilot in command of a civil aircraft shall allow a\nparachute that is available for emergency use to be carried in that\naircraft unless it is a type approved under regulations of the federal\naviation agency.\n * NB There are 2 subs. 7\n 9. Public streets or highways. No take-off or landing shall be made\nfrom or on a public street or highway without the prior consent of the\nlocal governing authority and the prior approval of the administrator of\nthe federal aviation agency, except as provided for in subdivision (b)\nof section three hundred sixty-one of the public authorities law.\n 10. Lights. Aircraft shall display lights in accordance with the\nfollowing rules:\n (a) Between sunset and sunrise all aircraft in flight or operated or\nunderway on the water shall display position lights;\n (b) Between sunset and sunrise all aircraft parked or moved within or\nin dangerous proximity to that part of any airport used for, or\navailable to, night flight operations shall be clearly illuminated or\nlighted unless the aircraft is parked or moved in an area marked with\nobstruction lights;\n (c) Between the hours of sunset and sunrise all aircraft at anchor\nshall display an anchor light, or anchor lights, unless in an area\nwithin which lights are not required for vessels at anchor;\n (d) Position lights shall be installed on all aircraft in accordance\nwith rules and regulations affecting aircraft subject to the federal\ncivil air regulations.\n 11. Deviation from air traffic rules. Air traffic rules may be\ndeviated from when special circumstances render a departure necessary to\navoid immediate danger and when such departure is required because of\nthe stress of weather conditions or other unavoidable causes; provided,\nhowever, that aircraft carrying passengers for hire shall not deviate\nfrom the air traffic rules pertaining to minimum altitude of flight\nbecause of stress of weather conditions.\n