Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-08-29
UNIFORM LAW CODE
IN AVIATION URGED.
Draft of Proposed LegisIa-
ton Is Prepared by Bar
Committee.
BY DEAN DINwooDEY.

One more plan for uniformity of
State legislation regulating aviation has
been presented for consideration with
the numerous other proposals pre-
viously offered. This subject has re-
ceived the attention of many individ-
uals and organizations and has been
the topic of several conferences within
the last two or three years.
The draft Of a proposed uniform
aeronautics CODE" prepared by the
Standing Committee on Aeronautics of
the American Bar Association has Just
been announced for consideration of
the annual meeting of the association
at Atlantic City September II to 10.
New Features.
New features in this plan of the law
yers to remove some of the dificulties
besetting aircraft operators. by making
aercnautical laws and regulations iden-
tical in every State. merit the study Of
those seeking a solution of this prob
lem In no other field or industry,
probably, is uniform State legislation
more needed.
Acting on the belief that the old
rule of law to the effect that the own
ership of the air space above his land
was vested in the land owner is "a legal
untruth,' the committee has discarded
this long assumed property right. In
only two cases in this country has q
property owner challenged the use of
air space above his land for the opera
ton OF aircraft
In its aeronautical code the commit
tee provides that flight in aircraft
IL = 49,
fuL. unless at such low altitude as to
interfere with the then existing use TO
which the land or water is put by the
owner or unless so conducted as TO be
imminently dangerous TO persons or
property lawfully on the land or water
beneath" The code would not prevent,
it is suggested. an owner of land from
taking possession "of the superincum-
bent air space to any height to which
fancy may aspire and his pocketbook
permit"
Every state adopting the ccde would
have. an asronautical commission or
officer to promulgate and enforce avia-
ton rules and regulations. It also
would be given the broad injunction to
foster aviation in the State. An in
dustry so promising of convenience and
prosperity" as aviation should thus De
fostered, in the opinion CT the commit
Zee. lust as a State may encourage
agriculture, stock raising. egg produc-
ton or game and fish propagation"
Single Standard.
For the licensing of aircraft and air
men, the committee has adopted the
so-called single Standard under which
the State would require as a condition
to the operation of aircraft within its
boundaries a license of air-worthi-
ness or air competency, respectively.
issued by the Federal Government.
Conferences on uniform air laws have
heretofore split on the question Of
whether States should require State
licenses, Federal licenses or opt.9nally |
Though the legality Of the single |
standard" has seriously been ques-
toned, 20 OF the Al States having legis-
lation on the subject now require Fed
ersl licenses for all types OF flying.
Under the code the laws covering la
bility OF aircraft owners TO persons and
property on the ground would become
far less stringent Prior drafts of uni
form laws followed the law Of England
and other countries in making the air.
craft owner absolutely liable for injuries |
TO persons and property, irrespective of
the owners negligence, unless the in
jury is caused by the negligence Of the !
person injured. The proposed code pro- |
vides that the fact Of the injury shah |
be only prina facie evidence of negli- !,
gence on the part Of the operator of |
the aircraft In making this change |
the committee, expressing the hope for !
universally Of air transportation, |
states that It lis unwilling to join the !
r2nks of those passed on but not fol-
gotten solons who required man with
- =
train; or required a published notice
of intention to drive an automobile on
a public road: or fixed a maximum cf
eight miles per hour for self-prcpelled
vehicles"
sCopyrisht. ie3i)