2023 New York Laws › GBS - General Business › Article 14 - Aircraft › 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.