DOC

A GUIDE FOR CALIFORNIA

By Victoria Franklin,2014-03-20 14:36
8 views 0
A GUIDE FOR CALIFORNIA

    A GUIDE FOR CALIFORNIA AVIATION LAW ENFORCEMENT

    Prepared for California

    Law Enforcement Personnel

    by the State of California,

    Department of Transportation,

    Division of Aeronautics

    2002

    CONTENTS: Page #

Introduction 1

    Jurisdiction 2

     Scope 2

    Related Enforcement Actions 2

    Relevant Excerpts from State Statutes Fish and Game Code (FGC)

    Shooting Game from Aircraft 3

    Herding by Aircraft 3

    Driving Game Birds by Airplane 3

    Aircraft for Commercial Fishing Limited 3

    Flight Below 3000’ Prohibited Over Certain Areas 3

    Landing Aircraft in Wilderness Areas Restricted 4

    Access via Aircraft to Wilderness Areas for Hunting/Fishing Prohibited 4

    Food and Agriculture Code (FAC)

    Pilot’s Certificate to Operate Aircraft for Pest Control Purposes 4

    Registration of Pest Control Pilots 4

     Aircraft Garbage Disposal 4

    Government Code (GC)

    Search & Rescue Reimbursement 5

    Airport Approaches Zoning Law/Airport Hazard a Public Nuisance 5

    Liability for Emergency Response 6

    Health & Safety Code (HSC)

    Disposal of Cremated Remains at Sea by Aircraft 6

     Smoking Prohibited on Aircraft 6

    “No Smoking” Notice Requirements 6

    Penal Code (PC)

    False Reporting of a Bomb or Other Explosive 6

    Discharge of Firearm at Occupied Aircraft 7

    Discharge of Firearm at Unoccupied Aircraft 7

    Discharge of Laser at Aircraft 8

    Interference with Aircraft by Shining a Light 8

    Disabled Person Access to Public Transportation with Guide Dog 8

    Airplane Crash: Sightseeing at Scene 8

    Burglary of Aircraft Defined 9

    Unlawful to Possess Tools for Illegal Access to Aircraft 9

    Aircraft Theft a Felony 9

    Trespass on an Airport 10

    Illegal to Sell Services on an Airport without Owner’s Consent 10

    Willful or Malicious Damage to Aircraft 10

    Jurisdiction of Offenses Committed on Aircraft 11

    Authority to Arrest Without a Warrant for Carrying a Concealed Firearm 11

    Robbery or Hijacking of Public Conveyance: Reward for Information 11

    Placing or Carrying Explosive Devises on Aircraft 11

    Possession of Destructive or Explosive Devices on Aircraft 12

    Public Resources Code (PRC)

    Airport Facilities in State Parks 12 Wilderness Areas: Flight Below 2000’ and Landing Within Prohibited 12

    Public Utilities Code (PUC)

    Smoking Prohibited on Air Carriers 12 Excerpts from State Aeronautics Act:

    Pertinent Definitions as used within State Aeronautics Act 13

    Violations; Punishment 14

    Recognition of Federal Authority; Intrastate Rates 14

    Cooperation with Federal Agencies 15

    Administration 15

    Enforcement of Aeronautics Act 15

    Enforcement of Part; Injunction and Other Legal Process 15

    Reports of Violations to Federal and Other State Agencies 15

    Sovereignty 16

    Ownership; Prohibited Use of Airspace 16

    Lawful Flight; Flight Within Airport Approach Zone 16

    Tort Liability; Injury or Death of Passengers 16

    Limitation on Liability 17

    Tort Liability; Collision Damage 17

    Careless or Reckless Operation 17

    Operation While Under the Influence 17

    Consent to Chemical Testing 17

    Punishment for Violation of 21407.1 19

    Authority to Prohibit Violator from Operating Aircraft 19

    Unlicensed Operation 20

    Possession and Inspection of Certificate, License, Etc. 20

    Unlicensed Aircraft 20

    Posting Aircraft License; Inspection 20

    Process; Service on Nonresident or Agent 20

    Intoxicated Persons In or About Aircraft 21

    Locking Door Separating Pilot Compartment from Passenger Compartment 21

    Flying or Releasing Balloon, Kite or Rocket Near Airport as Misdemeanor 22

    Construction of Utility Pole or Line in Vicinity of Aircraft Landing Area 22

    Hazards Near Airports Prohibited 22

    Emergency Service Helicopters 22

    Emergency Flights for Medical Purposes 23

    Helicopters in Proximity to Certain Schools Prohibited 24

    Operation of an Airport Without Permit 24 Notification of Damage to Aircraft 24 Penalty for Failure to Comply with Section 24450 24

August 2002

    The California Department of Transportation (Caltrans), Division of Aeronautics, provides this updated version of its 1977 “California Laws Relating to Aeronautics –

    Special Enforcement Edition” pamphlet for your ready reference and use. Aircraft

    operations and aviation activities at airports must be conducted in a safe and legal manner.

    When conducted in a safe and legal manner, aircraft operations and aviation activity at airports contribute to the health and welfare of all California citizens. Airports of any size or category are contributors to any local economy from tourism access to business location; from transportation of goods, services, and people to providing jobs for local airport employees. Aircraft operations provide for emergency disaster and medical response to maintaining the important agriculture segment of the California economy through aerial application activity. Of course, personal transportation, whether for business or pleasure, contributes to the State’s economic viability and growth.

    Your active participation in ensuring the safe and legal use of aircraft and airports is important. This pamphlet will ai