§ 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.