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Chapter 3. Regulation Of Aeronautics of California Public Utilities Code >> Division 9. >> Part 1. >> Chapter 3.
Sovereignty in the space above the land and waters of this
state rests in the state, except where granted to and assumed by the
United States pursuant to a constitutional grant from the people of
the state.
The operation of aircraft in such space is a privilege subject to
the laws of this state.
The ownership of the space above the land and waters of this
State is vested in the several owners of the surface beneath,
subject to the right of flight described in Section 21403. No use
shall be made of such airspace which would interfere with such right
of flight; provided, that any use of property in conformity with an
original zone of approach of an airport shall not be rendered
unlawful by reason of a change in such zone of approach.
(a) Flight in aircraft over the land and waters of this
state is lawful, unless at altitudes below those prescribed by
federal authority, or unless conducted so as to be imminently
dangerous to persons or property lawfully on the land or water
beneath. The landing of an aircraft on the land or waters of another,
without his or her consent, is unlawful except in the case of a
forced landing or pursuant to Section 21662.1. The owner, lessee, or
operator of the aircraft is liable, as provided by law, for damages
caused by a forced landing.
(b) The landing, takeoff, or taxiing of an aircraft on a public freeway, highway, road, or street is unlawful except in the following cases:
(1) A forced landing.
(2) A landing during a natural disaster or other public emergency if the landing has received prior approval from the public agency having primary jurisdiction over traffic upon the freeway, highway, road, or street.
(3) When the landing, takeoff, or taxiing has received prior approval from the public agency having primary jurisdiction over traffic upon the freeway, highway, road or street. The prosecution bears the burden of proving that none of the exceptions apply to the act which is alleged to be unlawful.
(c) The right of flight in aircraft includes the right of safe access to public airports, which includes the right of flight within the zone of approach of any public airport without restriction or hazard. The zone of approach of an airport shall conform to the specifications of Part 77 of the Federal Aviation Regulations of the Federal Aviation Administration, Department of Transportation.
(b) The landing, takeoff, or taxiing of an aircraft on a public freeway, highway, road, or street is unlawful except in the following cases:
(1) A forced landing.
(2) A landing during a natural disaster or other public emergency if the landing has received prior approval from the public agency having primary jurisdiction over traffic upon the freeway, highway, road, or street.
(3) When the landing, takeoff, or taxiing has received prior approval from the public agency having primary jurisdiction over traffic upon the freeway, highway, road or street. The prosecution bears the burden of proving that none of the exceptions apply to the act which is alleged to be unlawful.
(c) The right of flight in aircraft includes the right of safe access to public airports, which includes the right of flight within the zone of approach of any public airport without restriction or hazard. The zone of approach of an airport shall conform to the specifications of Part 77 of the Federal Aviation Regulations of the Federal Aviation Administration, Department of Transportation.
Liability of the owner or pilot of an aircraft carrying
passengers for injury or death to the passengers is determined by the
rules of law applicable to torts on the land or waters of this
state, arising out of similar relationships. Every owner of an
aircraft is liable and responsible for death or injury to person or
property resulting from a negligent or wrongful act or omission in
the operation of the aircraft, in the business of the owner or
otherwise, by any person using or operating the same with the
permission, express or implied, of the owner.
(a) The liability of an owner, bailee of an owner, or
personal representative of a decedent imposed by Section 21404 and
not arising through the relationship of principal and agent or master
and servant is limited to the amount of fifteen thousand dollars
($15,000) for the death of or injury to one person in any one
accident and, subject to the limit as to one person, is limited to
the amount of thirty thousand dollars ($30,000) for the death of or
injury to more than one person in any one accident and is limited to
the amount of five thousand dollars ($5,000) for damage to property
of others in any one accident.
(b) An owner, bailee of an owner, or personal representative of a decedent is not liable under this section for damages imposed for the sake of example and by way of punishing the operator of the aircraft. Nothing in this subdivision makes an owner, bailee of an owner, or personal representative immune from liability for damages imposed for the sake of example and by way of punishing him for his own wrongful conduct.
(b) An owner, bailee of an owner, or personal representative of a decedent is not liable under this section for damages imposed for the sake of example and by way of punishing the operator of the aircraft. Nothing in this subdivision makes an owner, bailee of an owner, or personal representative immune from liability for damages imposed for the sake of example and by way of punishing him for his own wrongful conduct.
The liability of the owner of one aircraft to the owner of
another aircraft, or to operators or passengers on either aircraft,
for damage caused by collision on land or in the air, is determined
by the rules of law applicable to torts on land.
It is unlawful for any person to operate an aircraft in the
air, or on the ground or water in a careless or reckless manner so as
to endanger the life or property of another. In any proceeding
charging operation of aircraft in violation of this section, the
court in determining whether the operation was careless or reckless
shall consider the standards for safe operation of aircraft
prescribed by federal statutes or regulations governing aeronautics.
(a) It is unlawful for any person, who is under the
influence of an alcoholic beverage or any drug, or the combined
influence of an alcoholic beverage and any drug, to operate an
aircraft in the air, or on the ground or water, or to engage in
parachuting for sport.
(b) No person shall operate an aircraft in the air or on the ground or water who has 0.04 percent or more, by weight, of alcohol in his or her blood.
(b) No person shall operate an aircraft in the air or on the ground or water who has 0.04 percent or more, by weight, of alcohol in his or her blood.
(a) (1) (A) Any person who operates an aircraft in the air
or on the ground or water is deemed to have given his or her consent
to chemical testing of his or her blood or breath for the purpose of
determining the alcoholic content of his or her blood, if lawfully
arrested for any offense allegedly committed in violation of Section
21407.1 or if the officer requests chemical testing as part of any
investigation of a suspected violation of state or local law. If a
blood or breath test, or both, are unavailable, then paragraph (2) of
subdivision (d) applies.
(B) Any person who operates an aircraft in the air or on the ground or water is deemed to have given his or her consent to chemical testing of his or her blood or urine for the purpose of determining the drug content of his or her blood, if lawfully arrested for any offense allegedly committed in violation of Section 21407.1 or if the officer requests chemical testing as part of an investigation of a suspected violation of state or local law.
(C) The testing shall be administered at the direction of a peace officer having reasonable cause to believe the person was operating an aircraft in violation of Section 21407.1 under either of the following conditions:
(i) The person is lawfully arrested.
(ii) The officer requests the person to submit to chemical testing as part of an investigation of a suspected violation of state or local law.
(D) The person shall be told that his or her failure to submit to, or the failure to complete, the required chemical testing may result in prohibition from operating an aircraft for not more than one year and, if the person is convicted of a violation of Section 21407.1, a fine, imprisonment, prohibition from operating an aircraft for not more than one year, or any combination thereof.
(2) (A) If the person is lawfully arrested for operating an aircraft under the influence of an alcoholic beverage, the person has the choice of whether the test shall be of his or her blood or breath, and the officer shall advise the person that he or she has that choice. If the person arrested either is incapable, or states that he or she is incapable, of completing the chosen test, the person shall submit to the remaining test. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies.
(B) If the person is lawfully arrested for operating an aircraft under the influence of any drug or the combined influence of an alcoholic beverage and any drug, the person has the choice of whether the test shall be of his or her blood, breath, or urine, and the officer shall advise the person that he or she has that choice.
(C) A person who chooses to submit to a breath test may also be requested to submit to a blood or urine test if the officer has reasonable cause to believe that the person was operating an aircraft under the influence of any drug or the combined influence of an alcoholic beverage and any drug and if the officer has a clear indication that a blood or urine test will reveal evidence of the person being under the influence. The officer shall state in his or her report the facts upon which that belief and that clear indication are based. If the person who is arrested is either incapable or states that he or she is incapable of completing a blood test, that person shall submit to and complete a urine test. If the person arrested either is incapable, or states that he or she is incapable, of completing either chosen test, the person shall submit to and complete the other remaining test.
(3) If the person is lawfully arrested for an offense allegedly committed in violation of Section 21407.1 and, because of the need for medical treatment, the person is first transported to a medical facility where it is not feasible to administer a particular test of, or to obtain a particular sample of, the person's blood, breath, or urine, the person has the choice of those tests which are available at the facility to which that person has been transported. In that event, the officer shall advise the person of those tests which are available at the medical facility and that the person's choice is limited to those tests which are available.
(4) The officer shall also advise the person that he or she does not have the right to have an attorney present before stating whether he or she will submit to a test or tests, before deciding which test or tests to take, or during administration of the test or tests chosen, and that, in the event of refusal to submit to a test or tests, the refusal may be used against him or her in a court of law.
(5) Any person who is unconscious or otherwise in a condition rendering him or her incapable of refusal is deemed not to have withdrawn his or her consent and a test or tests may be administered whether or not the person is told that his or her failure to submit to, or the noncompletion of, the test or tests may result in a fine, imprisonment, and prohibition from operating an aircraft for not more than one year. Any person who is dead is deemed not to have withdrawn his or her consent and a test or tests may be administered at the direction of a peace officer.
(b) Any person who is afflicted with hemophilia is exempt from the blood test required by this section.
(c) Any person who is afflicted with a heart condition and is using an anticoagulant under the direction of a licensed physician and surgeon is exempt from the blood test required by this section.
(d) (1) A person lawfully arrested for any offense allegedly committed while the person was operating an aircraft in violation of Section 21407.1 may request the arresting officer to have a chemical test made of the arrested person's blood or breath for the purpose of determining the alcoholic content of that person's blood, and, if so requested, the arresting officer shall have the test performed.
(2) If a blood or breath test is not available under subparagraph (A) of paragraph (1) of subdivision (a), or under subparagraph (A) of paragraph (2) of subdivision (a), or under paragraph (1) of this subdivision, the person shall submit to the remaining test in order to determine the percent, by weight, of alcohol in the person's blood. If both the blood and breath tests are unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test.
(B) Any person who operates an aircraft in the air or on the ground or water is deemed to have given his or her consent to chemical testing of his or her blood or urine for the purpose of determining the drug content of his or her blood, if lawfully arrested for any offense allegedly committed in violation of Section 21407.1 or if the officer requests chemical testing as part of an investigation of a suspected violation of state or local law.
(C) The testing shall be administered at the direction of a peace officer having reasonable cause to believe the person was operating an aircraft in violation of Section 21407.1 under either of the following conditions:
(i) The person is lawfully arrested.
(ii) The officer requests the person to submit to chemical testing as part of an investigation of a suspected violation of state or local law.
(D) The person shall be told that his or her failure to submit to, or the failure to complete, the required chemical testing may result in prohibition from operating an aircraft for not more than one year and, if the person is convicted of a violation of Section 21407.1, a fine, imprisonment, prohibition from operating an aircraft for not more than one year, or any combination thereof.
(2) (A) If the person is lawfully arrested for operating an aircraft under the influence of an alcoholic beverage, the person has the choice of whether the test shall be of his or her blood or breath, and the officer shall advise the person that he or she has that choice. If the person arrested either is incapable, or states that he or she is incapable, of completing the chosen test, the person shall submit to the remaining test. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies.
(B) If the person is lawfully arrested for operating an aircraft under the influence of any drug or the combined influence of an alcoholic beverage and any drug, the person has the choice of whether the test shall be of his or her blood, breath, or urine, and the officer shall advise the person that he or she has that choice.
(C) A person who chooses to submit to a breath test may also be requested to submit to a blood or urine test if the officer has reasonable cause to believe that the person was operating an aircraft under the influence of any drug or the combined influence of an alcoholic beverage and any drug and if the officer has a clear indication that a blood or urine test will reveal evidence of the person being under the influence. The officer shall state in his or her report the facts upon which that belief and that clear indication are based. If the person who is arrested is either incapable or states that he or she is incapable of completing a blood test, that person shall submit to and complete a urine test. If the person arrested either is incapable, or states that he or she is incapable, of completing either chosen test, the person shall submit to and complete the other remaining test.
(3) If the person is lawfully arrested for an offense allegedly committed in violation of Section 21407.1 and, because of the need for medical treatment, the person is first transported to a medical facility where it is not feasible to administer a particular test of, or to obtain a particular sample of, the person's blood, breath, or urine, the person has the choice of those tests which are available at the facility to which that person has been transported. In that event, the officer shall advise the person of those tests which are available at the medical facility and that the person's choice is limited to those tests which are available.
(4) The officer shall also advise the person that he or she does not have the right to have an attorney present before stating whether he or she will submit to a test or tests, before deciding which test or tests to take, or during administration of the test or tests chosen, and that, in the event of refusal to submit to a test or tests, the refusal may be used against him or her in a court of law.
(5) Any person who is unconscious or otherwise in a condition rendering him or her incapable of refusal is deemed not to have withdrawn his or her consent and a test or tests may be administered whether or not the person is told that his or her failure to submit to, or the noncompletion of, the test or tests may result in a fine, imprisonment, and prohibition from operating an aircraft for not more than one year. Any person who is dead is deemed not to have withdrawn his or her consent and a test or tests may be administered at the direction of a peace officer.
(b) Any person who is afflicted with hemophilia is exempt from the blood test required by this section.
(c) Any person who is afflicted with a heart condition and is using an anticoagulant under the direction of a licensed physician and surgeon is exempt from the blood test required by this section.
(d) (1) A person lawfully arrested for any offense allegedly committed while the person was operating an aircraft in violation of Section 21407.1 may request the arresting officer to have a chemical test made of the arrested person's blood or breath for the purpose of determining the alcoholic content of that person's blood, and, if so requested, the arresting officer shall have the test performed.
(2) If a blood or breath test is not available under subparagraph (A) of paragraph (1) of subdivision (a), or under subparagraph (A) of paragraph (2) of subdivision (a), or under paragraph (1) of this subdivision, the person shall submit to the remaining test in order to determine the percent, by weight, of alcohol in the person's blood. If both the blood and breath tests are unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test.
(a) Any person convicted under Section 21407.1 shall be
punished upon a first conviction by imprisonment in the county jail
for not less than 30 days nor more than six months or by a fine of
not less than two hundred fifty dollars ($250) nor more than one
thousand dollars ($1,000) or by both that fine and imprisonment.
Any person convicted under Section 21407.1 shall be punished upon
a second or any subsequent conviction by imprisonment in the county
jail for not less than five days nor more than one year and by a fine
of not less than two hundred fifty dollars ($250) nor more than one
thousand dollars ($1,000), without being granted probation by the
court and without having the court suspend the execution of the
sentence.
(b) Any person convicted under Section 21407.1 and who, when so operating an aircraft, has done any act forbidden by law or neglects any duty imposed by law in the operation of the aircraft, which act or neglect proximately causes bodily injury to any person other than the operator shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in the county jail for not less than 90 days nor more than one year and by fine of not less than two hundred fifty dollars ($250) nor more than ten thousand dollars ($10,000).
(b) Any person convicted under Section 21407.1 and who, when so operating an aircraft, has done any act forbidden by law or neglects any duty imposed by law in the operation of the aircraft, which act or neglect proximately causes bodily injury to any person other than the operator shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in the county jail for not less than 90 days nor more than one year and by fine of not less than two hundred fifty dollars ($250) nor more than ten thousand dollars ($10,000).
For any violation of Section 21407 or 21407.1, in addition
to the penalties provided by Section 21019 or 21407.6, the court may
prohibit the violator from operating an aircraft within the state for
a period not exceeding one year. Violation of the prohibition of the
court may be treated as a separate offense under this section or as
a contempt of court. Upon a plea of guilty or conviction under
Section 21407 or 21407.1, the department shall cause a record of the
plea or conviction and of the sentence imposed to be maintained. This
section does not authorize the court or any other agency or person
to take away, impound, hold, or mark any federal certificate, permit,
rating, or license. The peace officer requesting that a person
submit to a chemical test of the blood, breath, or urine pursuant to
Section 21407.2 shall report anyone refusing to submit to the
chemical test to the Federal Aviation Administration for appropriate
administrative action.
It is unlawful for any person to engage in aeronautics as an
airman in the State unless he has an appropriate effective airman
certificate, permit, rating, or license issued by the United States
authorizing him to engage in the particular class of aeronautics in
which he is engaged, if the certificate, permit, rating, or license
is required by the United States.
Every airman shall keep any certificate, permit, rating, or
license required for him by the United States in his personal
possession when he is operating within the state. He shall present it
for inspection upon the demand of any peace officer, any other
officer of the state or of a political subdivision, or member,
official, or employee of the department, authorized by Section 21252
to enforce the aeronautics laws, or any official, manager, or person
in charge of any airport upon which the airman lands, or upon the
reasonable request of any other person.
It is unlawful for any person to operate, or cause or
authorize to be operated, any civil aircraft within this State unless
the aircraft has an appropriate effective certificate, permit, or
license issued by the United States if required by the United States.
Any certificate, permit, or license required by the United
States for an aircraft shall be carried in the aircraft at all times
while the aircraft is operating in the state, shall be conspicuously
posted in the aircraft where it may be readily seen by passengers or
inspectors, and shall be presented for inspection upon the demand of
any peace officer, any other officer of the state or of a political
subdivision, or member, official, or employee of the department,
authorized by Section 21252 to enforce the aeronautics laws, or any
official, manager, or person in charge of any airport upon which the
aircraft lands, or upon the reasonable request of any person.
The department shall report to the appropriate federal
agency all accidents in aeronautics in this state of which it is
informed, and shall, insofar as is practicable, preserve, protect,
and prevent the removal of the component parts of any aircraft
involved in an accident being investigated by it until the federal
agency institutes an investigation.
No person shall be in, or perform any act in connection with
the maintenance or operation of, any aircraft when under the
influence of intoxicating liquor.
This section does not apply to a person who is in an aircraft
merely as a passenger, but this section shall not be construed to
relieve any such person of criminal liability imposed by any other
law for being intoxicated while in an aircraft.
On all commercial aircraft which transport passengers for
compensation or hire the door which separates the pilot compartment
from the passenger compartment shall be kept locked at all times the
aircraft is in a flight over this state during which passengers are
being transported except:
(a) During takeoff and landing of the airplane when such door is the means of access to a required passenger emergency exit.
(b) At such times as it may be necessary to provide access to the flight crew or passenger compartments for the crew members in the performance of their duties, or to provide access for other persons authorized admission to the flight crew compartment. The pilot of the aircraft shall be guilty of a misdemeanor if the door is not so locked. It shall be unlawful for any person, except a member of the crew, to have in his possession in the passenger compartment at any time the aircraft is in a flight over this state during which passengers are being transported a key or other device for opening such door from the passenger side of the door.
(a) During takeoff and landing of the airplane when such door is the means of access to a required passenger emergency exit.
(b) At such times as it may be necessary to provide access to the flight crew or passenger compartments for the crew members in the performance of their duties, or to provide access for other persons authorized admission to the flight crew compartment. The pilot of the aircraft shall be guilty of a misdemeanor if the door is not so locked. It shall be unlawful for any person, except a member of the crew, to have in his possession in the passenger compartment at any time the aircraft is in a flight over this state during which passengers are being transported a key or other device for opening such door from the passenger side of the door.
(a) As used in this section, the following terms have the
following meanings:
(1) "Meteorological instrument" means an instrument for measuring and recording the speed of the wind.
(2) "Meteorological tower" means a structure, including all guy wires and accessory facilities, on which a meteorological instrument is mounted for the purposes of documenting whether a site has wind resources sufficient for the operation of a wind turbine generator.
(3) "Prime agricultural land" means land that satisfies the requirements of paragraph (1), (2), or (4) of subdivision (c) of Section 51201 of the Government Code.
(b) A meteorological tower below 200 feet in height and above 50 feet in height that is located on prime agricultural land, or within one mile of prime agricultural land, and erected after January 1, 2013, shall be marked as follows:
(1) The full length of the meteorological tower shall be painted in equal, alternating bands of aviation orange and white, beginning with orange at the top of the tower and ending with orange at the bottom of the marked portion of the tower. The bands shall be between 20 and 30 feet in width.
(2) Two or more high visibility spherical marker balls, also called cable balls, that are aviation orange shall be attached to each outside guy wire that is connected to a meteorological tower.
(3) One or more seven-foot high visibility safety sleeves shall be placed at each anchor point and shall extend from the anchor point along each guy wire attached to the anchor point.
(c) A light may be affixed to the highest point on a meteorological tower as an additional option for the marking of the meteorological tower.
(d) (1) A local agency may incorporate any requirements of this section into any applicable land use permit that the agency administers.
(2) This section shall not be construed to authorize a local agency to require a new permit that applies to a meteorological tower.
(3) To the extent that the requirements of this section conflict with local permitting requirements, the requirements of this section shall supersede those permitting requirements.
(e) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
(1) "Meteorological instrument" means an instrument for measuring and recording the speed of the wind.
(2) "Meteorological tower" means a structure, including all guy wires and accessory facilities, on which a meteorological instrument is mounted for the purposes of documenting whether a site has wind resources sufficient for the operation of a wind turbine generator.
(3) "Prime agricultural land" means land that satisfies the requirements of paragraph (1), (2), or (4) of subdivision (c) of Section 51201 of the Government Code.
(b) A meteorological tower below 200 feet in height and above 50 feet in height that is located on prime agricultural land, or within one mile of prime agricultural land, and erected after January 1, 2013, shall be marked as follows:
(1) The full length of the meteorological tower shall be painted in equal, alternating bands of aviation orange and white, beginning with orange at the top of the tower and ending with orange at the bottom of the marked portion of the tower. The bands shall be between 20 and 30 feet in width.
(2) Two or more high visibility spherical marker balls, also called cable balls, that are aviation orange shall be attached to each outside guy wire that is connected to a meteorological tower.
(3) One or more seven-foot high visibility safety sleeves shall be placed at each anchor point and shall extend from the anchor point along each guy wire attached to the anchor point.
(c) A light may be affixed to the highest point on a meteorological tower as an additional option for the marking of the meteorological tower.
(d) (1) A local agency may incorporate any requirements of this section into any applicable land use permit that the agency administers.
(2) This section shall not be construed to authorize a local agency to require a new permit that applies to a meteorological tower.
(3) To the extent that the requirements of this section conflict with local permitting requirements, the requirements of this section shall supersede those permitting requirements.
(e) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
