Section 21403 Of Chapter 3. Regulation Of Aeronautics From California Public Utilities Code >> Division 9. >> Part 1. >> Chapter 3.
21403
. (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.