Provides that there shall be no duty to keep premises safe for entry or use by others for recreational aviation activities

1 Co-sponsor

• Joseph A. Griffo

BILL NUMBER:S4513

Title of bill

An act to amend the general obligations law, in relation to providing that there shall be no duty to keep premises safe for entry or use by others for recreational aviation activities

Purpose

To expand the scope of the law to include recreational aviation activities.

Summary of provisions

Section 1 - amends paragraph A of Section 9-103 of the General Obligations Law, adding recreational aviation to the list of activities where an owner or occupant of certain property owes no duty to keep the premises safe for entry or use by others.

Section 2 - provides for an immediate effective date.

Justification

This bill is intended to extend a measure of liability protection for private airfield owners similar to that provided to other property owners who allow their properties to be used recreationally.

When a private-use airport becomes operational, the Federal Aviation Administration (FAA) inspects the airport to see if it meets FAA standards for emergency use. If so, it is put on the aeronautical charts for pilots and pertinent information is available to air traffic controllers in the event of an in-flight emergency. Private airfield owners do not need to allow anyone to use their private-use airfields except in emergencies. However, pilots can contact private airfield owners to request permission to use their airfield in non-emergency situations, including non-commercial, recreational activities such as hunting, camping, fishing and regional tourism. Many airfield owners have restricted use due to liability concerns, but would be more willing to allow others to use their airfields if the law clearly limited their liability for others' occasional recreational use.

Fiscal implications

None.

Effective date

This act shall take effect immediately.