Establishes the offense of aiming a laser at an aircraft

Summary of provisions

Section 1: Amends the penal law by adding a new section 240.64 which creates the crime of aiming a laser at an aircraft. A person is guilty of such crime when he or she with the intent to disrupt the safe travel of an aircraft aims the beam of a laser into airspace with the intent to target or interfere with aircraft in the special aircraft jurisdiction of the United States, or at an aircraft or in the immediate vicinity of an aircraft and such beam exceeds the limits set by the FAA for the FAA specified laser flight zone where the aircraft was located: and a pilot in the illuminated aircraft files a laser incident report with the FAA.

The term laser shall mean any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam.

This section does not prohibit aiming a laser at an aircraft by an authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the FAA, or any other person authorized by the FAA to conduct such research and development or flight test operations or members or elements of the United States Department of Defense or Homeland Security acting in an official capacity; or an individual in an emergency situation using a laser to attract the attention of an aircraft for bona fide rescue purposes: or an individual whose laser operations have been submitted to and reviewed by the FAA.

Justification

The U.S. Federal Aviation Administration said there were 2,836 reports of lasers being pointed at aircraft during calendar year 2010. This is over seven incidents every single night, and is 185% greater than 2009's figure of 1,527 reported incidents.

The increase in reports is likely due to a number of factors, including the availability of inexpensive laser devices on the Internet: higher power levels that enable lasers to hit aircraft at higher altitudes: increased pilot reporting of laser strikes: and the introduction of Green lasers, which are more easily seen than red lasers.

The use of lasers targeting aircrafts poses serious risks to pilots and their passengers, particularly during critical operations such as landings and takeoffs. At its worst, a strong laser beam flash, akin to a camera flash, could cause temporary loss of vision or reduced night vision. Eye injuries have even been reported by some pilots.One

such example occurred on February 20th, 2011 when a Southwest Airlines flight with more than 130 people on board was making its final approach to the Baltimore-Washington International Thurgood Marshall Airport. While the plane was at an altitude of about 2,000 feet, someone on the ground aimed a laser at it, sending a bright beam into the cockpit as the pilots were preparing to land. The aircraft arrived safely but the pilot and co-pilot reportedly suffered eye injuries.

To date, no aircraft accidents have been attributed to lasers aimed at cockpits, but anything that interferes with a pilot's ability to do his or her job is a public safety matter that needs to be taken seriously.

Legislative history

New bill

Fiscal implications

None.

Effective date

This act shall take effect on the first November next succeeding the date on which it shall have become a law.