Provides that there shall be no duty to keep premises safe for entry or use by others for recreational aviation activities.
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.
STATE OF NEW YORK ________________________________________________________________________ 4513 2011-2012 Regular Sessions IN SENATE April 8, 2011 ___________Introduced by Sen. SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary 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 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph a of subdivision 1 of section 9-103 of the gener- al obligations law, as separately amended by chapters 141 and 286 of the laws of 1984, is amended to read as follows: a. an owner, lessee or occupant of premises, whether or not posted as provided in section 11-2111 of the environmental conservation law, owes no duty to keep the premises safe for entry or use by others for hunt- ing, fishing, organized gleaning as defined in section seventy-one-y of the agriculture and markets law, canoeing, boating, trapping, hiking, cross-country skiing, tobogganing, sledding, speleological activities, horseback riding, bicycle riding, hang gliding, motorized vehicle opera- tion for recreational purposes, RECREATIONAL AVIATION ACTIVITIES, snow- mobile operation, cutting or gathering of wood for non-commercial purposes or training of dogs, or to give warning of any hazardous condi- tion or use of or structure or activity on such premises to persons entering for such purposes; S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10666-01-1