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

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S4513-2011 Actions

• Jan 4, 2012: REFERRED TO JUDICIARY
• Apr 8, 2011: REFERRED TO JUDICIARY

S4513-2011 Memo

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.

S4513-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4513

                         2011-2012 Regular Sessions

                              I N  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