State Aeronautics ActRegulation of Aeronautics
Section § 21401
This law states that California has control over the airspace above its land and waters, unless that control is granted to the United States through a constitutional agreement. Flying aircraft in this airspace is a privilege and must comply with California's laws.
Section § 21402
This law explains that the airspace above land and water in the state belongs to the person who owns the land or water beneath it. However, this ownership is subject to the rights of aircraft to fly over this airspace as described in Section 21403. You cannot use the airspace in a way that would disrupt these flying rights. If you are using your property according to the original airport approach zone rules, changes to these rules won't make your current use unlawful.
Section § 21403
Flying an aircraft over California is generally allowed as long as it's at safe altitudes set by federal law and not endangering people or property below. Landing without the owner's consent is not allowed unless it's an emergency, and the responsible parties can be held liable for any damage from a forced landing. Landing or taking off from public roads is illegal unless it's an emergency, during a natural disaster with prior approval, or if specially approved by traffic authorities. The prosecution must prove that no exceptions apply in unlawful cases. Aircraft have the right to safely access public airports, and this includes flight within airport approach zones following federal standards.
Section § 21404
This law states that if a passenger is injured or dies in an aircraft, the owner or pilot is liable based on the same rules that apply to injuries on land or water. The aircraft owner is held responsible if the injury or death results from negligence or wrongful actions during the aircraft's operation. This applies whether the aircraft is used for business or any other purpose, as long as the person operating the aircraft has the owner's permission, whether spoken or understood.
Section § 21404.1
This section outlines the financial limits on liability for owners, bailees (people temporarily holding the property of others), or personal representatives of a deceased person involved in an accident that's not based on employee or agent relationships. For one person's death or injury, the limit is $15,000. If more than one person is affected in a single accident, the overall limit is $30,000. For property damage, the limit is $5,000 per accident.
Furthermore, these individuals are not responsible for extra damages meant to punish the aircraft operator unless those damages are for personal wrongful acts.
Section § 21405
This law specifies that if one aircraft crashes into another, whether on the ground or in the air, the owner of the first aircraft is responsible for damages based on the usual legal principles for accidents happening on land. Essentially, it treats airplane collisions with the same legal rules as car accidents.
Section § 21407
This law makes it illegal for anyone to operate an aircraft carelessly or recklessly in a way that could endanger someone's life or property. If someone is taken to court for violating this law, the court will look at federal safety standards for aircraft to decide if their actions were careless or reckless.
Section § 21407.1
This law makes it illegal to operate an aircraft or engage in sport parachuting if you're under the influence of alcohol, drugs, or both. Additionally, you cannot operate an aircraft if your blood alcohol level is 0.04% or higher.
Section § 21407.2
This law states that if someone is operating an aircraft and is lawfully arrested for suspected violations related to being under the influence, they automatically give consent to have their blood, breath, or urine tested for alcohol or drugs. The person has a choice of which test to take, but must comply with testing if requested by an officer. Refusal to take the test can lead to a ban on flying for up to a year and potentially other penalties. Special conditions apply if the person is unconscious or needs medical treatment, while those with hemophilia or certain heart conditions on anticoagulants are exempt from blood tests. If certain tests are unavailable, the person must take the alternative option.
Section § 21407.6
If a person is convicted under the specific section related to aircraft operation (21407.1), they face jail time of 30 days to 6 months, a fine between $250 and $1,000, or both for a first offense. For a second or further offense under the same section, the jail time is 5 days to 1 year with the same fine range, but they cannot get probation or have the sentence suspended.
If someone, while operating an aircraft and violating the law, causes injury to someone else, they can be imprisoned under different terms (Penal Code Section 1170), or jailed for 90 days to a year, and fined $250 to $10,000.
Section § 21408
If someone breaks certain aircraft operating rules in California, the court can stop them from flying an aircraft in the state for up to a year. Not following this ban can lead to more charges. The person's guilty plea or conviction will be recorded, but the court can't take away any federal flying licenses. If someone refuses to take a blood, breath, or urine test as requested by a peace officer, the officer must report this to the Federal Aviation Administration.
Section § 21409
This law says that if you're flying an aircraft in California, you need to have the proper certificate, permit, rating, or license issued by the United States. This is necessary to make sure you're authorized to fly the type of aircraft you're flying. If federal rules require a license for what you're doing, then you have to have one to be legal in the state.
Section § 21410
If you're an airman in California, you need to always have your required certificate, permit, rating, or license on you when flying. You must show it if any authorized person like a peace officer, state official, or airport manager asks to see it.
Section § 21411
You can't fly a civil aircraft in the state unless it has a valid certificate, permit, or license from the United States, if such documentation is required by the US.
Section § 21412
If you're flying an aircraft in California, you must have all necessary federal certificates, permits, or licenses on board at all times. These documents need to be displayed where passengers or inspectors can easily see them. You also have to show them to any relevant officials or airport managers upon request.
Section § 21413
This law requires the department to inform a federal agency about any aircraft accidents in the state that it learns about. Additionally, the department must try to preserve and protect the parts of any aircraft involved in these accidents, preventing their removal until the federal agency starts its investigation.
Section § 21415
This law states that no one can be involved in flying or maintaining an aircraft if they are drunk. Passengers are not covered by this rule, but they can still get in trouble under other laws if they are drunk on a plane.
Section § 21416
This law requires that the door separating the pilot's area from the passenger area on commercial flights must stay locked when flying over the state while carrying passengers. The door can only be unlocked during takeoff and landing if it's needed as an emergency exit for passengers. It can also be opened when necessary for the crew to perform their duties or when someone is authorized to enter the pilot's area.
The pilot will face a misdemeanor charge if the door is not kept locked as required. Additionally, it is illegal for anyone other than a crew member to have a key or device to unlock the door from the passenger side while the plane is in flight over this state.