Tyrannical Bill Allows Indiscriminate Lawsuits Against Rotorcraft Operators

ANN RealTime Update, 1000ET, 12.16.22: We'll have more info shortly, but we have confirmed that Governor Hochul has vetoed this bill, noting that, “Regulation of aircraft and airspace is primarily a federal responsibility, and federal law significantly constrains the state’s ability to legislate in this area. Certain elements of this legislation run counter to the federal scheme regulating New York’s airports and airspace.”

Original Report: The State of New York’s Senate Bill S7493A has passed the New York State Assembly and State Senate, and been forwarded to the desk of Governor and controversial far-left figure Kathy Hochul. 

If emblazoned with the gubernatorial signature, the measure would allow anyone to sue a pilot, flight department, line service personnel, or company employee for alleged rotorcraft noise pollution by a flight operation in the state of New York—even if the operation was conducted in accordance with federal law and applicable Federal Aviation Regulations.

The NBAA and numerous aviation organizations strongly oppose New York Senate Bill S7493A and ask all aviation stakeholders and proponents of liberty to immediately contact Governor Hochul for purpose of urging her to veto the misguided, wholly subjective legislation—which represents an existential threat to business aviation across the state of New York.

As the matter is urgent and time is short, parties who’ve previously communicated their opposition to the bill are asked to repeatedly contact Governor Hochul and impress upon her office the vehemence of their convictions.

In New York, the general aviation industry accounts for 43,200 jobs and more than $8.6-billion in total economic output. Ergo, it is imperative the entirety of New York’s general aviation employees, as well as their families, friends, associates, and acquaintances prevail upon Governor Hochul to veto Senate Bill S7493A, which is manifestly detrimental to business aviation across the state of New York, and occasions yet another instance of governmental overreach in the Empire State.

Here follow key excerpts from New York Senate Bill S7493A:

PURPOSE OR GENERAL IDEA OF BILL:

This legislation would create a right of action against any person who creates an unreasonable level of sustained noise at ground level from a helicopter, amend the Hudson River Park Act to ban non-essential helicopter use from the park, and amend the New York City Charter to prohibit the city from entering concession agreements that allow for the use of heliports for non-essential use.

THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

COMPENSATION FOR NOISE POLLUTION BY ROTORCRAFT

1. For the purposes of this section, “ROTORCRAFT” means an aircraft whose lift is derived principally from rotating airfoils, including but not limited to a helicopter.
2. Any person who shall have suffered interference with the use and enjoyment of private property or public parkland by a rotorcraft used in a manner that creates an unreasonable level of sustained noise at ground level, including the interior, balcony, or other outdoor area of a building, shall have a right of action against any person, except a passenger with no control of the operation of the rotorcraft other than the selection of a pre-designated route, who shall have caused or contributed to the use of such rotorcraft in such manner.
3. Such action may be brought in any court of competent jurisdiction.

Governor Kathy Hochul can be contacted at:

New York Mailing address:
State Capitol Albany, NY 12224

New York Telephone Number:
518-474-8390

Washington D.C. Mailing Address:
444 North Capitol Street—Suite 301
Washington D.C. 20001

Washington D.C. Telephone Number:
202-434-7100

Email Form:
www.governor.ny.gov/content/governor-contact-form
 

FMI: www.governor.ny.gov