Section 245. Air traffic rules

The following air traffic rules shall govern
  the  operations  and use of aircraft in New York state, except that they
  shall not apply to aircraft used exclusively in the governmental service
  of the United States, or exclusively in  the  service  of  the  national
  guard of this state:
    1. Careless or reckless operation. No person shall operate an aircraft
  in  a careless or reckless manner so as to endanger the life or property
  of others.
    2. Minimum safe altitudes. Except when necessary  for  a  take-off  or
  landing, no person shall operate aircraft below the following altitudes:
    (a)  General.  An  altitude  which  will  permit,  in the event of the
  failure of a power unit, an emergency landing without  undue  hazard  to
  persons or property on the surface;
    (b)  Over  congested  areas.  Over  congested  areas of cities, towns,
  villages or settlements, or over an open-air  assembly  of  persons,  an
  altitude  of  one  thousand  feet  above  the  highest obstacle within a
  horizontal radius of two thousand feet from the aircraft.    Helicopters
  may  be  flown  at  less  than  the  minimum  prescribed  herein if such
  operations are conducted without hazard to persons or  property  on  the
  surface  and  at  an  altitude  which  will  permit an emergency landing
  without undue hazard to persons or property on the surface;
    (c) Over other than congested areas. An altitude of five hundred  feet
  above  the  surface, except over open water or sparsely populated areas,
  and in no event closer than five hundred feet  to  any  person,  vessel,
  vehicle, or structure. Helicopters may be flown at less than the minimum
  prescribed  herein  if  such  operations are conducted without hazard to
  persons or property on the surface and at an altitude which will  permit
  an  emergency landing without undue hazard to persons or property on the
  surface;
    (d) Industrial operations. Where essential  to  industrial  operations
  and  except  over  congested  areas  and  over  an  open-air assembly of
  persons, aircraft may fly at an altitude lower than five hundred feet if
  such operations are conducted with extreme care  and  caution  and  with
  regard to the safety of persons or property on the surface.
    3.  Acrobatic  flying.  (a) No person shall engage in acrobatic flying
  over congested areas of cities, towns, settlements, or over an  open-air
  assembly of persons.
    (b)  Unless authorized by the federal aviation agency, no person shall
  engage in acrobatic flying:
    (1) Within any federal airway or control zone, or
    (2) When the flight visibility is less than three miles, or
    (3) Below an altitude of one thousand  five  hundred  feet  above  the
  surface.
    4.  Dropping  objects.  No  person  piloting  an aircraft shall permit
  anything to be dropped from an aircraft in flight which might create any
  hazard to persons or property.
    5. Water operations. An aircraft operating on the water shall, insofar
  as possible,  keep  clear  of  all  vessels  and  avoid  impeding  their
  navigation;
    (a)  Crossing. The aircraft or vessel which has the other on its right
  shall give way so as to keep well clear;
    (b) Approaching head-on. When aircraft, or  an  aircraft  and  vessel,
  approach  head-on,  or  approximately so, each shall alter its course to
  the right to keep well clear;
    (c) Overtaking. The aircraft or vessel which is  being  overtaken  has
  the  right-of-way, and the one overtaking shall alter its course to keep
  well clear.

    (d) Special circumstances. When  two  aircraft,  or  an  aircraft  and
  vessel,  approach so as to involve risk of collision, each shall proceed
  with regard to  existing  circumstances  and  conditions  including  the
  limitations of the respective craft.
    6.  Transportation  of  explosives  and other dangerous articles.  The
  transporting of any explosives and dangerous devices  other  than  small
  arms  ammunition  in  moderate  quantity  for  personal  use,  necessary
  aircraft signaling devices, fuel and equipment  necessary  to  the  safe
  operation  of  the  aircraft  and  materials for industrial spraying, is
  prohibited.  Dangerous  devices  shall  include,  but  not  exclusively,
  inflammable  and  non-inflammable compressed gas, poison gas and liquid,
  poisonous liquid and solid, and tear gas. Exceptions are permitted where
  transportation is performed in accordance with federal rules.
    * 7. Liquor and drugs. No person shall pilot an aircraft or serve as a
  member of the crew while under the influence of intoxicating liquor,  or
  drugs,  nor  shall any person be permitted to be carried in the aircraft
  who is obviously under the influence of intoxicating liquor,  or  drugs,
  except a medical patient under proper care or in case of emergency.
    * NB There are 2 subs. 7
    * 7. Parachutes. No pilot in command of a civil aircraft shall allow a
  parachute  that  is  available  for  emergency use to be carried in that
  aircraft unless it is a type approved under regulations of  the  federal
  aviation agency.
    * NB There are 2 subs. 7
    9.  Public  streets  or highways. No take-off or landing shall be made
  from or on a public street or highway without the prior consent  of  the
  local governing authority and the prior approval of the administrator of
  the  federal  aviation agency, except as provided for in subdivision (b)
  of section three hundred sixty-one of the public authorities law.
    10. Lights. Aircraft shall  display  lights  in  accordance  with  the
  following rules:
    (a)  Between  sunset and sunrise all aircraft in flight or operated or
  underway on the water shall display position lights;
    (b) Between sunset and sunrise all aircraft parked or moved within  or
  in  dangerous  proximity  to  that  part  of  any  airport  used for, or
  available to, night flight operations shall be  clearly  illuminated  or
  lighted  unless  the  aircraft is parked or moved in an area marked with
  obstruction lights;
    (c) Between the hours of sunset and sunrise  all  aircraft  at  anchor
  shall  display  an  anchor  light,  or  anchor lights, unless in an area
  within which lights are not required for vessels at anchor;
    (d) Position lights shall be installed on all aircraft  in  accordance
  with  rules  and  regulations  affecting aircraft subject to the federal
  civil air regulations.
    11. Deviation from  air  traffic  rules.  Air  traffic  rules  may  be
  deviated from when special circumstances render a departure necessary to
  avoid  immediate  danger  and when such departure is required because of
  the stress of weather conditions or other unavoidable causes;  provided,
  however,  that  aircraft  carrying passengers for hire shall not deviate
  from the air traffic rules pertaining  to  minimum  altitude  of  flight
  because of stress of weather conditions.