Tennessee § 42-1-202 - Reckless operation of aircraft unlawful — Definitions.

§ 42-1-202. Reckless operation of aircraft unlawful — Definitions.

It is unlawful for any person to operate aircraft recklessly upon or over any area within the jurisdiction of this state. For the purposes of this part, “recklessly” means either: The operation of aircraft, other than helicopters, at a height above the ground level over which the aircraft is being operated less than five hundred feet (500'); provided, that such operation of aircraft in time of emergency, when landing or taking off from any landing area, or when engaged in crop dusting, or health and sanitation control, fire patrol, or when simulating landings over open areas under the supervision of a flying instructor, shall not be deemed to be reckless operation; The exemption for low flying in connection with landing or taking off shall apply only within a radius of three (3) miles from the landing area from which the plane has taken off or upon which it is about to land; “Emergency” includes any time when the atmospheric conditions are such that the ceiling is lower than seven hundred fifty feet (750') above the ground level; or when an aircraft is being operated with mechanical defects that did not exist or that were not apparent prior to the taking off of the aircraft; or at any other time when the safety of the pilot or any passenger requires abnormally low flight; The stunting of an aircraft at a height above the ground level over which the aircraft is being operated less than one thousand five hundred feet (1,500'). “Stunting” includes the operation of any aircraft whether the ignition be cut off or not, the steep diving of any aircraft at an angle exceeding forty-five degrees (45°) from horizontal, the looping of any aircraft, the spinning of any aircraft, the sharp turning of any aircraft in horizontal flight when the plane is banked at an angle exceeding sixty degrees (60°) from the horizontal, the slow rolling of any aircraft, the snap rolling of any aircraft, or other acrobatics, or when any aircraft is operated not in conformance with normal flight; or The operation of any aircraft in such a manner as to unnecessarily endanger the life of any person, either within or without the aircraft. Acts 1947, ch. 132, § 2; C. Supp. 1950, § 2726.2 (Williams, § 2726.63); T.C.A. (orig. ed.), § 42-113. Collateral References. Flight of aircraft as nuisance. 79 A.L.R.3d 253. Validity, construction, and application of state criminal statute prohibiting reckless operation of aircraft. 89 A.L.R.3d 893.