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Ch. 13
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236
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LAWS OF MARYLAND
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to require automatic issuance of a license
under §5-904 of this subtitle even if, for
example, an instructor of the air school is a
drug addict or guilty of dangerous conduct.
Clarifying legislation would seem appropriate.
5-906. PENALTIES.
ANY PERSON WHO VIOLATES ANY PROVISION OF THIS
SUBTITLE IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS
SUBJECT TO A FINE NOT EXCEEDING $500.
REVISOR'S NOTE: This section presently appears as
the third sentence of Art. 1A, §6-603(c).
The only changes are in style.
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SUBTITLE 10. OPERATION OF AIRCRAFT.
5-1001. LAWFULNESS OF OPERATION.
(A) LEGISLATIVE POLICY.
THESE IS A PUBLIC RIGHT TO FREEDOM OF TRANSIT IN AIR
COMMERCE THROUGH THE AIRSPACE OF THIS STATE.
(B) OPERATION OVER LANDS AND WATERS.
THE OPERATION OF AIRCRAFT OVER THE LANDS AND WATERS
OF THIS STATE IS LAWFUL, UNLESS THE OPERATION IS:
(1) AT SO LOW AN ALTITUDE AS TO INTERFERE
WITH ANY LAWFUL EXISTING USE OF THE LAND OR WATER OR THE
SPACE ABOVE THE LAND OR WATER; OR
(2) CONDUCTED IN A MANNER IMMINENTLY
DANGEROUS TO PERSONS OR PROPERTY LAWFULLY ON THE LAND OR
WATER.
(C) LANDING AN AIRCRAFT.
(1) EXCEPT FOR A FORCED OR EMERGENCY LANDING,
A PERSON MAY NOT LAND AN AIRCRAFT ON THE LANDS OR WATERS
OF ANY OTHER PERSON WITHOUT THE CONSENT OF THAT OTHER
PERSON.
(2) FOR DAMAGES CAUSED BY A FORCED OR
EMERGENCY LANDING, A PERSON IS LIABLE AS SET FORTH IN
§5-1005 OF THIS SUBTITLE.
REVISOR'S NOTE: This section presently appears as
Art. 1A, §3-303.
In the introductory language of subsection (b)
of this section, the more precise term
"operation of aircraft" is substituted for
"{f}light in aircraft"; this conforms to the
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