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MARVIN MANDEL, Governor 237
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general usage in this title (cf., §5-101(j) of
this title) and avoids a construction that
would make this section apply to a mere
passenger in an aircraft, even if he has no
control over the manner in which it is
operated.
In subsection (b)(1) of this section, the
phrase "lawful existing use of the land ..."
is substituted for "existing use to which the
land ... is put by the owner", for clarity and
to avoid an unintended reading that, for
example, would permit interference with a
lessee or other person lawfully using the
property.
In subsection (c)(2) of this section, the terra
"a person" is substituted for "the owner or
lessee ... {or} the airman" for simplicity.
The only other changes are in style.
As to subsection (b)(2) of this section, the
Commission notes that the provision is limited
only to danger to persons or property
"lawfully" on the land or water. The General
Assembly might consider whether or not the
issue of lawful presence ought not be solely a
matter between the owner of the property and
the person using or on it. A pilot is rarely
in the position to know whether the presence
of persons on property below is in fact
lawful, and, arguably, any reasonable belief
that persons or property are below should be
sufficient reason for caution against
imminently dangerous flight.
As to subsection (c) (1) of this section, the
Commission notes that the term "forced
landing" has a technical - possibly unintended
- narrow meaning, referring only to a
mechanically necessary landing. A better term
might be "emergency landing", which would
include any landing required to preserve lives
or property. For example, an aircraft about
to run out of fuel short of its destination
might have to make an "emergency landing";
this, in an appropriate spot of the pilot's
choosing. A "forced landing" would occur only
after the aircraft actually was out of fuel,
leaving the pilot no real choice as to where
to land.
5-1002. REGISTRATION OF AIRCRAFT.
(A) REGISTRATION REQUIRED.
EXCEPT AS OTHERWISE PROVIDED IN RULES AND
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