State Statutes Pertaining to Landing on Roads in Western States
Part 2 of 2
Utah
Most relevant statutes:
https://le.utah.gov/xcode/Title72/Chapter10/72-10-S116.html?v=C72-10-S116_2016051020160510
72-10-116. Restrictions on use of lands or waters of another.
(1)
(a) The landing or taking off of aircraft on or from the lands or waters of another without consent is unlawful, except in the case of a forced landing.
(b) For damages caused by a takeoff or landing, the owner, lessee of the aircraft, operator, or any of them is liable.
(2)
(a) A student pilot may not land on any area without the knowledge of the operator, instructor, or school from which the student is flying.
(b) The use of private landing fields must not impose a hazard upon the person or property of others.
https://le.utah.gov/xcode/Title72/Chapter10/72-10-S117.html?v=C72-10-S117_1800010118000101
72-10-117. Aircraft landing permits -- Eligible aircraft -- Special licenses -- Rules -- Proof of insurance -- Bonds.
(1)
(a) The county executive of any county may issue permits authorizing aircraft to land on or take off from designated county roads.
(b) Permits may be issued to aircraft operated:
(i) as air ambulances;
(ii) as pesticide applicators; or
(iii) by or under contract with public utilities and used in connection with inspection, maintenance, installation, operation, construction, or repair of property owned or operated by the public utility.
(2) Permits may also be issued by the county executive to other aircraft under rules made by the division.
(3)
(a) In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules for issuing a special license to:
(i) an aircraft permitted by a county executive to land on a county road; and
(ii) a pilot permitted to operate an aircraft licensed under this subsection from a county road.
(b) The rules made under this subsection shall include provisions for the safety of the flying and motoring public.
(4) In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules for the landing and taking off of aircraft to which permits have been issued, which may include annual reports of activities of the aircraft.
(5) Prior to obtaining a permit or license to any aircraft, the applicant shall file with the county executive and the division a certificate of insurance executed by an insurance company or association authorized to transact business in this state upon a form prescribed by the division that there is in full force and effect a policy of insurance covering the aircraft for liability against:
(a) personal injury or death for any one person in an amount of $50,000 or more;
(b) any one accident in an amount of $100,000 or more; and
(c) property damage in an amount of $50,000 or more.
(6) In addition to the insurance required under this section, either the county executive or the division may require the posting of a bond to indemnify the county or division against liability resulting from issuing the permit or license.
Arizona
Most relevant statute:
http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/28/08278.htm
28-8278.
Landing prohibition; liability
A. Landing of aircraft on lands or waters of another without consent of the owner of the lands or waters is unlawful, unless it is a forced landing.
B. The owner or lessee of the aircraft or the aeronaut is liable for damages caused by a forced landing as provided in section 28-8273.
Montana
Most relevant statute:
http://leg.mt.gov/bills/mca/title_0670/chapter_0010/part_0020/section_0040/0670-0010-0020-0040.html
TITLE 67. AERONAUTICS
CHAPTER 1. GENERAL PROVISIONS
Part 2. Uniform Principles
Lawfulness Of Flight And Landings
67-1-204. Lawfulness of flight and landings. (1) Flight in aircraft over the lands and waters of this state is lawful, unless it is at such a low altitude as to interfere with the then-existing use to which the land or water or the space over the land or water is put by the owner or unless conducted as to be imminently dangerous to persons or property lawfully on the land or water or in violation of the air commerce regulations that have been or may be promulgated by the department of transportation of the United States.
(2) Aircraft landings and takeoffs from the public waters of this state are lawful if proper safety precautions regarding public waters, as prescribed in 14 CFR, part 91, are taken prior to the landing or takeoff, except as otherwise provided by this section.
(3) Aircraft landings and takeoffs from public roads in this state are lawful if proper safety precautions, as approved by the governing jurisdiction of the roads, are taken prior to the landing or takeoff, except as otherwise provided in this section. However, the local governing jurisdiction may not incur liability as a result of an approval under this subsection.
(4) A person may not operate an aircraft, as pilot of the aircraft, either in the air, on the water, or on the ground, in a careless or reckless manner so as to endanger the life or property of others, including the aircraft being operated and passengers carried in the aircraft.
(5) The willful and malicious use of aircraft in stunting or diving over livestock in a manner calculated to frighten or stampede them is an unlawful use of aircraft, and actual and punitive damages, in addition to the penalties provided by this part, may be recovered in an action for damages caused by the willful and malicious use of the aircraft. As used in this subsection, "livestock" includes ostriches, rheas, and emus.
(6) The landing of an aircraft on the private lands or waters of another without consent is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or the pilot is liable for actual damage caused by the forced landing.
(7) A person may not knowingly operate, attempt to operate, or be in actual physical control of an aircraft while under the influence of alcohol or drugs. "Under the influence" means that as a result of taking into the body alcohol, drugs, or any combination of alcohol and drugs, a person's ability to safely operate the aircraft has been diminished to the slightest degree.
(8) A person having information regarding a violation of subsection (7) shall report the information to the department.
History: En. Sec. 7, Ch. 17, L. 1929; re-en. Sec. 2736.7, R.C.M. 1935; amd. Sec. 1, Ch. 109, L. 1939; amd. Sec. 1, Ch. 16, L. 1949; amd. Sec. 1, Ch. 102, L. 1963; R.C.M. 1947, 1-603; amd. Sec. 1, Ch. 528, L. 1985; amd. Sec. 1, Ch. 542, L. 1987; amd. Sec. 7, Ch. 206, L. 1995.
Wyoming
Most relevant statute:
http://legisweb.state.wy.us/NXT/gateway.dll?f=templates&fn=default.htm
10-4-303. Low or dangerous flight; landing on land or water of another.
(a) Flight of aircraft, including unmanned aircraft, over the lands and waters of this state is lawful unless it is:
(i) At such a low altitude as to interfere with the existing use to which the land or water, or the space over the land or water, is put by the owner;
(ii) Conducted as to be imminently dangerous to persons or property lawfully on the land or water; or
(iii) In violation of the air commerce regulations promulgated by the department of transportation of the United States.
javascript:void(null);
(b) The landing of an aircraft, including an unmanned aircraft, on the lands or waters of another, without his consent, is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner, operator or lessee of the aircraft or the airman shall be liable for actual damage caused by the forced landing.
(c) Except as provided in subsection (a) of this section, nothing in this chapter shall be construed to prevent an operator or pilot from operating an aircraft, including an unmanned aircraft, over his own property.
Colorado
Nothing relevant found on the net or in:
http://law.justia.com/codes/colorado/2016/title-41/aircraft/
New Mexico
Nothing relevant found on the net or in:
http://law.justia.com/codes/new-mexico/2016/chapter-64/