NYC Council to reconsider helicopter restrictions
Aviation coalition points out it may violate federal law
The New York City Council is reconsidering a bill that would ban many commercial helicopter operations at two city-owned heliports to “reduce noise.” A coalition of six aviation industry organizations, including AOPA, said such a move would overstep the city’s authority because aviation is regulated on a federal level.
This is the third attempt in recent years to curb helicopter operations in New York City through a variety of measures. In 2022, the New York state legislature introduced a bill designed to restrict helicopter operations by allowing citizens to file frivolous lawsuits over noise, but the effort was stopped by a coalition of aviation industry advocates, including AOPA.
Last week, a new version of the same bill was introduced that would ban “non-essential” flights using helicopters that do not meet Stage 3 noise standards, affecting operators that fly many popular helicopter models, including those made by AgustaWestland (now Leonardo), Airbus, Bell, and Sikorsky.
The city’s third public heliport, West 30th St Heliport, would not be affected since it is not city-owned, but an additional City Council bill last year asking state lawmakers to enact a similar ban at that heliport also stalled.
The same coalition of industry partners, including AOPA, is working to educate city leaders on the negative economic impact and legal ramifications this legislation would have on New York City.
The bill exempts fire, medical, and police flights from the ban, as well as newsgathering and commercial photography operations. But in an April 21 letter to the city council, the coalition points out that “without the revenue from all of the types of flights that the heliports currently accommodate, their operation would become financially unsustainable.”
The coalition also pointed out the proposal conflicts with federal law. Specifically, the aviation groups argue, aviation noise regulations and operational limits are governed exclusively at the federal level, not state or local. In addition, it says federal law prohibits regulating “the prices, routes, and services of air carriers,” including FAR Part 135 operators, which make up most of the commercial operations at the affected heliports.
The letter also says current restrictions already placed on operators at the two heliports also likely violate the Airport Noise and Capacity Act of 1990 and other federal statutes. If the new bill passes, the coalition warns, all restrictions could face legal challenges.
The industry coalition has commenced an email campaign encouraging its respective memberships to contact the New York City Council to oppose the measure. AOPA members located within the five New York City boroughs are encouraged to contact their local city council member.
Related Articles
