702 CMR: MASSACHUSETTS DEPARTMENT OF TRANSPORTATION:
AERONAUTICS COMMISSIONDIVISION
702 CMR 4.00: FLIGHT RULES
702 CMR 4.00: M.G.L. c. 90, § 39.
Section
Sections
4.01:
4.02:
4.03:
4.04:
4.05:
4.06:
4.07:
4.08:
4.09:
4.10:
4.11:
4.12:
4.13:
4.14:
4.15:
4.16:
4.17:
4.18:
4.19:
4.20:
4.21:
Preflight ActionAuthority of Operator
Negligent Operation
Airspace Restricted Areas
Right of Way
Proximity of Aircraft
Acrobatic Flight
Minimum Safe Altitudes
Operations on and in the Vicinity of an Airport
Air Traffic Control Instructions
Adherence to Air Traffic Clearances
Operating on Water
Aircraft Lighting
Use of Liquor, Narcotics or Drugs
Student Pilot Limitations
Parachutes and Parachute Jumps
Parachute Jump Centers
Towing by Aircraft
Dropping Objects
Landing Restrictions
Carrying Passengers for Hire
Operation of Airplanes in the Boston-Logan Airport Area
4.01: Preflight ActionAuthority of Operator
Before beginning a flight, the pilot in command of the aircraft shall familiarize himself with all
available information appropriate to the intended operation. Preflight action or flights away from
the vicinity of an airport, and for all IFR flights, shall include a careful study of available current
weather reports and forecasts, taking into consideration fuel requirements and an alternate course
of action if the flight cannot be completed as planned.
4.02: Negligent Operation
No person shall operate an aircraft negligently so as to endanger the life or property of another.
The following shall be considered prima facie evidence of negligent operation:
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(1)
“Buzzing”, diving on or flying in close proximity to, a group of persons, farm, livestock,
home, any structure, vehicle or vessel on the ground.
(2)
Operating aircraft at such a low altitude as to endanger persons or property on the surface
or passengers within the aircraft. Such operation may also constitute a violation of 702 CMR
4.07.
(3)
Operator lacking vigilance in observing and avoiding other air traffic. (A pilot should
first determine that the area in which any maneuver is to be performed, either on the ground or in
flight, is free and clear of any other aircraft or objects.)
(4)
Passing other aircraft too closely.
(5)
Operating aircraft above a cloud layer in accordance with VFR minimums resulting in the
pilot becoming involved in instrument flight; unless, the pilot possesses a valid instrument rating,
the aircraft is properly equipped for instrument flight and all IFR requirements are observed.
4.03: Airspace Restricted Areas
No person shall operate an aircraft within an airspace restricted area or danger area unless
permission for such operation has been issued by appropriate authority.
4.04: Right of Way
(1)
Distress. Operators of all other aircraft shall give way to aircraft in distress.
(2)
Passing. Aircraft passing over or under another or crossing ahead of another shall be
operated so as to keep out of the way and pass or cross well clear of the other.
(3)
Converging. Aircraft being operated so as to converge shall give way to other aircraft of a
different category in the following order, but under any circumstances, mechanically driven
aircraft shall give way to aircraft which are seen to be towing other aircraft.
(a) Airplanes and rotorcraft shall give way to airships, gliders and balloons;
(b) Airships shall give way to gliders and balloons;
(c) Gliders shall give way to balloons;
(d) When two or more aircraft of the same category are converging at approximately the
same altitude, the course of each shall be altered so as to give way to the aircraft on the right.
(4)
Approaching Head-On. When aircraft are being operated so that they are approaching
head-on, or approximately so, the course of each shall be altered to the right.
(5)
Overtaking. Aircraft being overtaken have the right-of-way and the overtaking aircraft,
whether climbing, descending or in horizontal flight, shall be kept out of the way of the other.
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(6)
Landing. Aircraft while on final approach to land, or while landing, have the right-of-way
over other aircraft in flight or being operated on the surface. When two or more aircraft are
approaching an airport for the purpose of landing, the aircraft at the lowest altitude has the rightof-way, but the operator shall not take advantage of this rule to cut in front of another which is
on final approach to land, or to overtake that aircraft.
4.05: Proximity of Aircraft
No person shall operate an aircraft in such proximity to other aircraft so as to create a collision
hazard. No person shall operate an aircraft in formation flight when passengers are carried for
hire. No aircraft shall be operated in formation flight except by prearrangement between the
pilots in command of such aircraft.
4.06: Acrobatic Flight
No person shall operate an aircraft in acrobatic flight when:
(1)
Over thickly settled areas or districts, or over an open-air assembly of persons;
(2)
Within any civil airway or control zone;
(3)
Flight visibility is less than three miles; or
(4)
Below an altitude of 1500 ft. above the surface.
4.07: Minimum Safe Altitudes
Except when necessary for takeoff or landing, no person shall operate an aircraft below the
following altitudes, according to designated locations and conditions.
(1)
General. An altitude which will permit, in the event of the failure of a power unit, an
emergency landing without undue hazard to persons or property on the surface.
(2)
Over Thickly Settled Areas or Districts or Over an Open-Air Assembly of Persons. An
altitude of 1000 ft. above the highest obstacle within a horizontal radius of 2000 ft. from the
aircraft. Rotorcraft may be flown at less than the minimum prescribed herein if such operations
are conducted without undue hazard to persons or property on the surface and in accordance with
702 CMR 4.07(1).
(3)
Over Areas or Districts Not Thickly Settled. An altitude of 500 ft. above the surface.
Over open country or over open water, unlimited, except that aircraft shall not be operated closer
than 500 ft. to any person, vessel, vehicle or structure. Rotorcraft may be flown at less than the
minimums prescribed herein if such operations are conducted without undue hazard to persons or
property on the surface and in accordance with 702 CMR 4.07(1).
4.08: Operations on and in the Vicinity of an Airport
Airplanes shall be operated on and in the vicinity of an airport in accordance with the following:
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(1)
When approaching for landing or departing after takeoff, all turns shall be made to the
left unless visual markings on the airport indicate that all turns are to be made to the right, or
unless otherwise authorized by Air Traffic Control.
(2)
If Air Traffic Control is in operation, contact shall be maintained with such control, either
visually or by radio, to receive any Air Traffic Control instructions which may be issued.
(3)
When making a succession of landings or takeoffs, a rectangular traffic pattern shall be
followed. Airplanes being operated in conformance with such a traffic pattern shall have the
right-of-way over airplanes entering or leaving the vicinity of the airport and not conforming to
the traffic pattern.
4.09: Air Traffic Control Instructions
No person shall operate an aircraft contrary to Air Traffic Control instructions in areas where Air
Traffic Control is exercised.
4.10: Adherence to Air Traffic Clearances
When an air traffic clearance has been obtained under either VFR or IFR, the pilot in command
of the aircraft shall not deviate from the provisions thereof unless an amended clearance is
obtained. In case emergency authority is used to deviate from the provisions of an air traffic
clearance, the pilot in command shall notify Air Traffic Control as soon as possible and, if
necessary, obtain an amended clearance.
4.11: Operating on Water
Persons operating aircraft on the water under the following situations or conditions shall comply
with the regulation for each situation or condition insofar as possible with respect to other
aircraft or vessels:
(1)
General. Aircraft shall be operated so as to keep well clear of all vessels and avoid
impeding their navigation.
(2)
Crossing. Aircraft being operated so that it has another aircraft or vessel on its right shall
give way so as to keep well clear.
(3)
Approaching Head-On. Aircraft approaching other aircraft or vessels head-on, or
approximately so, shall alter course to the right to keep well clear.
(4)
Overtaking. Aircraft or vessels being overtaken have the right-of-way, and the course of
the overtaking aircraft shall be altered to keep well clear.
(5)
Proximity. An aircraft shall not be operated on the surface of the water within 150 ft. of a
boat or another aircraft except when it may be impracticable to maintain this distance because of
a narrow channel.
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(6)
Surface Navigation. Aircraft shall be navigated according to such laws and regulations of
the Commonwealth governing the navigation and operation of water craft as are not inconsistent
with laws and regulations of the federal government governing navigation and operation of
seaplanes.
4.12: Aircraft Lighting
Operators shall display lights on aircraft from sunset to sunrise in accordance with 702 CMR
4.12(1) through (3):
(1)
Position lights shall be displayed on all aircraft in flight or being operated on the ground
or on the water.
(2)
All aircraft parked or moved within or in dangerous proximity to that portion of an
airport used or available for night flight operations shall be clearly illuminated or lighted, unless
that aircraft is parked or moved in an area marked with obstruction lights.
(3)
Anchor lights shall be displayed on all aircraft at anchor, unless in an area within which
lights are not required for vessels at anchor.
4.13: Use of Liquor, Narcotics or Drugs
No person shall operate an aircraft or serve as a member of the crew while under the influence of
intoxicating liquor or use any drug which affects his faculties in any manner contrary to safety. A
pilot shall not permit any person to be carried in the aircraft who is obviously under the influence
of intoxicating liquor or drugs, except a medical patient under proper care, or in case of
emergency.
4.14: Student Pilot Limitations
A student pilot shall not operate an aircraft:
(1)
While carrying a passenger;
(2)
For hire or reward or in furtherance of a business;
(3)
Outside a local flying area designated by his flight instructor until he has had at least 15
flight hours and his certificate has been appropriately endorsed by a federally certificated flight
instructor; or if enrolled in and received flight instruction from a federally approved school, he is
deemed competent by such school, and he has received at least three hours of dual cross-country
instructions from a federally certificated flight instructor and his pilot certificate has been
endorsed by such instructor;
(4)
Other than that of the type and class which has been endorsed on his certificate by a
federally certificated flight instructor;
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(5)
In solo flight, who has not piloted a powered aircraft within 90 days, until he has passed a
flight check given by a federally certificated flight instructor and the fact endorsed by such
instructor in the student pilot’s logbook.
4.15: Parachutes and Parachute Jumps
(1)
Parachutes. No person operating an aircraft shall permit to be carried in the aircraft
available for emergency use other than federally certificated parachutes which have been packed
by a certificated parachute rigger within the time limitation imposed by the applicable federal
aeronautical regulations.
(2)
Parachute Jump. Except when necessary because of an in flight emergency, no person
shall make a parachute jump, unless wearing a federally certificated and properly maintained
auxiliary parachute as described in 702 CMR 4.15(1), arranged so that it can be operated if the
first parachute should fail to function or become fouled, and without having received a permit
from the Commission. Student jumps at parachute jump centers may be made without having
received such a permit provided that the student is under the direct supervision of a person
holding a supervisory parachute jump permit issued by the Commission.
(3)
Altitude Before Jump. Any person making a non-emergency parachute jump shall open
his main parachute before reaching an altitude of 2000 ft. above the surface of the ground or
water. Static line or other positive parachute opening devices will be so designed or adjusted to
conform with the above requirement.
(4)
Jump Near Water. No person shall make a non-emergency parachute jump from any
aircraft within one mile horizontally from any pond, lake, river or ocean unless the jumper wears
an adequate flotation device.
(5)
Permit for Jump. No pilot or person in command of civil aircraft in flight shall permit any
parachute jump from such aircraft other than a jump made to abandon the aircraft in distress,
unless prior thereto the person making such a jump shall have obtained a permit therefor from
the Commission or its authorized representative or is jumping under the supervision of a MAC
supervisory parachute jump permit holder and the pilot or person in command of the aircraft
shall have examined such permit. A permit will only be issued after the Commission has
received, in writing, authorization from both the owner of the land where the parachute jump is
to be conducted and the designated Area Safety Officer.
4.16: Parachute Jump Centers
(1)
Permit for Parachute Jump Centers.
(a) Parachute jump centers will be required to undergo an annual inspection by the
Commission prior to the issuance of an annual permit. The Commission must receive, in
writing, a letter from the airport commission, or in the case of a privately owned airport, from
the owner, indicating that continued use of the center for the upcoming year is granted to the
operators of the parachute jump center.
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(b) Parachute jump center permits may be issued by the Commission if the following
requirements are met:
1.
The area used as a drop zone shall be unobstructed and with a distance of at least 150
yds. from the target to the nearest obstruction or hazard.
2.
The drop zone, during all jumps, shall include a clearly defined landing area at least ten
yds. in diameter with a small disk in the center.
3.
A method of determining wind drift must be used which shall satisfy the Commission.
4.
The person in charge, at any given time, of the jump center shall be the holder of a
supervisory jump permit issued by the Commission.
5.
The center shall have facilities and equipment for the ground instruction of student
jumpers which satisfy the Commission.
6.
The center shall use a system of storage, packing, maintenance, handling and issuing of
parachutes which shall meet the approval of the Commission.
7.
The center shall use a system of checks which assure the pilot of the jump plane, the
person in charge of the jumpers, and the jumper himself that proper inspections have been made
of the parachutes and other equipment to be used. These persons shall also have assurance that
the jumper has received the required proper instruction and check out.
8.
All jumpers must have had at least three hours of ground instructions at the center prior to
the first jump.
9.
All planes from which jumps are made shall be of the type approved by the Federal
Aviation Administration for this purpose.
10.
There shall be installed in the jump plane and at appropriate locations in the jump center
a fully functioning two-way radio.
11.
Before any jump, the pilot of the jump plane shall establish communications with jump
center control and announce the intended jump and the altitude and approximate location with
relation to the airport.
12.
During any static line jump, there must be one person aboard other than the pilot and the
jumper and he shall possess a current Massachusetts Aeronautics Commission supervisory jump
permit.
13.
Reports on the number of jumps, and injuries or damage incurred because of jumping
activities will be submitted monthly to the Massachusetts Aeronautics Commission.
14.
A log book shall be kept for each jumper indicating each jump, as well as a record or
master log for the center file.
15.
The certificate of approval for a jump center will be issued annually after applicant’s
request and a subsequent satisfactory inspection by this Commission.
4.17: Towing by Aircraft
No operator shall tow anything by aircraft unless authority for such operation has been issued by
competent federal authority and a copy of such authority is filed with the Commission.
4.18: Dropping Objects
No person operating an aircraft shall permit anything to be dropped from an aircraft in flight
which might create an undue hazard to persons or property on the ground.
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4.19: Landing Restrictions
(1) No operator carrying persons for hire, or otherwise operating commercially shall, except in
case of emergency, land upon or take off from any land area other than a landing area approved
for such operation by the Commission or its authorized representative, except that occasional
transient landings or takeoffs may be made at areas where it has been determined in advance by
the operator of the aircraft that: No person shall land an aircraft upon, fly an aircraft from, or
conduct any other aircraft operations on or from an airport, heliport, or restricted landing area
other than in conformity with federal aviation statutes and all FAA rules, regulations, orders and
directives.
(a) He will not violate any municipal, county or state laws, rules or regulations or any private
rights by such landing or takeoff;
(b) The area to be used contains a space for the landing and takeoff which is free from
obstacles and which provides an effective length which is at least 100 per cent in excess of
the manufacturer’s specified gross weight takeoff or landing run for the aircraft in question,
whichever is greater. Effective length in this case means the ground dimension as modified
by 20 times the height of any obstructions to either the landing or takeoff path in the air.
(2) No operator carrying persons for hire or otherwise operating commercially except in case of
emergency, shall land upon or take off from any water area unless such area has an effective
usable length free of obstructions of at least 5000 ft.The operator of an aircraft shall be directly
responsible for its operation in accordance with M.G.L. c. 90, 702 CMR, federal and state law,
and all FAA rules, regulations, orders and directives.
(3) No person shall use any water area as a base for continuing commercial operation unless such
area has been approved for such operation by the Commission or its authorized
representative.knowingly allow an aircraft owned by him or under his control to be operated by
any person who has no legal right to do so, or in violation of any FAA rules, regulations, orders
and directives, M.G.L. c. 90, or 702 CMR.
4.20: Carrying Passengers for Hire
No person shall operate aircraft within the Commonwealth carrying passengers for hire unless
such person has met and conforms with such minimum safety requirements as the Commission
may order for the type of service provided. The Commission may by order require the possession
by such operator of a current and effective letter of approval issued by the Commission setting
forth the minimum safety requirements for such type of service. Any such letter of approval may
be withdrawn by the Commission at its discretion.
4.21: Operation of Airplanes in the Boston-Logan Airport Area
No person shall operate or pilot an airplane when approaching to land or depart following takeoff
from the Boston-Logan Airport so as to enter the airspace below 3000 ft. mean sea level, within
the area bounded by the 245°> and the 315° radials from the Boston VORTAC and a straight
line, which if described on the surface below would run from the Arlington gas holder on the
315° radial of the Boston VORTAC to the area in Boston known as Franklin Park on the 245°
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radial of the Boston VORTAC and west of the shore line of the Boston inner harbor, except that
this regulation shall not apply to persons operating or piloting an airplane having been
specifically directed by the Air Traffic Control, in accordance with IFR procedures to follow a
course in conflict with the above.
(4) In emergency situations which require immediate decision and action, the operator may
deviate from a provision of 702 CMR to the extent required to avoid imminent harm to persons
or property.
(5) If an operator exercises his authority to deviate from a provision of 702 CMR pursuant to 702
CMR 4.01(4), the operator shall, within seven days, file a written report with the division
describing any deviation from the provisions of 702 CMR and the reason for such deviation.
(6) The division may, upon review of the report required pursuant to 702 CMR 4.01(5),
determine that the deviation from 702 CMR was not warranted by the circumstances and take
enforcement action pursuant to M.G.L. c. 90, § 44 and 702 CMR 3.05: Enforcement or 702 CMR
5.09: Enforcement.
REGULATORY AUTHORITY
702 CMR 4.00: M.G.L. c. 90, §§ 35, 39, 40, 44, 46, 47, 48, 49, 49D
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