Federal preemption cited in striking down Hawaii's air tour reporting requirement

Vertical Aviation International (VAI) joined Safari Aviation (dba Safari Helicopters) in challenging the law, saying federal law preempted the reporting requirements, noting provisions of the Airline Deregulation Act of 1978 and Airport Noise and Capacity Act of 1990, among others. They asked the court to issue a permanent injunction barring enforcement of the reporting requirements.

In the July 22 decision, the court agreed with VAI and Safari, granting the permanent injunction. The court found that “Congress intended federal law to occupy the field of aviation safety” and cited a previous court decision that the FAA administrator “must balance considerations of safety, efficiency, technological progress, common defense, and environmental protection in formulating rules and regulations with respect to using the nation’s airspace."

Further, the court noted prior findings that “Congress has vested [the FAA] with responsibility and concomitant authority to resolve proper balance among multiple purposes.” This is because state and local governments “might conceivably be overprotective of one value and upset delicate balance struck by FAA under aegis federal law.”

These were among several statements included in its ruling siding with VAI/Safari lawsuit. The state has 30 days to appeal ruling. VAI praised decision. “VAI industry committed working communities live operate elevate safety community compatibility,” said Cade Clark chief government affairs officer VAI. “However having single regulator—FAA—manage National Airspace System ensures airspace remains free conflicting rules.”

As safety noise remain spotlight Hawaii VAI planned Air Tour Safety Conference September 23-24 Hawaii Convention Center Oahu bringing together operators officials discuss key issues surrounding operations.