The US District for Hawaii has overturned a section of Hawaii Act 311 (formerly S.B. 3272) that imposed reporting requirements on air tour companies and small aircraft. This decision followed a legal challenge by Vertical Aviation International (VAI) and Safari Helicopter in April 2024 to oppose the law, along with The Helicopter Association International (HAI), who filed a lawsuit against the Hawaiian State government in February 2023.
Air tour helicopters and small aircraft would have had to report the date and time that the aircraft took off and landed, the number of individuals aboard the aircraft during the operation, the flight path from take-off through landing, and whether the aircraft deviated from its intended flight plan. VAI and Safari Helicopters challenged this by arguing that federal law pre-empted these regulations.
The court ruled in favour of VAI and Safari Helicopters on 22 July, reaffirming that the oversight of aviation is reserved to the federal government. The state has 30 days to appeal the decision.
Cade Clark, VAI’s Chief Government Affairs Officer, said, “VAI and the air tour industry are committed to working with the communities where we live, work, and operate to elevate safety and community compatibility. However, having a single regulator – the FAA – manage the National Airspace System ensures that our airspace remains free from conflicting rules.”
VAI will be hosting the Air Tour Safety Conference on 23-24 September at the Hawaii Convention Centre, where it will discuss the subject with US aerial tour operators and state and local government officials.
This change in regulations comes in the wake of increasing conversations surrounding air tours over US National Parks, with the recent decision to ban commercial air tours over parks and within one-half mile outside their boundaries being applied to Mount Rushmore at Badlands National Park. The conflicting commentary surrounding the issue remains in debate. One side argues that helicopter and small aircraft tours are a stable source of tourist income to the area, while the other states that these tours damage the environment, disturb the Tribes living on the land, and create safety issues and excessive air noise.
Photo: Safari Helicopter
