HOUSE OF REPRESENTATIVES	H.R. NO.	116
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

HOUSE RESOLUTION

REQUESTING THE PROHIBITION OF FLIGHTS BY FLIGHT SCHOOL STUDENTS WITHIN TWO MILES OF ANY RESIDENTIAL AREA.

WHEREAS, a number of flight schools in the State train students to become pilots; and

WHEREAS, pilot training involves the flying of aircraft; and

WHEREAS, some flight training areas are located near residential areas, including Village Park, Royal Kunia, Mililani, Waipio on Oahu, and allow their students to undergo training near residential areas; and

WHEREAS, aircraft used by flight schools are a source of excessive noise and pose safety concerns for many residents, as the aircraft often fly over their neighborhoods; and

WHEREAS, state efforts to regulate flight paths and the location of aircraft have been thwarted by concerns that those state-level restrictions would be preempted by federal law; and

WHEREAS, the Federal Aviation Administration, in most instances, has the authority to impose certain restrictions on flight paths and the location of aircraft; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2020, that the Federal Aviation Administration is requested to prohibit flights by flight school students within two miles of any residential area; and

BE IT FURTHER RESOLVED that if the Federal Aviation Administration determines that an Act of the United States Congress is required to authorize the agency to establish the prohibition requested by this Resolution, the agency is requested to draft and submit proposed legislation to appropriate members of Congress for further action; and

BE IT FURTHER RESOLVED that if the Federal Aviation Administration determines that a state-imposed prohibition requested by this Resolution would not be preempted by federal law, the agency is requested to state its determination in a letter to the Director of Transportation, the President of the Senate, and the Speaker of the House of Representatives of the State of Hawaii; and

BE IT FURTHER RESOLVED that if the Federal Aviation Administration determines that a state-imposed prohibition requested by this Resolution would not be preempted by federal law, the State Department of Transportation is requested to take steps to impose the prohibition; provided that if the Department determines that an Act of the Legislature is required to authorize the Department to establish the prohibition, the Department is requested to draft and submit proposed legislation to the President of the Senate and the Speaker of the House of Representatives; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Administrator of the Federal Aviation Administration, Director of the Hawaii State Department of Transportation, and members of Hawaii's congressional delegation.

OFFERED BY:

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Report Title:

Aviation; Flight Schools; Students; Pilots; Residential Areas