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Originally Posted by Bear Islander
Skip...The FAA does not agree with you. State and local governments can write laws, ordinances and regulations but they are preempted by FAA regulations...
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I repectfully disagree, you need to go and read 14 CFR 91.115 more carefully, not the synopsis by a third party that you have provided.
What the FCC does in 91.115 is give general guidlines for waterborne operation of aircraft, guidelines that mimic inland waterway rules on right of way....it does not exempt or even address speed limitations. I would assume that the purpose of 91.115 is to at least give a mandatory minimum safety requiremant for those few States that did not address the aircraft on water issues many years ago (when this was enacted). Since then, most State legisltures have appropriately addressed the issue.
Remember civics class? We all know that federal regulations supercede state and local regulations (in most cases) however the State and local governments do have authority in areas not specifically vested to the Federal government (thank heavens!).
Additional safety regulations applied by the State or local government would only be nullified if they took away from the privleges granted by the Federal government, in this case the FAA. In this case if a specific exception were not made for speed, local ordinances would be enforceable by local authorities.
Or perhaps all the other State governments besides our own are also in error and your sole interpretation is the correct application of the law.
I think the language and intent of 91.115 and the cited RSA are quite clear. They compliment each other and are definitely not in conflict.....
Merry Christmas,
Skip