Plain Text Law

Title 5. Aviation — Subtitle 10. Operation of Aircraft

Statutes in effect as of October 1, 2026.

Md. Code Ann., Transp. § 5-1001 (2026)
Title 5. Aviation
Subtitle 10. Operation of Aircraft

§ 5–1001Copy Citation

(a)
There is a public right to freedom of transit in air commerce through the airspace of this State.
(b)
The operation of aircraft over the lands and waters of this State is lawful, unless the operation is:
(1)
At so low an altitude as to interfere with any lawful existing use of the land or water or the space above the land or water; or
(2)
Conducted in a manner imminently dangerous to persons or property on the land or water.
(c)
(1)
Except for a forced or emergency landing, a person may not land an aircraft on the lands or waters of any other person without the consent of that other person.
(2)
For damages caused by a forced or emergency landing, a person is liable as set forth in § 5-1005 of this subtitle.
Md. Code Ann., Transp. § 5-1002 (2026)
Title 5. Aviation
Subtitle 10. Operation of Aircraft

§ 5–1002Copy Citation

(a)
(1)
For purposes of this subsection, “operate” shall include any use of the aircraft which involves remuneration to the owner, including but not limited to leasing, rental, and use for instructional purposes.
(2)
The owner of any aircraft based or hangared in this State may not operate that aircraft unless there is a liability insurance policy in force on the aircraft which covers the owner and the pilot for claims by passengers or other persons for any injuries to them or their property that might arise out of the operation of the aircraft.
(b)
The liability insurance shall provide coverage for at least:
(1)
$50,000 bodily injury per individual;
(2)
$100,000 bodily injury per accident; and
(3)
$50,000 property damage protection.
(c)
All airport operators in this State shall maintain a roster of aircraft based or hangared at the facility. This roster shall include for each aircraft:
(1)
The “N” number, type, and model of the aircraft;
(2)
The name and address of the owner or operator of the aircraft, and the period of time the aircraft has been based or hangared at the facility;
(3)
The liability insurance policy or binder number;
(4)
The name of the insurance company shown on the policy; and
(5)
The name of the insurance producer.
(d)
The Administration, at the time of annual on–site airport inspection and licensing of public use airports in this State, shall have access to liability insurance policy information to determine compliance with subsection (b) of this section.
Md. Code Ann., Transp. § 5-1003 (2026)
Title 5. Aviation
Subtitle 10. Operation of Aircraft

§ 5–1003Copy Citation

On demand, the holder of a federal airman’s certificate of competency shall present the certificate for inspection to:
(1)
Any authorized representative of the Administration; or
(2)
Any State or local police officer.
Md. Code Ann., Transp. § 5-1004 (2026)
Title 5. Aviation
Subtitle 10. Operation of Aircraft

§ 5–1004Copy Citation

The liability of the owner of one aircraft to the owner of another aircraft or to any person in either aircraft for damages caused by collision on land or in the air is governed by the rules of law applicable to torts on land.
Md. Code Ann., Transp. § 5-1005 (2026)
Title 5. Aviation
Subtitle 10. Operation of Aircraft

§ 5–1005Copy Citation

(a)
The owner and lessee of an aircraft operated above the lands and waters of this State are each prima facie liable, jointly and severally, for any injury to persons or property on the land or water beneath them that is caused by the operation of the aircraft or by the falling of any object from the aircraft, unless:
(1)
The injury is caused in whole or in part by the negligence of the injured person or of the owner or bailee of the injured property; or
(2)
At the time of the injury, the aircraft is being used without consent of the owner or the lessee, as the case may be.
(b)
The presumption of liability on the part of the owner or lessee may be rebutted by proof that the injury was not caused by negligence on the part of:
(1)
The owner or the lessee, as the case may be;
(2)
Any person operating the aircraft with the permission of the owner or lessee; or
(3)
Any person maintaining or repairing the aircraft with the permission of the owner or lessee.
(c)
A person who is not the owner or lessee of the aircraft is liable only for the consequences of his own negligence.
(d)
(1)
The injured person or the owner or bailee of the injured property has a lien on the aircraft to the extent of the damage caused by the aircraft or the object falling from it, if he registers and records with the Administration a sworn notice of the lien within 30 days from the date of the injury. The notice of lien shall set forth in detail the injury or damage sustained by him or his property.
(2)
A notice of a lien not so recorded is void against subsequent good faith purchasers and mortgagees without actual notice. The lien terminates on rebuttal of the prima facie liability by the owner or lessee of the aircraft.
Md. Code Ann., Transp. § 5-1006 (2026)
Title 5. Aviation
Subtitle 10. Operation of Aircraft

§ 5–1006Copy Citation

(a)
A person may not operate any aircraft in this State:
(1)
While under the influence of any intoxicating liquor, narcotic, or other habit forming drug; or
(2)
In a careless or reckless manner that endangers the life or property of another.
(b)
In determining whether there has been careless or reckless operation of aircraft, the standards required by federal law governing aeronautics for safe operation of aircraft shall be considered.
(c)
(1)
In addition to or instead of the penalties provided for in Subtitle 11 of this title or as a condition to the suspension of a sentence imposed under that subtitle, the court may prohibit any person who violates a provision of this section from operating an aircraft in this State for any period of not more than 1 year.
(2)
Violation of an imposed prohibition of a court under this subsection may be treated as a separate offense under this section or as a contempt of court.
(d)
This section does not authorize the court or any other agency or person to take away, impound, hold, or mark any federal certificate, permit, rating, or license.
Md. Code Ann., Transp. § 5-1007 (2026)
Title 5. Aviation
Subtitle 10. Operation of Aircraft

§ 5–1007Copy Citation

(a)
A person may not operate an aircraft towing an advertisement for promotional purposes in violation of applicable federal aviation regulations that relate to altitude or horizontal radius over any public or private sporting arena in Baltimore City.
(b)
Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,500.
Md. Code Ann., Transp. § 5-1008 (2026)
Title 5. Aviation
Subtitle 10. Operation of Aircraft

§ 5–1008Copy Citation

(a)
Except as specifically authorized by State or federal law, a person may not be aboard, board, or attempt to board any aircraft engaged in certificated air commerce services with any firearm or explosive on or about his person, whether openly or concealed.
(b)
Any person who violates any provision of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years.
Md. Code Ann., Transp. § 5-1009 (2026)
Title 5. Aviation
Subtitle 10. Operation of Aircraft

§ 5–1009Copy Citation

Aircraft capable of operating on water shall be governed by the rules of water navigation while at rest on or operating in contact with water.