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ILDA POSITION ON H.R.
386
(and Amendment 8 to S. 223)
The International Laser Display
Association appreciates and supports the basic purpose of the
Securing Aircraft Cockpits Against Lasers Act of 2011. Advocating
for strict professional standards of safety and educating both our
members and the general public is central to our organization’s
mission.
ILDA SUPPORTS SAFE SKIES
For 15 years, the International Laser
Display Association has worked alongside FAA, FDA, the Air Force,
pilots, safety experts and other laser users in seeking to
eliminate and criminalize the deliberate illumination of aircraft.
We will continue to champion this cause within our industry.
However, the International Laser Display
Association cannot support the specific language of H.R. 386
because the bill as written does not clearly allow any
FAA-reviewed and approved legitimate outdoor laser uses. While the
bill does affect only "laser pointers" we are concerned that this
may be misinterpreted to prohibit activities using lasers which
are allowed under current airspace safety procedures.
WHY THE BILL IS PROBLEMATIC
Presently, persons wanting to safely use
lasers in airspace submit their proposed use to the FAA. The
agency reviews the light levels and locations. If after review and
any revisions, the FAA finds the use to be safe, they issue a
"letter of non-objection" thereby allowing the use to proceed. The
current system is well-established and its excellent track record of
aviation safety is beyond reproach.
However, the current language of the bill
does not allow for this review process. Specifically, the only
allowed uses are for "research and development or flight test
operations." Thus, H.R. 386 could be construed to create
substantial liability for all other FAA-approved (non-objected)
legitimate laser users. These include professional laser show
producers, production companies working on sporting events, trade
shows, corporate functions, etc., planetariums and observatories,
local and national astronomy clubs, surveying firms, construction
companies, architects doing site surveys, disc jockeys along with
the myriad groups for whom they perform, municipalities using
lasers for educational presentations (such as South Dakota which
uses high power laser projectors to tell the history of the state
on the side of a mountain), local festivals, nightclubs, museums,
retails stores and many more. Collectively, these groups represent
hundreds of thousands of jobs in nearly every legislative district
across America and many of those jobs could be lost if it is
decided that the risk of holding these events is too great
following the passage of this bill.
AMENDMENT SOUGHT
We seek an amendment to the Securing
Aircraft Cockpits Against Lasers Act of 2011 allowing for safe and
FAA reviewed uses of lasers to protect the numerous industries
which rely upon laser use as part of their core business
activities. Specifically, we ask that Section 39A(c)(1) be written
more broadly as follows: "[this bill does not prohibit] any use
which has been reviewed by the FAA and is not objected to." This
language covers both the original intent (allowing R&D and flight
tests) plus any other FAA reviewed-and-approved uses.
CLARIFICATION SOUGHT IN THE RECORD
Failing such an amendment, at the very
least, we ask that congressional supporters of H.R. 386 introduce
into the Congressional Record a statement that the intent of this
bill is to criminalize laser pointer misuse, and that this should
not affect or bind legitimate laser users when FAA has reviewed
and has not objected to the laser use. This helps show the
Representative's support for stopping misuse while still allowing
FAA-legal uses.
Adopted February 2011
ILDA Regulatory Committee, Dan Goldsmith, chair
Reviewed by ILDA Board Liaison |
