Regulation of Aircraft in Flight: The Myth of TMC 51.2.3(e)

Section 51.2.3(e) of the Torrance Municipal Code (TMC) states: "Aircraft taking off to the west shall not turn left until they have either reached the ocean or attained an altitude of fifteen hundred (1,500) feet." A myth has developed that this TMC section is "grandfathered" under the Airport Noise and Capacity Act of 1990 (ANCA) and therefore it is not preempted by FAA Regulations. This is based on a verbal statement from a local FAA employee.

In response to requests made to the City of Torrance under the California Public Records Act for documents that would support this myth, the City has stated that it has none. On the other hand, the United States Constitution and several federal court rulings support FAA Chief Counsel's statement that the City of Torrance lacks the authority to regulate airspace use and air traffic control. Torrance Municipal Code Section 51.2.3(e) is invalid and unenforceable. While pilots are free to depart "straight out" with control tower concurrence, there is clearly no requirement to do so.

• With passage of the Federal Aviation Act of 1958, the FAA was given exclusive authority in the areas of airspace use and management, air traffic control and aviation safety. This authority preempts any state or local laws in these areas.
• Municipal regulations such as the TMC Section were ruled invalid and unenforceable in 1978 when the decision was rendered in United States v City of Blue Ash. This ruling came 12 years before ANCA and was affirmed by the 6th Circuit Court of Appeals.
• ANCA does not apply to propeller-driven aircraft under 12,500 pounds gross weight. These are the only aircraft affected by the TMC section.
• The FAA Long Beach Flight Safety District Office (FSDO) has denied approving the "grandfathering" of TMC 51.2.3(e).

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