To all; FAA rules apply to commercial laser shows and non commercial demonstration venues. Not to the hobbyist.
Unless there has been a revision there is no federal law stating you cannot shine a class 3b - 4 laser into the sky even near airports. Just don't intentionally interfer with the flight crew and common sense would say don't interfer with any other airport personel.
Here's part of a conversation I had a few years ago. It concerned whether or not it was illegl to shine a class 3b laser into the sky which at that time were the highest output handheld lasers available.
Here's a conversation I had with *Greg Makov [
> Dear Mr. Makov,
> I'm writing too inquire how this article you wrote applies to the
> hobbyist ? All of the articles I've read at the various government
> non-government sites appear to consider only commercial uses or
> situations. Specifically do you know of a federal law(s) that states it
> is unlawful to shine a laser >5mw into the sky ? I've searched for a
> definitive answer and posted this question and the answer I received
> was 'never heard of one'. If you know the answer or can point me in
> the right direction I'd certainly appreciate it.
>
> Sincerely.
>
> Steve
Sorry for the late reply, today is my first day back in the office in
about 1-1/2 weeks.
Concerning your question, this was a question that I posed to FAA
officials many years ago when I was involved with the G-10 committee and
helped re-write the FAA 7400.2 document. The general answer is that it
is illegal to "interfere with a flight crew" and that the local tower
could call the local police to arrest anyone who did so interfere. More
recently, there was federal legislation that made it directly a criminal
activity to "shine" a laser device at an aircraft. Note that this does
not have any power limit or irradiance value associated with it. In
other words, with this new law, it does not matter what you are
"shining" at the flight crew, it matters that you are interfering with
their normal operation.
The 5 mW limit you cite is based on the CDRH limit for manufacturers of
laser pointers. There is a lot of misinformation about this. It is
perfectly legal to sell or to buy a laser that emits more than 5
milliwatts, just don't call it a laser pointer. Moreover, how you use
it is not regulated, unless you interfere or injure someone else with
what you are doing. In other words, if you direct a laser beam into the
sky, and no one notices it, there is no problem. If the beam
illuminates a plane, you might be in for a bit of trouble.
If you need specific statutes or regulations, I recommend the CDRH
website to you:
<http://www.fda.gov/cdrh/comp/rad_consumer.html>
And the FAA Advisory Circular site:
<
http://www.faa.gov/airports_airtraffic/airports/resources/advisory_ci rculars/>
Also note that some states have additional regulations, such as New
York's Code Rule 50, which requires that a licensed operator be present
for all laser operations (including 5 mW lasers). Enforcement is
always another issue...
If you have a more specific question, feel free to contact me.
But I am curious, who is this person who keeps stating that directing
> any class 3b or 4 laser into airspace is illegal? Anyone I know?
Greg Makhov
President, Lighting Systems Design, Inc.
greg@lsdi.com
http:\\www.lsdi.com>
Me:
I'd like to also add this document. Lasers Aimed at Aircraft Cockpits: Background and Possible Options ...
Carefully read the paragraph titled Relevant Criminal Statutes. You'll see that there are no specific statutes at this time that prohibit John Q. Public from shining a class3b-class 4 laser into the sky exception being if you purposefully target an aircraft.
Conclusion:
Unless there are new laws since this article was written which specifically state it is against the law to shine a laser class 3b - class 4 [there appears not to be] then it is ok to shine a laser into the sky.
http://www.fas.org/sgp/crs/RS22033.pdf
* Greg in this case was a person held in high esteem by the person I was arguing with. Only with Greg's input did the other person stop.