Legal Interpretations
Muldowney 2011
Summary
The Question
Which minimum safe altitude rule applies to an aircraft flying low over a passenger ferry on a river, and how close may the aircraft come?
Background
A requester who observed an aircraft flying low over a North Carolina DOT passenger ferry carrying 88 people on the Cape Fear River asked whether the ferry is an "open assembly of persons" under 14 CFR 91.119(b).
The FAA’s Interpretation
The 500-foot open-water rule applies. Because the aircraft was over open water and not a congested area, the FAA said 14 CFR 91.119(c) applies. Under the plain meaning of the words, a ferry is a vessel and the Cape Fear River is open water, so the aircraft may not be operated closer than 500 feet to the ferry.
- Requester
- Muldowney
- Issued
- January 5, 2011
- Subject
- General Operating & Flight Rules
Regulations Cited
Page 1
U.S. Department
of Transportation
Federal Aviation
Admlnistrotion
JA N 5 2011
Dear Mr. Muldowney:
Office of the Chief Counsel 800 Independence Ave ., S.W.
Washington. D.C. 20591
This is in response to your request for a legal interpretation regarding whether a water ferry is considered an "open assembly of persons" as referenced in 14 C.F.R. section 91.119(b). In your request, you stated you observed an aircraft flying low over a North Carolina DOT passenger ferry. The ferry was on the Cape Fear River and had eighty-eight people on board. Because the aircraft was operating over open water and not in a congested area, section 91.119(c) applies.
Sectlon 91.1 19(c) provides in pertinent part:
Exc~pt when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes ... (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
We look to the plain language meaning of the words "vessel" and "open water"_ Applying the plain language meaning, a ferry is.a vessel and the Cape Fear River constitutes open water. Under section 91.119(c), the aircraft may not be operated closer than 500 feet to the ferry.
I hope this information has been helpful. This interpretation has been coordinated with Flight Standards Service, General Aviation and Commercial Division. If you have further questions concerning this interpretation, please contact Sabrina Jawed on my staff at 202- 267-3073.
Sincerely,
R~P~=-k,:1/---Assistant Chief Counsel for Regulations, AGC-200
Regulations Referenced
Snapshot retrieved August 6, 2026.