By Jonathan Dube

HARTFORD - THE FEDERAL AVIATION ADMINISTRATION said yesterday that state legislators trying to prohibit children from flying airplanes in Connecticut don't have the authority to do so.

Nevertheless, the state Senate voted 23-12 last night to prohibit children younger than 16 from piloting airplanes over Connecticut's air space in response to last week's death of 7-year-old pilot Jessica Dubroff of California. The measure was co-sponsored by state Sen. Mark Nielsen, R-Danbury.

But the FAA says the bill is meaningless because, if passed, federal regulations would still supersede the state law. Federal regulations currently permit anyone to fly a plane, no matter how old, as long as he or she is accompanied by a flight instructor. Congress is expected to consider changing the federal regulations in light of Jessica's plane crash.

``That regulation can only be changed federally,'' Alison Duquette, a spokesperson for the FAA, told The News-Times. ``It's not a state matter, it's a federal matter. And the states have long recognized that this is a matter of federal jurisdiction.''

Nielsen, however, disagreed with the FAA.

``I don't think that cuts much ice,'' Nielsen said. ``I just think Connecticut has the legal authority to make our regulations more restrictive than the federal regulations.''

The penalty for violating the measure would be a $100 fine and up to 60 days in prison - for the child, the adult or both.

The measure, which would also prohibit adults from allowing children to take over the controls, was referred to the Appropriations Committee.

Nothing, of course, prohibits the General Assembly from passing such a law. But, Duquette emphasized, if the legislature passes the law, ``the federal regulations would override that.''

In light of the FAA's statement, state Rep. Scott Santa-Maria, R- Brookfield, said the only reason to pass such a law is for publicity. Santa-Maria, who has flown airplanes since he was a child, criticized the legislation as ``a misguided attempt to grab a headline.''

``The General Assembly is supposed to be a deliberative body that seriously examines issues based on merit, not how much ink they generate,'' Santa-Maria said.

Nielsen says he wants to prohibit children from flying because it is too dangerous. Besides Nielsen, local state Sen. Fred Lovegrove, R-Fairfield, voted for the measure last night.

Voting against it were local senators Judith Freedman, R-Westport; Louis DeLuca, R-Woodbury, and Senate President Pro Tem M. Adela Eads, R-Kent.

Local flight instructors say such a law would be unfair to young pilots and unnecessary, and say they would fight it. They argue that last week's accident was caused not by Jessica's inexperience, but by an overloaded plane and poor weather. Jessica's father and flight instructor also died in the crash.

Nicole Martabano is a 15-year-old who takes flight lessons at the North American Aviation flight school in Danbury. Martabano, who started flying when she was 15, said it would be a shame to prevent young pilots like herself from getting a head start.

``If you start when you want to start, and you're not pressured, and you're mature enough, then I think you should be able to fly,'' Martabano said. ``Right now, I'm doing a lot of the flying. I pretty much control the plane, but (my flight instructor) helps me with the landing. And whenever I feel uncomfortable she takes over. I don't think it's dangerous at all.''

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