A silent air war continues above us as one helicopter rescue service sues another. Mercy Flight Central of Canandaigua says the Onondaga County Sheriff's Department is flying its police helicopter illegally. In part 2 of Sky Battle, Joleene Des Rosiers looks into the regulations in question under the Federal Aviation Act, regulations that seem to have more than one interpretation.

ONONDAGA COUNTY, N.Y. -- Paul Hyland, CEO and founder of Mercy Flight Central, is proud of his crew, his choppers and the non-profit service they provide. A service that Hyland says, per the Federal Aviation Act, should be the first one called to a rescue scene. But, he says, various interpretations of the regulations have prevented that from happening, bringing him to the point of a lawsuit. One he hopes will clear the air and keep Onondaga County's Air-1 out of the mix when it comes to medevac calls.

"We have no argument with the sheriff's doing calls if we're not available. But for them to jump calls, like what's been going on for the last few months, it's just plain unacceptable," Hyland says.

Hyland says Air-1 is violating the Federal Aviation Act by transporting patient when Mercy Flight's service is available. He refers to regulations under Title 49 of the United States Code. Hyland says the code reads that a public aircraft, like Air-1, can only transport patients if they're not being compensated for the service and a commercial operator, such as Mercy Flight, is not able to respond.

Warren Darby, the Onondaga County Undersheriff oversees operations of Air-1 and disputes Hylands interpretation of the law. He says Air-1 is certainly not compensated for their services because it is a county helicopter funded by taxpayers. And as far as Air-1 being allowed to go on a medevac call only if Mercy Flight is not available?

"Mercy Flight states that if there's a commercial air medical service available, that they should have first dibs on the patient. There is no law or regulation that says a commercial flight supersedes a public safety ship," Darby says.

There's only one way to find out for sure. And that's by asking the Federal Aviation Administration. Can a public safety ship, such as Air-1, take a medical emergency call over a commercial flight, such as Mercy? After several phone calls and e-mails, Arlene Sarlac, a public affairs officer with the Federal Aviation Administration, told us Air-1 was not in violation of the regulations and could continue to transport patients.

She also told us the regulations have been privy to a number of different interpretations over the years. It has resulted in advisories and memorandums that attempt to better clarify the difference between a public aircraft, like Air-1 and a commercial or civil aircraft, like Mercy Flight.

"This has been ongoing thing in Central New York, I would guess probably at least 15 if not 20 years." Geb Wolf, a retired pilot with the New York State Police, says the accusation of jumping calls is nothing new. Wolf retired as a pilot in 2005. Yet still in his possession -- a huge file which includes records that addressed a similar complaint against the State Police…in 1997. Wolf says Mercy Flight's Hyland asked the FAA to investigate the operations of the State Police chopper at that time. And it was determined then that troopers were following Federal Aviation Regulations accordingly. Now Wolf mulls over the pending lawsuit and shakes his head at something he calls…frivolous.

"I don't see it as a controversy and I don't think the FAA sees it as a controversy," says Wolf.

The New York State Police were originally named, but then dropped from Mercy Flight's lawsuit, a judge citing the 11th amendment, state's rights, as the reason.

Meantime, Darby keeps his file in order, awaiting the day he appears before the judge to defend the operations of Air-1.

He's not the only one. Also named in the suit? The organization that dispatches upwards of seven different helicopters across Central New York. Housed quietly in a corner of the Cortland County 911 Dispatch Center, it's known to emergency responders as the 'Clearinghouse'. And Hyland claims Undersheriff Darby pulls the strings within the Clearinghouse to have Air-1 dispatched over Mercy Flight.

"It's pretty much under their control. When I say their control, it's Darby and the sheriff that get the call," says Hyland.

Joleene will explore that accusation and take you into the heart of the so-called Clearinghouse in our final installment of Sky Battle.