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Case law on runway buzzing/flyovers



 
 
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Old July 28th 06, 02:16 AM posted to rec.aviation.piloting
Jim Logajan
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Posts: 1,958
Default Case law on runway buzzing/flyovers

Stubby wrote:
Do us a favor and provide a summary! Thanks.


FAA accused pilot of violating 14 C.F.R. 91.119(a), 91.13(a), 91.119(c)
and 61.3(a)[*]. The court initially found for the FAA on the first two
counts but dismissed the last two.

However, the appeals court found the pilot innocent of the first two
counts also.

Basically the court found no facts to support the claim that the pilot
wasn't performing a go-around following a botched approach. The
witnesses for the FAA were two FAA inspectors, only one of whom saw the
aircraft and then only when it was at midfield.

Jim Logajan wrote:
For those interested (I know I was) in whether a runway flyover (or
"buzzing" a runway) has been adjudicated in the U.S., I found this
case:

http://www.ntsb.gov/O_n_O/docs/AVIATION/4307.PDF

[*]
§ 91.119(a) reads:
Except when necessary for takeoff or landing, no person may
operate an aircraft below the following altitudes:
(a) Anywhere. An altitude allowing if a power unit fails, an
emergency landing without undue hazard to persons or
property on the surface.

§ 91.13(a) reads:
No person may operate an aircraft in a careless or reckless
manner so as to endanger the life or property of another.

§ 91.119(c) reads:
Except 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.

§ 61.3(a) reads:
(a) Pilot certificate. No person may act as pilot in
command or in any other capacity as a required pilot flight
crewmember of a civil aircraft of United States registry
unless he has in his personal possession a current pilot
certificate issued to him under this part[.]
 




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