Replies to This Discussion

Permalink Reply by Jim and Amelia Isaacs on July 5, 2020 at 7:14pm

Hi Bob. 

How does something going wrong affect whether or not I’m in violation of an FAR? Request an example please? Regarding Mr. Hoover, can you clarify how a medical clearance relates to flying below 500 AGL?  Your statement about the wrong person seeing me do something that is not in violation of any FAR is interesting. If I’m not careful someday I will have to explain to someone that I was following the rules?

Hey Gary,

Not splitting hairs, and not sure what each situation was regarding high speed low passes at your airport.  I’m just challenging the statement that if one is flying over a runway or anywhere else for that matter, below 500 ft and not taking off or landing-one is in violation of a federal law and subject to enforcement action.  Because that’s not true. 

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Permalink Reply by christopher fryatt on July 6, 2020 at 8:20am

http://www.kathrynsreport.com/search?q=low+level+pass

Had he lived ; based on ntsb findings I think a violation would be in order, A retired Fed once told me regulations are  there to handle foreseen situations, addressing the publics perception. Nowadays the FAA is not so much of a regional fiefdom ( or so they say)... differing regions, sadly operate under differing opinions or interpretations of regulation

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Permalink Reply by Bob Pustell on July 8, 2020 at 5:08pm

I will try once more to convey my point. Yes, you may very well be legal, depending on the circumstances. I still maintain that if the wrong person (the hypothetical Fed with idle time, a crackpot who files a complaint with the Feds, whatever) you will be considered guilty until you prove otherwise. It's just how the system works. I would rather not open up Pandora's box so I try not to arouse official scrutiny in the first place.

My example of the Bob Hoover medical debacle is not meant to be a parallel to flying low - it is meant to point out that once the system moves against you (even if the move is not well founded or appropriate) you are in for a lot of hassle and expense setting things right. It took a guy like Hoover who had lots of powerful friends in high places several years and lots of expensive lawyer time to get his medical back. I have neighther the money nor the highly places friends for such a fight so i try to avoid it.

So, to answer your final question to me -- "If I’m not careful someday I will have to explain to someone that I was following the rules?" -- my answer is yes, you may very well have to do such a thing. Hoover had a current and proper medical, flew a proper airshow (with one Fed in the crowd who thought he looked off his game even though everyone else thought it was great) and lived a years long nightmare. 

You might feel that the thing you just did was legal, prudent and safe but if the wrong people witness it your life can get pretty miserable if there is any room for saying it was NOT legal prudent or safe. Even if you previal in the end the fight is not worth it to me.

You are right in what you say. You win the tight core of the discussion, you are correct. I just don't want to get near the edges of the situation let alone get into the middle of it.

Years ago when I still flew for a living I was getting a class from a ground school instructor about the FAR's and also our company regulations and rules. He made the remark that "your hearing improves at your hearing". It got a chuckle in the room at the time but I have never forgotten it. When your are on the carpet for some transgression everything you hear takes on new and important meaning. Why go there?

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