Hot answers tagged

54

There are (at least) two general points to consider. First, hang gliders are ultralights and the regulations in 14 CFR 103 apply to them. 103.17 says: No person may operate an ultralight vehicle within Class A, Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport ...


39

No, you would need to arrange for customs as you are crossing an international border.


38

Yes, it is possible to land an airplane in the US at a private airport when you have taken off from a foreign airport. No, you may not do it legally. Doing this is a federal crime. Since you are smuggling something, you may not care about the legality. When you are eventually caught, you will go to prison. Your assets will be confiscated by and forfeited ...


25

Yes, the tower can tell an aircraft to abort take off and instruct it to return to the gate, although it probably never got that far in this case, I'm guessing that they got to the runway or were asked to line up when the request came in. This was probably at the direction of Ryanair, since the tower would otherwise not have any information on the wrong ...


21

Yes you may, but you need to carry a mode C transponder while above 10,000 ft or in some types of controlled airspace and have it switched on. Which pretty much negates the stealth capabilities of your aircraft. To quote the linked AOPA page: According to 14 CFR 99.13, no person may operate an aircraft into or out of the United States, or into, within, ...


20

Without a precedent, there is no answer about legality. The French law about military uniforms (and by extension postal workers if they are government employees) is based on the Geneva Convention based on precedents and war crimes. Disguised as a postal worker, René Veuve acquired and transmitted information about crucial enemy infrastructure, such as Le ...


17

In general*, any time people or cargo enter another country, they must do so at a designated Port of Entry, i.e. where customs and immigration officers are stationed. This is true regardless of whether traveling by land, sea or air. Trying to enter other than at a PoE is usually a serious crime, and in the case of flying without a proper flight plan, may ...


13

Factors in pilot choices are often subject to political spins, as few people are able to objectively evaluate the information available to the pilot, the bandwidth to manage the events, and the conditions which may have added complexity as well as the experience level of the pilot. A student pilot logically is held to a different competency expectation than ...


13

No, it would violate regulations unless it was to meet the needs of an emergency. Don't forget the catch-all regulation about reckless operation; many regulations may be interpreted very subjectively, and I feel that it is safe to say that flying under the Golden Gate bridge would attract a lot of negative publicity and would ultimately be considered ...


11

Think about how your question is fundamentally different from this one: If you have friend in the USA that owns a lot of land that is suitable for landing a plane, and you own a private jet with 2 pilots in Colombia, can you takeoff in private property without notifying anybody on what you have on the plane and where you are going or anything like that ...


10

My experience is it is whether ATC files a complaint against you. It has to be pretty serious for them to do that. It works both ways, pilots rarely report ATC mistakes and so there is a gentleman's agreement to not sweat the small stuff. I have had ATC try to kill me at least 4 or 5 times and I never saw the need to report it. I figured the controller ...


10

In the US, pilots of one carrier may end up flying another carrier to position themselves. This is not the preferred routing of pilots for economic reasons, but it happens. In that case there may be crew on board wearing a different carrier's uniform. I know of no regulation prohibiting this practice.


10

Unfortunately, having been on board in this situation I can tell you what happened on board my flight: The deceased was covered and secured in the seat. The passenger sitting next to the deceased were relocated. Needless to say, it was a very somber flight. No announcements were made to the effect, but for the people sitting around the rows, it was very ...


10

AOPA has an entire article on it that's worth reading and while it's generally fine with the FAA (assuming the pilot isn't being careless or reckless), there may be other regulations or laws that apply. The article mentions: Permission needed for scattering over federal land Permission needed for scattering over water (federal and local regulations) State ...


9

By your description a "military" Chinook-type helicopter was flying at high speed over a congested area at about 100 ft AGL. The answer to your title question—Under what conditions would a helicopter be allowed to fly at low altitude over populated areas?—is twofold. Firstly, under FAA regulations (more on this in a moment), helicopters are not generally ...


9

I have no idea about the specific flight you saw, but the general answer to your question about operating legally below the minimum safe altitudes in 14 CFR 91.119 is that the FAA can grant a waiver allowing lower flight. The waiver process says that to get a waiver to 91.119(b) (flight over congested areas) there must be a public interest reason but ...


8

There's no way to know for sure, since UK does not allow us to listen to ATC transmissions, BUT... I seriously doubt the tower told them to abort the takeoff. I just don't see the company calling the tower unless it's a safety related problem. The company almost certainly called the aircraft who then had to inform the tower they had to return to the gate ...


8

https://skyvector.com/ Many areas of NYC are controlled area from the surface (SFC) on up, meaning you need to obtain clearance from the FAA before entering the area, either on the radio, or by a telephone call beforehand to enter the area at a specific time and following a specific flight path. I imagine your hang glider is not radio equipped, thus you ...


7

There are probably many answers, depending on the specifics of the situation. But at least one of your scenarios has a certain and definite answer. I don't think that the FAA has ever issued a legal opinion on this topic, and I kind of doubt they would, but we might be able to piece some answer together. But first let me address a couple of misconceptions ...


6

Two-way radios are just like any other communications device. If the captain says all such devices must be in flight mode at any particular moment during the flight, you are not allowed to use it and could be arrested if you do. Also, if the captain determines that something you are doing with your communications device is interfering with aircraft ...


6

No, your plan could never succeed. You could not file a legal flight plan since your plan has no provision for landing at an appropriate port of entry for customs and immigration clearance. If you attempt to make the flight without filing a flight plan, you would necessarily need to transit the North American ADIZ (Air Defense Identification Zone). The ...


5

Civil Helicopter Operations are greatly stilted by local county, and municipal laws that in many cases, prohibit helicopter operations. In cities where a public helipad has been established, flight operations are often severely restricted by annual movements, or specific hours of operation. With that said, here is an extract from a piece written by Matt ...


5

As any licensed pilot knows, the FAA and the US military are the "de-facto" regulators of 99.9% of what goes on in the air over the US (see: https://aviation.uslegal.com/government-regulation-and-control/state-aviation-regulations/ ). Still, state and local governments are not entirely powerless here. The general theory being more or less that, in cases ...


5

Generally speaking, ATC doesn't care who you are or where you're going. Their only job is "a safe, orderly and expeditious flow of traffic." If you request to amend the destination on your flight plan, they'll just type it into their computer and give back the new clearance it spits out. Diverting is a fairly routine thing, actually, especially when bad ...


5

Regarding flight time, duty periods, or rest requirements, no current regulations would have specifically imposed limitations on this flight. This flight would have been operated as a private flight under 14 CFR 91 under today's regulations. The flight, duty, and rest requirements are specified only for certain commercial operations including airline, ...


4

This is more of a law issue rather than aviation issue. Anyway here it goes: No, there is no copyright to prevent one manufacturer from copying another aircraft because aircraft design is not protected by copyright. The first rule about copyright is that it "protects an expression of an idea but not the idea itself". It protects technical diagrams, ...


4

It's addressed on a case by case basis, and either of the consequences are possible - but the only highly likely one is spending more personal time on explanations and/or paperwork than you would save with a false emergency. Rules are usually created for common occurrences. Simply admitting "there was nothing, I lied" instead of making up some vague concern ...


4

The FAA has limited ability to enforce criminal actions for non-compliance with FAR's. Essentially the pilot (certificated or not) would be subject to either Informal Procedures/Settlements, Certificate Actions, or Civil Penalty. The FAA's policies, procedures, and guidelines are located in the FAA Compliance and Enforcement Program, Order 2150.3B. In the ...


4

With mere possession the only issue you might run into is any live, functional weapons on the aircraft. This is governed more by the nature of the device than the person owning it. Generally speaking, Europe is far less accommodating regarding private citizen ownership of military weapons than the US, especially nasty ones like automatic cannons. If they ...


4

My company requires all pilots to position in uniform at all times. And we normally only position with other airlines since we fly charter, and often needs to position to meet the aircraft somewhere to replace the operating flight crew.


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