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Old July 27th 06, 08:50 PM posted to rec.aviation.piloting
Peter Duniho
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Posts: 774
Default Flying over the runway is illegal?

"Jose" wrote in message
. com...
I wonder how one can legally practice engine-out procedures (trim for best
glide, find a suitable field...) since part of the practice is to see if
one can actually =make= the field one has picked out by using the
procedures one is practicing.


FYI...

As it happens, I just flew with an instructor yesterday, doing my BFR.
During our ground discussion, he told me that he was involved in an incident
in which the FAA cited him for violating the minimum safe altitude
regulations. In his case, he was not doing engine-out practicing, but that
did come up, and here's what the local FAA inspector said...

* There is no "sparsely settled" area anywhere within the Puget Sound
region, even in locations where it is miles to the nearest structure. The
FAA does not provide any guidance as to what *is* a sparsely settled area,
but apparently if there's any settlement anywhere within some apparently
long distance, that's not "sparse".

* There is no exception to the minimum safe altitude rules for the purpose
of practicing engine-out procedures. If you are not over a sparsely settled
area (of which there are none around here, and by this interpretation there
would be none around ANY significantly populated region), then you may not
descend below 500', and that goes up to 1000' above the highest obstacle
within 2000' of the aircraft if the area is considered "congested" (note
that they don't restrict that to man-made obstacles...if there's a 100' tree
around, quite common here in the Northwest and elsewhere, your minimum
altitude is actually 1100' AGL, for example).

* The inspector readily admitted that there is no formal definition of the
terms, and declined to offer any formal definition of the terms. They are
playing by the rules set forth by the NTSB in past judgments, in that the
FAA is permitted to interpret their rules as they see fit, and are not
required to make any explicit statements about the specifics of the rules.
So, if they see a pilot flying lower than the FAA inspector thinks he should
be, and the altitude is below *some* minimum safe altitude specified, the
inspector need only describe the area as an area where a higher altitude is
required, and there's no defense that the pilot can mount against that.

So, as far your actual question goes...it depends on what you mean by "see
if one can actually make the field", but if that would require flight below
500' and you're not at an airport, then no, you can't do that practically
anywhere that people live. If you're flying in a congested area (and
remember, there's no formal definition of "congested area"), that minimum is
the 1000' given.

With a minimum altitude of 1000' above the highest obstacle within 2000',
I'd say it'd be pretty hard to know for sure that you've got the field made.
An experienced instructor could make a reasonably accurate judgment call,
but from that altitude, all sorts of things could screw up the glide.

Frankly, I think it's pretty lame for the FAA to have rules for which they
don't include definitions of the terms used. I'm not one to just broadly
paint the FAA as being bad, but this is certainly one area in which they
need some serious improvement.

Pete