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Legal eagles - what's your take on this airspace issue?



 
 
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Old February 24th 09, 01:47 AM posted to rec.aviation.soaring
Tuno
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Posts: 640
Default Legal eagles - what's your take on this airspace issue?

I'm rather surprised my original post on this topic didn't generate
any discussion, so I'm going to try again with what I learned since my
last. (Thank you CH!)

The first two press reports on the incident, where a powered
pagaglider pilot was arrested by Hualapai tribal police even though he
never set foot on their reservation, are available he

http://azdailysun.com/articles/2009/...ont_189411.txt
http://azdailysun.com/articles/2009/...ont_191094.txt

I was curious about the tribe's lawyer's statement in the more recent
report that "[t]he Hualapai have Federal Aviation Administration-
issued permission to regulate air traffic flying over their lands." I
received no replies from inquiries faxed to the tribal council or the
lawyer, but the reporter replied to my e-mail that the lawyer was
referring to CFR paragraph 93.319(f), which governs commercial air
tour limitations over the Grand Canyon:

http://edocket.access.gpo.gov/cfr_20...4cfr93.319.pdf
http://grandcanyonairspace.iat.gov/index1.html

Now, I'm no lawyer, but my reading of the CFR is that permission is
required from the Hualapai tribe for *commercial* flights that are
*in* the Grand Canyon National Park (GCNP) Special Flight Rules Area
(SFRA). The boundaries of this SFRA are specified in subpart U and in
the National Flight Database, and the arrested pilot had carefully
avoided avoid this airspace.

I really feel bad for the PPG pilot. By all appearances he was careful
to follow the rules, but his flying and camera equipment are still
being held by the Hualapai, who are currently demanding an apology
after first demanding $25,000.

What say you pilots with legal type ratings?

~ted/2NO
 




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