TFR Bust = Criminal Record For Pilots?

On 2007-10-24 04:19:56 -0700, Ron Natalie said:

JGalban via AviationKB.com wrote:
Larry Dighera wrote:
An emergency situation forced a decision to violate the TFR.


In an emergency, there is no violation of the TFR. The PIC has the
authority to devitate....


I wouldn't bet my skin, tin, or ticket on that one.
The fact you are in distress isn't going to keep the guys in the
black helicopters or F-16's from trying to intercept you.
The FAA's track record on emergency authority isn't as iron clad
as you would like. The FAA has decided that if you get into the
emergency by your own screw up then they will still blast you for
the resulting deviations.

No one has been shot down by black helicopters or F-16s. Imagine the
fallout if someone were. "FAMILY OF FOUR SHOT DOWN BY F-16. A family of
four in a Cessna were forced to descend into a temporarily restricted
area when the engine on their airplane quit for unknown reasons.
Although the pilot broadcast his emergency on the radio, the F-16s were
not equipped with civilian frequencies and opened fire without warning."

Nope. Don't see it happening. Heads would roll and it would be the end
of the TFR system as we know it.

This is not something new. The FAA has always had the authority to
press criminal charges against pilots the willfully violate restricted
areas. It is not surprising that they have had to publicly re-assert
this authority in view of the numerous pilots violating flight
restrictions.

But fear of getting shot down or charged with criminal activity are
poor excuses for staying out of TFRs. Fear of getting slammed by a
DC-10 full of fire retardant, crashing and starting yet another fire
ought to be foremost in your mind.
--
Waddling Eagle
World Famous Flight Instructor