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"Jonathan Goodish" wrote in message
... There is nothing in the FARs that would suggest that runway "fly overs" are illegal. If there is no intent to land, I'd say 91.119 certainly can be read as just such a prohibition. Please explain how an intent to land is a requirement of FAR 91.119? Um...all of the minimum altitudes apply unless for the purpose of a takeoff or landing? Duh. The requirement is to be given an exception to 91.119. FAR 91.119 (a) says that I may not fly below an altitude allowing a safe emergency landing, irrespective of whether I intend to land or not. (a) is the broadest, least-likely-to-apply situation. It prescribes the absolute minimum altitude anywhere. 91.119 isn't a menu, where you get to choose which paragraph you want to comply with. You have to comply with them all. The language, "Except when necessary for takeoff or landing," provides me with an exception to the rest of 91.119 as long as I am taking off or landing. But, it does not indicate a violation for low-level flight as long as I meet the requirement if paragraph (a) without violating anything in paragraphs (b) or (c). If you are at any public, municipal airport, there is no way you are meeting the requirement of (a) without violating (b) or (c). Aside from any other argument, it would be very difficult for anyone to argue against an intent to land for someone performing a low-pass on an open runway. If you'd bothered to read the related thread, "Case law on runway buzzing/flyovers", you'd understand why that statement is just plain false. There are many cases where the FAA has successfully argued against an intent to land for someone performing a low-pass on an open runway. Two prime example situations are when the runway was never a suitable landing site for the airplane in the first place, or when the approach to the runway was not made in a manner conducive to an actual landing (that would, of course, require a reliable witness to describe the entire approach). Pete |
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