is this legal? (FAA/FAR guru's needed :))

[mattpilot]

y'ello!

I've been thinkin' lately (and man, does it hurt), and i've stumbled over a, in my opinion, pretty interesting thing.

Main Question: Is it legal to land virtually ANYWHERE (includes non-airport environments like public roads or farms/beaches/etc..) without braking any rules or regulation and getting fined and stuff?

lets assume the pilot has been given permission to land on non-airport environments by their respective owners (farms, etc..).

One of my instructors told me a few months ago that he knew someone who was flying somewhere in NM and he had to go peeing. So he landed on this road which was barely used. After peeing he just took off again. Of course this was 'back in the days'.



Now i looked into the FARs, and i can't find a provision that says you can't land anywhere you want too. Is there a provision that says that you must land on airports?


Also NTSB 830 says you do not have to report off-airport landings. It says you must only report if certain things occured.
One of them is "any occurence that could affect the safety of operations". I assume this would not apply since the pilot would willingly try to land on a underdeveloped farm, right?


Anyway, whats your "well-educated" opinion? :D

[slim_slag]

The FAA don't really care where you land as long as you don't do something naughty passing through controlled airspace on the way.

It then depends on who owns the land. Places like National Parks are a big no no because the Feds say so. For roads and the likes, it depends on the State. Lets say you make a precautionary landing on some highway and determine you can safely depart. In some states you can get a friendly cop to close the road and take off, in other states you need to crate the plane up and put it on a truck.

On private land, I think you can do whatever the land owner lets you. I guess zoning might play a part if you want to build an airstrip.

Well, that's my understanding of it.

[Naples Air Center, Inc.]

mattpilot,

Another thing to take into consideration, will your insurance company allow it? They will be a lot stricter than the FARs.

Happy Flying,

Capt. Richard J. Gentil, Pres.
Naples Air Center, Inc.

[mattpilot]

thanks for your replies.

I'm not actually thinking of doing it. I was just wondering if the story from my instructor could actually be true or if its just a fools tale.

Btw, are there any laws governing private airports (non-public use)? Part 150-169 dont say anthing.

I mean, is it legal for me to buy some acres out in central america, mow the grass (maybe even out the dirt a bit), and call it my 'strip' ?

[411A]

Depending on local zoning requirements, yes you can. However, if the approach to your private airstrip is over someones else's land, they might object.
Distance from and proximity to obstacles has a large part to play in many court cases previously.
If your neighbor takes you to court, the outcome can never be truly predicted.
IF you buy enough land...then generally, no problem.
Suggest 160 acres...minimum

[dick badcock]

I believe JARs state that a pilot in command can do anything he deems necessary for the safety of the flight even if it means breaking rules. Ie if you break a rule, you'd better have a darned good excuse! Hmm....would taking a leak qualify? Leave that one for the lawyers!:cool:

[FlyingForFun]

Not directly relevant to the question, because you're asking about the USA. But in the UK, I believe you can set up an airfield anywhere you want as long as the landowner gives you permission. The only problem is, you can't use it whenever you want.

There's a rule in the UK called the "28 day rule", which means that you can use your private land for any (legal) purpose at all, but only for 28 days a year. The rule was created to enable people to run car-boot sales, etc, from their private property without needing explicit permission - but by restricting it to 28 days a year, they ensure that you can't set up a permanent business. (What's the American equivalent of a car boot sale? I assume Americans don't use that term, because you guys call a boot a "trunk".)

The same rules will also allow you to use your private property as an airfield, but only for 28 days a year, without needing to get permission from anyone.

Of course, there are low flying rules which you have to be able to comply with. Some of the low-flying rules contain exemptions for take-off and landing which apply only to licensed airfields, so you'll still have to obey these rules when taking off or landing at your private strip. This will limit your options somewhat. And safety concerns will obviously play a big part in deciding where to set up your strip.

This is my understanding from bits that I've read here and there - I'm not an expert, and I've never researched it since I don't expect I'll ever own enough land to be able to do this myself! But I thought it might be interesting.

FFF
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[mattpilot]

thanks again!

just thought you'd like to know this:

here in the US you can descend below the minimum altitude only in emergencies or when attempting to land.

Btw, i dont have enough money either to build me a 'strip, but i brought it up because i thought it was interesting. And it can't be to expensive in the US, because there are roughly 15000 private strips here. :) if ya in a rural (not to rural) area, you can get 1 acre for $500

[slim_slag]

here in the US you can descend below the minimum altitude only in emergencies or when attempting to land.

FAR 91.119 is the applicable reg. There is nothing to stop you flying for miles at 1 foot AGL over a nice smooth patch of desert as long as you stay 500ft from any 'person, vessel, vehicle or structure'.

If you decide to do something as recklessly enjoyable as this, you should always maintain and be pushing against some 'up trim', just in case your hand slips off the stick. Also be careful when you turn, lest you drag a wingtip.

Or so I have been told :D :D :D

[mattpilot]

its true :D

[FlyingForFun]

Same rule here in the UK.

Except there aren't too many nice smooth patches of desert with no person, vessel, vehicle or structure which are big enough to be able to do this. :(

But I did have fun doing it in America, although I think it was closer to 10' than 1' :D With a very experienced instructor on board, and in a suitable aircraft, of course!

FFF
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