dmccormack
Touchdown! Greaser!
- Joined
- May 11, 2007
- Messages
- 10,945
- Location
- Lancaster County, Pennsylvania
- Display Name
Display name:
Dan Mc
A helicopter is just ten thousand pieces circling around an oil leak
A helicopter is just ten thousand pieces circling around an oil leak
So what kind of helo do you own?
Don't Police and DNR and other government aviation services operate "for public good?" They are not formally bound by 14 CFR? Their compliance with Federal Aviation Regulations is technically voluntary. This is why in thier operating practices they will say "flights will be conducted under section 91 ..."
What other measure of efficiency do you propose? Fuel burn? Maintenance costs? Overall abuse to the air? What?
I still don't know of any planes that fly at 0 airspeed, unless you block the pitot tube.
Wow we're two pages into a helicopter thread, and no one has posted this yet??
OK efficiency is the wrong term, how about best tool for the job of flying low? That said rag and tube airplanes are good fun.
He isn't bound by the regulation except as they adopt them as part of their operating practices. He is operating "for public good" I couldn't locate a clean reference but I believe this is the case.
Depends on whether it's State, Fed, or local.
Generally, Fed is exempt from FAA regulations. State and local are generally bound by FAA regs, however, the FAA regs often make exceptions for State and local operations. Emergency operations are almost always excepted. And many state/local operations hold waivers of one sort or another (in the DC area, for example, the state/local police operations (and Medevac) generally have FRZ & SFRA waivers among other things).
If the feds are "exempt" from FAA regulations, how come the military, CBP, etc., have to request exemptions from the FAA, and more importantly, the FAA can and has denied their requests?
It's based on letters of agreement and interagency working groups. Those LOAs specify who is in charge and what must conform/not conform. That's particularly true as it relates to airspace (FAA generally controls, except in reserved areas) where there has to be coordination between civilian and federal uses.
So, unless the FAA agreed otherwise, the FARs apply to aircraft operated by the feds.
Not true. It's kinda the inverse. An LOA defines how the agency aircraft will operate within the NAS.
While most agencies require pilots to have an FAA license, it is not a (legal) requirement (it might be part of a job description) when operating USG aircraft. Mods to aircraft don't necessarily need to conform to FAA specs. Maintenance doesn't have to be done by and FAA A&P. Annual inspections are not necessarily required. etc. etc.
Now as a practical matter, most agencies do try to comply with applicable FARs. But they're not required to.
BTW, it's a similar thing in the electromagnetic spectrum side (radio/tv/telecom). The FCC doesn't licence/authorize govt agencies, there is a separate Federal agency (part of NTIA) that coordinates uses. Note that I didn't say "license" - it acts to coordinate uses to avoid interference. The military has a similar office that does coordination within the military frequency bands.
Title 49 U.S.C. 1348, Airspace control and facilities-- Use of airspace, provides in subsection (c), Air traffic rules:
'The Administrator is further authorized and directed to prescribe air traffic rules and regulations governing the flight of aircraft, for the navigation, protection, and identification of aircraft, for the protection of persons and property on the ground, and for the efficient utilization of the navigable airspace, including rules as to safe altitudes of flight and rules for the prevention of collision between aircraft, between aircraft and land or water vehicles, and between aircraft and airborne objects.'
The term 'aircraft' is defined in 49 U.S.C. 1301(5) as 'any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air.' The parties are agreed that appellee was operating an 'aircraft' at the time in question.
Pursuant to the above authority, regulations pertaining to flight rules were promulgated. By express provision, these regulations apply to 'aircraft'-- and not simply to 'civil aircraft' ('any aircraft other than a public aircraft,' 49 U.S.C. 1301(14)), as appellee herein contends. Thus, 14 C.F.R. 91.1, Applicability, provides that 'this part describes rules governing the operation of aircraft (other than moored balloons, kites, unmanned rockets, and unmanned free balloons) with the United States.' Hence, 'public aircraft' are not specifically excluded in 14 C.F.R. 91.1.