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Jon,
Let me post what an FAA inspector from the St. Louis FAA FSDO wrote to me a couple of years ago regarding low passes. If you feel after reading this it is "perfectly safe and legal" I would recommend you send your video to the local FSDO in your area and get a read from them. I think the true test of what is legal and safe would be to put your money (ie. your pilot certificates) in front of the FSDO when you give them the video. I might add that a similar low pass at our airport landed the "professional pilot" in front of a local FAA inspector with the threat of losing his pilot certificate. He does not do low passes any more.
Jeff
"There are two regulations related to this subject; 14 CFR 91.13(a) and 14 CFR 91.303. In my opinion, the described event would violate both regulations. However, there is no absolute litmus test. Cases vary and that is where judgment comes into the picture. How fast, how low, how crowded, what weather, and many other factors.
I have had three personal experiences with such situations.
In one case I observed such a pass at a grass strip operated by a flying club. I simply called the club's safety officer and reported my observation and asked him to look into it and see if the club wanted to operate in such a manner. He talked to other witnesses and then presented his findings to the club's board of governors. They issued a B-no (as in there will B-no more of that). Later the safety officer called me and said that although he was getting compliance from the pilot, he was receiving a constant barrage of arguments from the pilot that what he had done was perfectly legal and safe. The safety officer asked me if I could send him some case law to use in the ongoing argument. I said I would do better than that. I'd be happy to come out the airport and video tape the event and we could take it to court and when he got his turn to testify he could tell the judge about his legal and safe flying. My offer was not accepted and the pilot no longer wanted to argue with the safety officer.
In another case, I observed a low level high speed pass over a runway at a small airport. After the aircraft landed, I introduced myself to the pilot and asked for his certificates as part of a ramp check. Then I started looking at the aircraft maintenance records. I explained to the pilot that he drew my attention with his pass. He wanted to argue that what he had done was legal, but as I kept looking at his maintenance records, his arguments became milder. Then he said he was of the opinion that if a person looked hard enough they could probably find something wrong with most airplanes. I told him I agreed and kept looking. Then he said that if it would make me happy he would promise to not do that again. I closed the books and told him I was just concerned about his safety. To his credit, he didn't do that again and we have even become friends since then.
In the third case, the event was too extreme to handle with anything but an enforcement. The case went to court and the judge suspended the pilot's certificate.
However, being legal pales in comparison to being safe. There are a great many things that can be done legally that are dumber than dirt. As an example, it is legal to take off single pilot in a single engine airplane with a single vacuum pump in zero-zero weather. Hopefully nobody would entertain such an idea. It is legal for a pilot who hasn't even been near an airplane since his flight review
23 months ago to climb into an airplane and fly solo. Again, legal, but certainly not a good decision.
Personally, I can't think of any justification for low level high speed passes. I do know that if anything goes wrong during such an event that the fact the pilot was using practices outside of the Aeronautical Information Manual will work against the pilot in court."
I've never posted on the LML before but I'd like to respond to those unhappy
with the Legacy videos.
I posted a video of my Legacy http://www.youtube.com/watch?v=htM9K3BwXbU and
what you see is a "low approach" directly over the runway a maneuver that is
perfectly legal and safe. Everybody I have met that has seen the video has
enjoyed it. I'm sorry that some feel it demonstrates reckless behavior, I
simply disagree. I built my airplane to enjoy and I'm proud of the video we
shot. For those that may be unhappy with my video I'd rather you just
appreciate it for what it is and go on your way without comment.
Jon Socolof
-----Original Message-----
From: Bryan Wullner <vonjet@gmail.com>
To: lml@lancaironline.net
Sent: Sun, 31 Aug 2008 6:49 am
Subject: [LML] Re: Legacy video
If the IV is or becomes un-insurable what does that mean for Lancair's future? I would think insurance companies would just start adding other Lancair models to the list of un-insurables too.
Whats wrong with mandatory initial training?
Bryan
On Fri, Aug 29, 2008 at 4:11 PM, <vtailjeff@aol.com> wrote:
John, Bryan & other like minded individuals,
In case you have been living on another planet these last few months you may not be aware of the crisis our deceased Lancair brethren have created.
1. If you own a Lancair IV series aircraft you have been informed by AIG that they will not renew your insurance policy due to the Lancair losses this past year (and not all Lancair losses are IV's). Although I was paying over $7000/ year for hull and liability-- I may not be able to get it at all. Thank you very much.
2. The FAA is seriously considering making mandatory initial training by an approved CFI prior to acting as PIC. Thank you very, very much.
These aircraft are not toys. Please fly responsibly. We do not need any more accidents. If you post your stuff on youtube.com--do not be shocked that someone thinks negatively of you actions.
Best Regards,
Jeff
Posted for "Jon Socolof" < jsocolof@ershire.com>:
Hi,
I've never posted on the LML before but I'd like to respond to those unhappy
with the Legacy videos.
I posted a video of my Legacy http://www.youtube.com/watch?v=htM9K3BwXbU and
what you see is a "low approach" directly over the runway a maneuver that is
perfectly legal and safe. Everybody I have met that has seen the video has
enjoyed it. I'm sorry that some feel it demonstrates reckless behavior, I
simply disagree. I built my airplane to enjoy and I'm proud of the video we
shot. For those that may be unhappy with my video I'd rather you just
appreciate it for what it is and go on your way without comment.
Jon Socolof
Legacy 212XP
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