This is a small, but potentially significant, factor if someone were to
lose an engine over a populated area and execute an off field landing, and cause
property damage or worse.
PHASE II
(9) This aircraft is prohibited from
operating in congested airways or over
densely populated areas unless
directed by Air Traffic Control, or unless
sufficient altitude is
maintained to effect a safe emergency landing in the
event of a power unit
failure, without hazard to persons or property on
the
surface.
But FAR 91.119 states:
Minimum safe altitudes: General.
Except when necessary for takeoff
or landing, no person may operate an aircraft below the following
altitudes:
(a) Anywhere. An altitude allowing, if a power unit fails, an
emergency landing without undue hazard to persons or property on the
surface.
My concern is the word "undue" that's included in the FARs. That
sounds like an opening for the FAA to file some violation against us
Experimental guys if we have an off airport landing in a populated
area.
Maybe I'm splitting hairs, but that's the stuff lawyers make a living
doing. Without the word "undue", we now have to insure we create "zero"
hazard situation.
I guess I wish I had the "undue" in my Operating Limitations.
Mike Easley