Baseball & Turns Around A Point

Baseball season is in full swing. Locally, the San Francisco Giants are off to a good start to the season. In my hometown (Dallas, TX), the Texas Rangers (2-time World Series Contenders) are also off to a strong start leading their division. With respect to aviation law, why should you care? There are some peculiar similarities between the two teams that could give rise to an identical infraction by Airmen who happen to be baseball fans.

Both the Texas Rangers and SF Giants baseball stadiums sit beneath the Class B Airspace of DFW & SFO respectively. Each stadium is far enough away from the primary airport, such that a pilot flying VFR could fly below the Class B Airspace and get close enough to observe a game in progress. (Technically, to fly over the SF Giant’s stadium, a pilot would need permission to transit Oakland’s Class C Airspace). In any event, the possibility exists to view a game in progress from the air.

Before you fuel the plane and embark on an afternoon of turns around a point, consider the applicable Federal Aviation Regulations (FARs). Specifically, FAR section 91.119 provides in pertinent part, “Except when necessary for takeoff and landing, no person may operate an aircraft below the following altitudes:…(b) Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft….”

A Major League Baseball game in progress constitutes an open air assembly of persons as does similar sporting events such as a NASCAR race, an outdoor ATP/WTA tennis event; and arguably a kid’s weekend soccer game or a company softball game. If you fly your aircraft over one of these events to enjoy a bird’s eye view, then take every precaution for the safety of the spectators below to remain 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet. When flying over Texas stadium, the area surrounding the stadium is relatively flat there don’t appear to be structures close by within 2,000 feet that are taller than the lights of the stadium. Prudence would dictate that you fly 1,000 feet above the tallest point at the stadium. If flying over the SF Giants stadium, then take into account that there are buildings taller than the stadium adjacent or close by to the stadium which would necessitate a higher altitude to comply with the FAR.

Before setting off for a joyride above the ballpark, be certain that you can perform the flight safely for yourself, your occupants, and the spectators on the ground below while complying with FAR 91.119. Note that FAR section 91.13 prohibits a pilot from operating an aircraft in a careless or reckless manner so as to endanger the life or property of another. A spectator on the ground won’t be familiar with the FARs and could place a call to the local FSDO to report an aircraft buzzing the game. When the FAA investigates, they may very well conclude that your operation of an aircraft close to the minimum altitudes constitutes a careless or reckless endeavor. Do your planning and take the proper precautions to avoid getting involved in a needless FAA enforcement action. If you have questions about FAR section 91.119 or any other FAR, then contact Ronnie Gipson for clarification. He can be reached by email at Gipson@higagipsonllp.com or by telephone at (415) 692-6520.

FAA Safety Team Clarifies IFR Currency Requirements in FAR Part 61.57

On December 16, 2011, the FAA issued a technical correction to 61.57(d) to clarify the meaning of the latest change to the instrument flight rules (IFR) currency regulation. The FAA wrote as follows:

The revised language makes it clear that a pilot who has failed to maintain instrument currency for more than six calendar months may not serve as pilot in command under IFR or in weather conditions less than the minimums prescribed for VFR until completing an instrument proficiency check. A pilot whose instrument currency has lapsed for less than six months may continue to reestablish instrument currency by performing the tasks and maneuvers required in paragraph (c).

On January 27, 2012, The FAA Safety Team issued a notice clarifying the technical amendment to the IFR currency requirements under FAR part 61.57. Notwithstanding certain exceptions, this section of the FARs describes procedures that an Airmen must follow to regain IFR proficiency when his currency has lapsed. In short, a pilot may reestablish instrument currency that has lapsed for more than 6 months by obtaining an Instrument Proficiency Check (IPC).

The following timeline illustrates the correct application of part 61.57(d):

• As of January 31, 2012- a pilot is no longer instrument because they no longer meet the recent experience requirements found in 61.57(c). This pilot may no longer act as PIC of an aircraft operating under IFR or in weather conditions less than the minimums prescribe for VFR.
• From February 1, 2012 to July 31, 2012- the pilot has between these dates to obtain the recent experience requirements found in 61.57(c). This experience may be obtained through instruction, the use of a safety pilot, or through a simulator/training device.
• As of August 1, 2012- If by this date, the pilot has not regained instrument currency, then the only method by which a pilot may become instrument current again is by obtaining an IPC.

If you have questions about the proper implementation of FAR Part 61.57, then contact Ronnie Gipson by email at Gipson@higagipsonllp.com or by telephone at 415.692.6523.