Thu, Dec 06, 2007
No Criminal Penalties For Accidental Violations
Do you want to hear the good news first, or the bad
news? According to the Aircraft Owners and Pilots Association,
pilots will continue to face the possibility of a military escort
and FAA certificate action if you inadvertantly bust
a temporary flight restriction (TFR)... but you won’t
face criminal penalties.
As ANN reported in October,
AOPA had feared a change in wording in security NOTAMS, that
apparently left open the possibility anyone who violated a TFR --
even if the incursion was accidental -- could face criminal
charges. The pilot advocacy group called on the FAA to clarify its
intentions.
FAA Acting Administrator Bobby Sturgell has since set the record
straight, AOPA said Thursday.
In a November 26 letter to AOPA President Phil Boyer, Sturgell
wrote, “I want to reassure you that pilots who commit
inadvertent violations of TFRs protecting security airspace are not
subject to criminal charges and fines under 49 U.S.C. 46307. The
FAA will refer to the Department of Justice for criminal
prosecution only TFR violations of National Defense Airspace that
involve Knowing or willful conduct.”
Sturgell added enforcement actions for unintentional TFR
incursions have not changed much since 2002... and that criminal
penalties have always been a possibility for those who knowingly or
willfully violate a TFR.
Which supports a belief held by AOPA, the FAA, and most pilots
-- that careful and thorough preflight planning is a must, before
taking flight.
“Pilots who perform detailed preflights and check notams
multiple times before they take off can still be caught by a
last-minute pop-up TFR along their route,” said Boyer.
“We’re pleased that the FAA won’t seek criminal
penalties against these pilots.”
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