TFR imposed over Fossett’s Crash Site

A blogger “investigator” managed to piece together a virtual view of the crash site of a millionaire pilot that has been missing for over a year. Frank Taylor, author Google Earth Blog, pieced together information about the general location of the crash site moments after authorities discovered the wreckage of Steve Fossett. The investigator discovered that the FAA put out a temporary no-fly restriction to prevent pilots from flying over the area in support of the investigation.

A TFR is a regulatory action issued via the U.S. Notice to Airmen (NOTAM) system to restrict certain aircraft from operating within a defined area, on a temporary basis, to protect persons or property in the air or on the ground.

The FAA issues TFRs under the following regulations:

(1) Section 91.137, Temporary Flight Restrictions in the Vicinity of Disaster/Hazard Areas;

(2) Section 91.138, Temporary Flight Restrictions in National Disaster Areas in the State of Hawaii;

(3) Section 91.139, Emergency Air Traffic Rules;

(4) Section 91.141, Flight Restrictions in the Proximity of the Presidential and Other Parties;

(5) Section 91.143, Flight Limitation in the Proximity of Space Flight Operations;

(6) Section 91.145, Management of Aircraft Operations in the Vicinity of Aerial Demonstrations and Major Sporting Events; and

(7) Section 99.7, Special Security Instructions.

National Airspace System (NAS) users or other interested parties should contact the nearest flight service station for TFR information. Additionally, you can find TFR information on automated briefings, NOTAM publications, and on the Internet at http://www.faa.gov. The FAA also distributes TFR information to aviation user groups and requests these groups to further disseminate the information to their members.

Code of Federal Regualtions (CFR) § 91.103   (Preflight action) requires that “each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight”. This includes familiarizing yourself with any applicable TFR’s that have been issued on your route of flight. The best way to avoid flying into a TFR is to get a detailed weather briefing prior to each flight, and specifically ask for any known TFR’s along your intended or potential route. Keep in mind that TFR’s can appear at any moment. Many pilots get complacent when flying in familiar areas and neglect to follow proper procedures to determine if any TFR’s have been issued in their area. See number 4 above. We are in ELECTION SEASON and Presidential TFR’s can pop up at any time the President or a presidential candidate arrives in your area.

If you have penetrated a TFR and are being investigated by the FAA for failure to avoid flying into restricted airspace, you need the help of a qualified and knowledgeable aviation attorney immediately. Do NOT wait for them to complete their investigation. Talking to the FAA without representation will most likely hurt, rather than help, your case and only aides to assist them in their prosecution of you! Call the aviation lawyers at Houston & Blanco TODAY at 714.841.3921 or email at info@HBLawyers.net.