Light Sport-fly12,000 if over 10,000 mountain in area
Posted: Mon Aug 27, 2012 10:04 pm
As a law professor but NOT as a lawyer, I have done the following legal analysis.
Issue: Can a sport pilot fly at 2,000 feet above the terrain within a 50 mile area even if causing pilot to fly at 11,000 feet. § 61.315 (11) At an altitude of more than 10,000 feet MSL or 2,000 feet AGL, whichever is higher.
Yes. The analysis turns on the word "area." If terrain in the moutain area is 9,700 feet then you are in the area of the 9,700 feet terrain. Therefore, if a pilot sees that in a chart square that sport pilot is flying in is adjacent to another chart square that has a 9,700 agl then the pilot may fly fly 11,700 (but of course needs oxygen).
Analysis. The CFR does not define what above "ground level" specifically in the rule which states LS pilot may fly 2,000 above terrain.
The CFR also does not specify nor define what range should be considered when stating "above terrain" nor does it define "average" and in what area shall be considered in the "average" conclusion. It is apparent that a pilot can best and safely fly as to not constantly raising and lowering his altitude in a mountainous region.
Analogy to this issue can be found elsewhere in the CFR:
(a) Congested Area. The congested nature of an area is defined by what exists on the surface, not the size of the area. While the presence of the nonparticipating public is the most important determination of congested, the area may also be congested with structures or objects. An area considered congested for airplane operations could be equally congested for helicopters. If an airplane flying over a congested area at less than 1,000 feet above ground level (AGL) is in violation of 14 CFR § 91.119(b), the area may also be a congested area for a helicopter conducting external-load operations. However, the most important word in this concept is over. Helicopters can operate over relatively small uncongested areas because of their maneuvering abilities.
Therefore, the CFR takes a reasonable approach to what is an "area" based on his on site opinion as to what is safe, considering weather conditions, turbulence, mountain waves, speed of aircraft and visability. Therefore, a light sport pilot may fly at, for example, 11,000 feet (use OX) if the terrain in the reasonable "area" is at 9,000 feet.
That is my analysis as a law professor and not a lawyer and I may very well be full of shit.
Issue: Can a sport pilot fly at 2,000 feet above the terrain within a 50 mile area even if causing pilot to fly at 11,000 feet. § 61.315 (11) At an altitude of more than 10,000 feet MSL or 2,000 feet AGL, whichever is higher.
Yes. The analysis turns on the word "area." If terrain in the moutain area is 9,700 feet then you are in the area of the 9,700 feet terrain. Therefore, if a pilot sees that in a chart square that sport pilot is flying in is adjacent to another chart square that has a 9,700 agl then the pilot may fly fly 11,700 (but of course needs oxygen).
Analysis. The CFR does not define what above "ground level" specifically in the rule which states LS pilot may fly 2,000 above terrain.
The CFR also does not specify nor define what range should be considered when stating "above terrain" nor does it define "average" and in what area shall be considered in the "average" conclusion. It is apparent that a pilot can best and safely fly as to not constantly raising and lowering his altitude in a mountainous region.
Analogy to this issue can be found elsewhere in the CFR:
(a) Congested Area. The congested nature of an area is defined by what exists on the surface, not the size of the area. While the presence of the nonparticipating public is the most important determination of congested, the area may also be congested with structures or objects. An area considered congested for airplane operations could be equally congested for helicopters. If an airplane flying over a congested area at less than 1,000 feet above ground level (AGL) is in violation of 14 CFR § 91.119(b), the area may also be a congested area for a helicopter conducting external-load operations. However, the most important word in this concept is over. Helicopters can operate over relatively small uncongested areas because of their maneuvering abilities.
Therefore, the CFR takes a reasonable approach to what is an "area" based on his on site opinion as to what is safe, considering weather conditions, turbulence, mountain waves, speed of aircraft and visability. Therefore, a light sport pilot may fly at, for example, 11,000 feet (use OX) if the terrain in the reasonable "area" is at 9,000 feet.
That is my analysis as a law professor and not a lawyer and I may very well be full of shit.