Originally Posted by
HoundDog
Of course he flew too close to a full scale but then he has to be charged & prosecuted for that not because he was too close to an airport. A good lawyer would get him off if he was only charged for flying in side the 5 mile ring.
Originally Posted by
cj_rumley
Bingo! Point well made, Dawg.
Originally Posted by
Sport_Pilot
Good point but I suspect that catching you flying within the 5 mile area even over 400 feet would get you a slap on the wrist or a small find. Flying within 50 feet of an airliner would get you a huge fine, maybe a night in jail.
Excellent point. The prosecutor has to be very careful when deciding which charges to file. That said, most prosecutors simply file as many charges they can think of, in the hopes that at least one will lead to a conviction. Under this logic, the pilot in this case could theoretically be charged with trespassing and reckless endangerment (perhaps 100+ counts, depending on how many souls were aboard that aircraft), in addition to any other offenses the prosecutor can conjure up, Once the prosecutor threatens the defendant with a few years (or more) in prison, the defendant may be willing to plead to one or two counts, in exchange for his or her freedom. Interfering with a full scale aircraft is also a criminal offense, at least in some states.
I not an attorney, but based on my understanding, flying within 5 miles of the airport is a violation of a FAA policy, but not a criminal offense. If this is the case, criminal prosecution may not be possible for this particular offense. A fine is quite possible, though.
Originally Posted by
HoundDog
U are probably right on that it would be a minimal punishment butThe 2 Key Words here are catching you. That just doesn't seem to happen, very often. Does it?
Anohter good point, Virtually all pilot who have allegedly flown near full scale aircraft are never found. Of course, this fact may motivate the FAA and prosecutors to make an example out of the few people that they do catch.