Idiot Sherriff Arrests 70 Year Old Glider Pilot......For Just Flying

A South Carolina Sherriff by the name of J.Wayne Byrd, in an obvious and desperate attempt to live up to his surname, arrested 70 year old glider pilot Robin Fleming for--are you ready for this--flying through a non-existant no-fly zone. Fleming was legally flying through airspace around a nuclear power plant.

He was ordered to land, arrested and held in jail for more than a day and charged with--wait for it--breach of the peace in a glider!!

Now, the idiot Sherriff graduates to moronic status. He calls in the FAA, TSA, Homeland Security and the FBI(beginning to sound a lot like Alice's Restaurant don't y'all think-litterin' and flyin') who all eventually realize that local law enforcement knows nothin' 'bout the complexities of airspace and non-existant airspace violations. But shouldn't the alphabet soup of organizations have been able to tell the "Mayberry Marvel" all this before they actually went to the scene of the non-crime.


Time to lawyer-up Mr.Fleming and I hope you enjoy your new motorglider with the proceeds!!

Aren't nuclear power plants a restricted area, though I don't know how far out or above the restriction would extend?

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Originally Posted by Bill Greenwood

Aren't nuclear power plants a restricted area, though I don't know how far out or above the restriction would extend?

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Answer in general is "no" and in this particular case there are no restrictive indications on the area VFR chart.

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Originally Posted by Bill Greenwood

Aren't nuclear power plants a restricted area, though I don't know how far out or above the restriction would extend?

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No. Pilots are "requested" to "avoid loitering" in the area of a nuke plant, but there's no prohibition.

I used to fly my PPG from a field directly across the river from a nuke plant. Only once did a cop (who just happened to be passing by) stop by after I landed, "just wanted to make sure you weren't flying near the plant." I wasn't (that day), but explained to him that there was no restriction. The friendly conversation ended with "that's really cool, where did you get it, how much does it cost", etc.

Of course at the breathtaking speed of a PPG it's hard to do anything but "loiter"... :)

I don't think there has to be anything marked on a chart. For instance it is illegal to fly over large outdoor gatherings like NCAA football games just like U of Colo. 5 miles sought of Boulder at game time.

I really think it is the same with nuclear plants. Check further on it, and I would like to see your source for this story.

Thanks.

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Originally Posted by Bill Greenwood

I don't think there has to be anything marked on a chart. For instance it is illegal to fly over large outdoor gatherings like NCAA football games just like U of Colo. 5 miles sought of Boulder at game time.

I really think it is the same with nuclear plants. Check further on it, and I would like to see your source for this story.

Thanks.

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Yes it does have to be on a chart(are we supposed to guess?) Anything temporary must be by notam. You check further on it if you don't believe me or Dana above who quotes the actual language.

It should be illegal to fly over or even be on the ground within 5 miles of the U of Colo football team--they're worse than horrible!

I take great exception to you questioning my veracity. Do you think I make this s**t up? I'm not Lance Armstrong or Manti T'eo! In this one instance only I will provide the source but don't you ever, ever again ask me to verify a news story. AOPA Live This Week good enough? You could look it up.

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Originally Posted by Bill Greenwood

Check further on it, and I would like to see your source for this story.

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You know, Bill, seems a bit rude to me to demand a poster "check further on it" when you could check on it yourself. Google's really good at that.

This is the FAA's "advisory notice" on the matter. It's an FDC NOTAM issued some time after 9/11/2001 and reissued at least once since. I've seen it lots of times in weather briefings. If you've never seen it, you're not alone.

FDC NOTAM 4/0811 ...SPECIAL NOTICE... THIS IS A RESTATEMENT OF A PREVIOUSLY ISSUED ADVISORY NOTICE. IN THE INTEREST OF NATIONAL SECURITY AND TO THE EXTENT PRACTICABLE, PILOTS ARE STRONGLY ADVISED TO AVOID THE AIRSPACE ABOVE, OR IN PROXIMITY TO SUCH SITES AS POWER PLANTS (NUCLEAR, HYDRO-ELECTRIC, OR COAL), DAMS, REFINERIES, INDUSTRIAL COMPLEXES, MILITARY FACILITIES AND OTHER SIMILAR FACILITIES. PILOTS SHOULD NOT CIRCLE AS TO LOITER IN THE VICINITY OVER THESE TYPES OF FACILITIES. WIE UNTIL UFN

This is one of the sources on the story:

http://www.aopa.org/aircraft/article...WT.mc_sect=gan

Quote:

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Originally Posted by Bill Greenwood

I don't think there has to be anything marked on a chart. For instance it is illegal to fly over large outdoor gatherings like NCAA football games just like U of Colo. 5 miles sought of Boulder at game time.

I really think it is the same with nuclear plants. Check further on it, and I would like to see your source for this story.

Thanks.

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Here is the NOTAM:

FDC 1/0530 FDC SPECIAL NOTICE.... IN THE INTEREST OF NATIONAL SECURITY, AND TO THE EXTENT PRACTICABLE, PILOTS ARE ADVISED TO AVOID THE AIRSPACE ABOVE, OR IN PROXIMITY TO, SITES SUCH AS NUCLEAR POWER PLANTS, POWER PLANTS, DAMS, REFINERIES, INDUSTRIAL COMPLEXES, AND OTHER SIMILAR FACILITIES. PILOT SHOULD NOT CIRCLE AS TO LOITER IN THE VICINITY OF SUCH FACILITIES.


Since the NOTAM doesn't define "loitering," SSA got clarification from the FAA that says: "In FAA's view, according to our Washington contacts, gliders do not "loiter." That is, circling is a mode of flight for us and is acceptable at or near these facilities. The key is to spend only as much time as needed to gain lift and move on beyond the facility." This has been posted on the SSA website since 2002.

So ultimately, Mr. Fleming wasn't doing anything wrong.


Most sporting events or events that attract a lot of public interest are usually protected by a TFR.

Floatsflyer, my post in answer to your topic was not meant to be rude, and I clearly wrote that while I think it is prohibited to fly over a nuclear plant, I wasn't sure.
You told us the story without any reference to the source. And no, I don't think you are infalible nor do I plan to take everything you write as gosapel without question, anymore than I believed Armstrong when he claimed to be infalible.
If you or M E Edwards think that is rude, then I suggest that you don't read anything that I write and don't reply to anything I write. I don't think I have met either of you, and don't know you, but if you prefer to make an enemy before a chance to make a friend, then so be it.
Sounds like to me that you had a hard day or need to get back on your medication.

Martymayes, thanks for giving us the exact language re the plants.When all this came out a few years back I know that nuclear plants were mentioned, but wasn't sure what the exact rule was.

It is possible that if a sailplane was circling in the plant area, perhaps to climb in an updraft over the heat of the plant, then it could be claimed to "loiter"in the area.It is one thing for the SSA to give their definition of loitering and another for the FAA to do it.

In 35 years of flying I have only twice heard the FAA admit they were wrong about anything, not to even mention southern sheriffs. Had this pilot been African American or a teenager in many southern states like Texas where I grew up he would likely have been dead, not just held overnight and treated rudely.

I am sorry that he took the plea agreement rather than find the best attorney available and sue those involved. I can understand why he did it and in the end when his case went to a local jury, he might have faced a home team decision and lost, not matter what the law says. And if you do win a legal judgement against the sheriff, it will almost always be paid by the taxpayers rather than coming from the offender himself.
There are a lot of people that are resentful and jealous of anyone in private aviation.

It's just lazy Bill. You've got da interweb at your fingertips, you're capable of doing follow-up searches as well.