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Thread: Part 103 "congested" & Part 91?

  1. #21

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    Very good point. Many aviators do not understand that what we colloquially call the "Federal Air Regulations" is really volume 14 of the Code of Federal Regulations. The process is administrative law, not civil or criminal. Completely different rules. The FAA staff that writes the violation is presumptively an expert and treated as such by the Administrative Law Judge. An offending pilot must provide factual evidence, such as ATC data, FAA approved operating limitations, or other "hard" information. Friends don't count.

    Fly safe,

    Wes
    N78PS

  2. #22
    FlyingRon's Avatar
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    Quote Originally Posted by Ken Finney View Post
    To add some "fuel to the fire" (so to speak), a VERY unofficial definition of congested is what is colored yellow on the sectional maps (you can view your local one at www.skyvector.com).
    It's so unofficial because it is wrong. The charters only call that Large Cities. Smaller areas can indeed be populated and even congested without a chart depiction. The real reason the yellow blob is on the chart is to show you where "the lights of the city" are at night.

  3. #23

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    I get to do FAA paperwork about this on a regular basis. The "definition" of "congested" is actually derived from administrative enforcement actions. The internal FAA guidance gives the FSDO staff great latitude in making determinations of what areas are "congested". The precedent includes 10 houses being grouped together is "congested". A school makes an area "congested". Google Earth is a better resource for evaluating "congested" than a sectional chart.

    The criteria is not whether someone got hurt. That is a post-accident assertion. The criteria is whether someone could get hurt if a flight does not go as planned. Extremely conservative risk management. Risk == no fly.

    Flying over "congested" areas is a topic best not discussed on a public internet forum.

    All of that said, if you happen to be near Ottawa Canada on Canada Day, the rules there are different. Watching the Snowbirds fly through the city is a treat.

    Best of luck,

    Wes
    N78PS

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