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Posted: 1/16/2015 12:00:58 AM EDT
§91.15   Dropping objects.
No pilot in command of a civil aircraft may allow any object to be dropped from that aircraft in flight that creates a hazard to persons or property. However, this section does not prohibit the dropping of any object if reasonable precautions are taken to avoid injury or damage to persons or property.

Your whole goal is to specifically do what it says you're not supposed to do.  Granted, you are trying to stop some kind of violent attack, but does that in itself make the FAR go away or render it void?

And this is a serious question--someone in my agency asked me this question.
Link Posted: 1/16/2015 12:08:16 AM EDT
[#1]
Do you have an example of LEOs dropping stuff?

If you're referencing aerial engagements with firearms then you're going to exit the scope of civil aviation regs.
Link Posted: 1/16/2015 12:13:21 AM EDT
[#2]
Public use aircraft are not governed under the FARs......that's how.
Link Posted: 1/16/2015 12:16:06 AM EDT
[#3]
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Quoted:
Public use aircraft are not governed under the FARs......that's how.
View Quote


They're not...until something bad happens.  Then it won't matter that you were flying a surplus 58, as opposed to a 206,or what category mission you were flying.  At least that's what I've been told.  That makes perfect sense, though--public use aircraft.

Thanks
Link Posted: 1/16/2015 3:35:33 AM EDT
[#4]
Quite simply, the Government is not accountable to it's own regulations.   Sometimes they are officially exempt, other times, unofficially.  Either way, Exempt.    

The FAA has wide latitude on what they enforce.   They wield Executive power, with an arbitrary, Godlike ambivalence.
Link Posted: 1/16/2015 4:35:58 AM EDT
[#5]
Are you referring to this back in the 80's where the cops burned up half of the hood?


http://www.nytimes.com/1985/05/14/us/police-drop-bomb-on-radicals-home-in-philadelphia.html
Link Posted: 1/20/2015 10:30:24 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quite simply, the Government is not accountable to it's own regulations.   Sometimes they are officially exempt, other times, unofficially.  Either way, Exempt.    

The FAA has wide latitude on what they enforce.   They wield Executive power, with an arbitrary, Godlike ambivalence.
View Quote


The FAA WILL review the actions. The FAA is not some super strong federal agency. They are easy to influence and push back on.

Link Posted: 1/20/2015 10:50:12 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Are you referring to this back in the 80's where the cops burned up half of the hood?


http://www.nytimes.com/1985/05/14/us/police-drop-bomb-on-radicals-home-in-philadelphia.html
View Quote



Don't have a problem with that.
Link Posted: 1/20/2015 10:55:14 PM EDT
[#8]
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Quoted:
Public use aircraft are not governed under the FARs......that's how.
View Quote



After the adventure of getting my Raven airborne over a US base, I can tell you the military is.
Link Posted: 1/21/2015 10:36:07 AM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quite simply, the Government is not accountable to it's own regulations.   Sometimes they are officially exempt, other times, unofficially.  Either way, Exempt.    

The FAA has wide latitude on what they enforce.   They wield Executive power, with an arbitrary, Godlike ambivalence.
View Quote


So it's sortof like how it's supposedly illegal for emergency vehicles to run red lights, but the penalties aren't enforced on them unless they do something like hit a car that has right-of-way?
Link Posted: 1/21/2015 11:35:01 AM EDT
[#10]
Every now and again the FAA tries to get in that muddle and they always seem to lose.

The Army's regulation has people trying to adhere to the spirit of Part 91, but does not actually require it

The FAA does not control the Army, Air Force, Navy, Marines, Coast Guard, FBI, DEA, USFS,the County Sheriff,  or local LEO and fire organizations,  And more

Lawsuits do more for controlling LEO agencies.
Link Posted: 1/21/2015 11:42:22 AM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Every now and again the FAA tries to get in that muddle and they always seem to lose.

The Army's regulation has people trying to adhere to the spirit of Part 91, but does not actually require it

The FAA does not control the Army, Air Force, Navy, Marines, Coast Guard, FBI, DEA, USFS,the County Sheriff,  or local LEO and fire organizations,  And more

Lawsuits do more for controlling LEO agencies.
View Quote


Cannot speak the Army or AF's position but I know NAVAIRs postion and the fact both DoN service assign LNOs to FAA and require adherence to FAA regs out side controlled circumstances in MOAS would indicate that is not exactly a factual statement
Link Posted: 1/21/2015 12:36:45 PM EDT
[#12]
Okay you are right they require adherence unless they don't.  The Navy's mission can throw that book out the window.

Yes you have to adhere to clearance in controlled airspace or it would not be controlled,

The Navy is adhering because it chooses to do so, it make sense to......

If the Navy or Air Force was to intercept an inbound airliner, and then be ordered to shoot it down, how does that jibe with the FAR's

Most of the time all public use aircraft try to adhere, until it comes time to hoist a human being under a single engine helicopter (Part 133D requires a twin...)

Public use, including the military don't have to follow each FAA rule every time.  The Public Use Agency is responsible to .... who knows.  The NTSB is hot on this right now and they will lose too.
Link Posted: 1/21/2015 1:44:26 PM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

The Navy is adhering because it chooses to do so, it make sense to......

If the Navy or Air Force was to intercept an inbound airliner, and then be ordered to shoot it down, how does that jibe with the FAR's
View Quote


Not so much chooses; we get fines that we have to pay out of O&M if we violated other Dept and Agency Regs.  DoD use to be exempt to other Dept or agencies ability to levy fines we are not anymore

On the second part; it comes down to who legally can order a shoot down.  And it ain't no one with stars on their collar
Link Posted: 1/21/2015 5:28:59 PM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

So it's sortof like how it's supposedly illegal for emergency vehicles to run red lights, but the penalties aren't enforced on them unless they do something like hit a car that has right-of-way?
View Quote


No. There is a legal exception for that and it is listed in the law.
Link Posted: 1/22/2015 5:53:38 PM EDT
[#15]
What about the helicopter borne hog hunters?
Link Posted: 1/22/2015 6:27:21 PM EDT
[#16]
Discussion ForumsJump to Quoted PostQuote History
Quoted:  What about the helicopter borne hog hunters?
View Quote


Wild hogs ain't persons or property.  They's VERMIN.
Link Posted: 1/26/2015 2:22:47 AM EDT
[#17]
government is like a stripper. They can touch you. You cannot touch them.
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