I just got shut down from taxiing an aircraft a short distance down a road to relocate it, by the Local Sheriff. Is this a local issue controlled by the local sheriff? I thought it was legal to operate off roads in Montana as long as necessary precautions are taken.
They cited operating a motorized vehicle illegally.
Last edited by S2D; 06-23-2012 at 11:29 AM.
What's your court date? Might be a good reason for the next flyin. We'll all taxi down the road to post bail until the jury trial. Of course, we could come and watch them construct the gallows. That might be a reason for another flyin. I figure with some legal wrangling you have about 6 months, good for one more winterfest. They could stake your carcass out for a few of us to shoot coyotes off.
quick google search showed this
from http://www.google.com/url?sa=t&rct=j...T25lVgpBrlOAdAMONTANA STATE LAW CONCERNING LANDING ON PUBLIC ROADS
The following is taken directly from the Montana Code; MCA 67-1-204 (3) Lawfulness of Flight and Landings:
Aircraft landings and takeoffs from public roads in this state are lawful if proper safety precautions, as approved by the governing jurisdiction of the roads, are taken prior to the landing or takeoff, except as otherwise provided in this section. However, the local governing jurisdiction may not incur liability as a result of an approval under this subsection.
Thanks Mike!!
( I'll deal with you later Eaton)
The most important aspect of this signature line is that you don't realize it doesn't say anything significant until you are done reading it & then it is too late to stop reading it....
Read that carefully. I read it that the safety precautions have to be (pre)approved. Good luck. Jim
What county?
dave
http://data.opi.mt.gov/bills/mca/67/1/67-1-204.htm
67-1-204. Lawfulness of flight and landings. (1) Flight in aircraft over the lands and waters of this state is lawful, unless it is at such a low altitude as to interfere with the then-existing use to which the land or water or the space over the land or water is put by the owner or unless conducted as to be imminently dangerous to persons or property lawfully on the land or water or in violation of the air commerce regulations that have been or may be promulgated by the department of transportation of the United States.
(2) Aircraft landings and takeoffs from the public waters of this state are lawful if proper safety precautions regarding public waters, as prescribed in 14 CFR, part 91, are taken prior to the landing or takeoff, except as otherwise provided by this section.
(3) Aircraft landings and takeoffs from public roads in this state are lawful if proper safety precautions, as approved by the governing jurisdiction of the roads, are taken prior to the landing or takeoff, except as otherwise provided in this section. However, the local governing jurisdiction may not incur liability as a result of an approval under this subsection.
(4) A person may not operate an aircraft, as pilot of the aircraft, either in the air, on the water, or on the ground, in a careless or reckless manner so as to endanger the life or property of others, including the aircraft being operated and passengers carried in the aircraft.
(5) The willful and malicious use of aircraft in stunting or diving over livestock in a manner calculated to frighten or stampede them is an unlawful use of aircraft, and actual and punitive damages, in addition to the penalties provided by this part, may be recovered in an action for damages caused by the willful and malicious use of the aircraft. As used in this subsection, "livestock" includes ostriches, rheas, and emus.
(6) The landing of an aircraft on the private lands or waters of another without consent is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or the pilot is liable for actual damage caused by the forced landing.
(7) A person may not knowingly operate, attempt to operate, or be in actual physical control of an aircraft while under the influence of alcohol or drugs. "Under the influence" means that as a result of taking into the body alcohol, drugs, or any combination of alcohol and drugs, a person's ability to safely operate the aircraft has been diminished to the slightest degree.
(A person having information regarding a violation of subsection (7) shall report the information to the department.
History: En. Sec. 7, Ch. 17, L. 1929; re-en. Sec. 2736.7, R.C.M. 1935; amd. Sec. 1, Ch. 109, L. 1939; amd. Sec. 1, Ch. 16, L. 1949; amd. Sec. 1, Ch. 102, L. 1963; R.C.M. 1947, 1-603; amd. Sec. 1, Ch. 528, L. 1985; amd. Sec. 1, Ch. 542, L. 1987; amd. Sec. 7, Ch. 206, L. 1995.
Brian, the local governing jurisdiction is usually considered to be the sheriff in Montana.
Sorry to hear you had trouble.
Sent from my iPhone from the middle of nowhere using Tapatalk
"They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." Benjamin Franklin
seems to me that you were taxiing by your description.
Seems to me it is the same as roading a farm tractor... does the sheriff cite farmers for roading their tractors and such?
Is the Sheriff angry at you for inviting EATON to that neck of the woods maybe?
I don't know where you've been me lad, but I see you won first Prize!
Gotta ask, so when he shuts you down does it just sit there, or what? Sorry you had it happen but it will be another lesson for all of us. I can bring you clean underwear and reading material, were not that far away.
South Dakota might be different, but "agricultural husbandry" here is viewed differently than regular traffic laws (overwidth, safety equipment, etc)...It could be that agricultural operations in an aircraft would be viewed differently than regular general aviation operations, too. Maybe the local sheriff is new to that concept.
It also depends on who you talk to, as I found out when I asked about pulling overwidth farm machinery.
Three motor carrier officers had 15 different things I needed to do to be legal..including pilot vehicles front and back.
A regular motor patrolman said..."farm machinery...put a couple of flags on the extremities and pull it...no prob."
Randy
You were probably easily tracked down by the oil slick you left behind. You should have diverted the oil leaks to the exhaust and snuck away behind the smoke.
If I read that statute correctly, they've given themselves wiggle room, and I would assume that the county sherrif would be the one who would decide whether aircraft operations on roads could be done "safely".
Good luck.
MTV
You are thinking about the oil coming out of the dip stick hole Eaton...Originally Posted by SteveE
Why are you parking upside down
I don't know where you've been me lad, but I see you won first Prize!
Nope George, it's coming from that run out R2800 he tries to use. I've got a pic of it somewhere. In any case, his hopper is in the tail.
I have blocked off a road pulled out the signs and sprayed off it here. Its been done that way forever. Can't believe mt would be more restrictive than wi.
Starting to get going in il . Need some rain. Hope you have a good season.
2800???
Better leak oil. If not it is out
I don't know where you've been me lad, but I see you won first Prize!
For what it's worth, I've never had a problem in ND - I guess your neck of the woods might be better to be avoided, however, sounds like a personal problem with the deputy and his thoughts towards you / or aviation??
or a neighbor had a itch.
A. you forget to make a campaign contribution
b. did you used to date his sister
c. you were on his buddies tturfed.
d. He was board
Brian all kidding well deserved (for various reasons) this is a business issue and your imiediate best approach may be through a client or two in his county who's crops the constable may be placing at risk.
Kirby
Ps please don't tell South Dakota until I get out of Hand County where the runways are a mile long but a bit narrow with barrow ditches on both sides!
Last edited by OLDCROWE; 06-24-2012 at 08:21 AM.
"Illegitimis non carborundum"
Probably all My fault. I was just trying to do someone a favor. Local Vacation Bible School needed a static display and I was going to park the Acey Duecey in the midst of their goings on.
I probably should have contacted them before hand with regs in hand and discussed the project. But initially, I was going to land on the edge of town in a little pasture, The Wind was the wrong way, so I just stopped by the Sheriff's Office and let the dispatcher know what I was going to do and if they wanted to help or supervise. Didn't hardly get the the airplane out of the hangar when a deputy showed up informing me in no uncertain terms that I would not be taxiing the airplane on the road because I would be operating a unlicensed motor vehicle on the road illegally. I informed him he was wrong, put the airplane away got the info on the reg from Mike, copied it, left a copy at the Sheriff's office and left town. Didn't have time to try to fix things because I had work to do.
My second mistake, was getting the wrong department. It was a State Highway and I should have got ahold of the MHP.
One of the MHP was actually a member of that church and probably would have had no problem with it.
But Now, I have regulation in hand, and when I get home I will get ahold of the sheriff and make sure we are on the same page.
Thanks
Brian
The most important aspect of this signature line is that you don't realize it doesn't say anything significant until you are done reading it & then it is too late to stop reading it....
Take a box of doughnuts with you.
I remember the Acey Duecy adventure
IMG_6833.jpg
IMG_6839.jpg
Oh that adventure, thought SteveE was going to have to road it all the way there for you.
"Illegitimis non carborundum"
It would have been just about as fast.
You'd a probably got picked up for no license plate at the county line!!
The most important aspect of this signature line is that you don't realize it doesn't say anything significant until you are done reading it & then it is too late to stop reading it....
oh well............just another day at the office ! It still rings true,"you just can't fix stupid."
"If you want to be successful,it's just this simple. Know what you are doing. Love what you are doing. And beleive in what you are doing." Will Rogers
My understanding has always been that "the proper safety precautions" just included making sure no one was on the road. We have cattle sales here in Winifred where folks land on the road then taxi to the sale.... in bad winters when we can't get the strip plowed, folks frequently land on the road and the crop sprayers preferred the road until three years ago when we extended the runway. I don't get it...isn't this one of the reasons we live here? R
To go up...pull stick back. To go down...pull stick all the way back!
www.TheCubWorks.com
This is a power struggle with one person who has a short memory. There was an aircraft years ago that lost an engine near town. The pilot made a safe landing in a pasture. He was towed to the airport with an ATV on the same route in question. The towing was protected by a deputy and rural fire department. This is a lack of understanding by one individual. Anyone else and there would have been another outcome. The individual in question is not native to Montana. And he has no aviation background. He obviously doesn't understand Montana Code Annotated also.
"If you want to be successful,it's just this simple. Know what you are doing. Love what you are doing. And beleive in what you are doing." Will Rogers
I could eat a bowl of alphabet soup and excrete a better arguement. Afterall farm tractors are not licensed. They have never stopped me on a tractor.
"If you want to be successful,it's just this simple. Know what you are doing. Love what you are doing. And beleive in what you are doing." Will Rogers
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