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What are your state's road use policy for aircraft?

Paul Jackson

PATRON
MN
I would like to put together some research on this issue. I have a friend who was dinged a number of years back for landing his aircraft on a road at a construction site. The State Trooper tagged him for having an overly wide vehicle violating a road statute. The judge defined an airplane as a vehicle. From this case law its clear if we are ever going to legally land on a road in MN we need to change the law.

https://mn.gov/law-library-stat/archive/ctappub/0109/cx01120.htm

I noted a 2006 thread on SC that had some information, but mostly opinions. I am looking for actual statutory language not "hey I did it once in South Dakota and the cop helped me tie down" type replies. Here is the Texas language:

From the Texas Transportation Code:
§ 24.022. USE OF AIRCRAFT ON COUNTY ROADS. (a) A
commissioners court of a county may enact ordinances to ensure the
safe use of county roads by aircraft. An ordinance may:
(1) limit the kinds of aircraft that may use the roads;
(2) establish the procedure that a pilot shall follow
before using a road, including requiring the pilot to furnish
persons with flags at both ends of the road to be used; or
(3) establish other requirements considered necessary
for the safe use of the roads by aircraft.
(b) A pilot who follows the ordinances adopted under
Subsection (a):
(1) may land or take off in the aircraft on a county
road; and
(2) is not subject to the traffic laws of this state
during the landing or takeoff.


If anyone has any other actual statutory language I would like to see it to possibly get this fixed in MN via lobbying some folks.

Thanks in advance. PJJ
 
From RAF site

Montana 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."
 
I believe in North Dakota it is also up to the jurisdiction the road falls under. I don't have a century code number to quote, just personal experience.

Good luck in Minnesota, it might be easier to move...
 
.."as approved by the governing jurisdiction of the roads"

That''s about as vague as something written down as law can get. What does that even mean? If it's a county road, you have to ask a county person? If it's a state road, you ask a state person? And by jurisdiction, do you think it means police/trooper/sheriff types, or those who maintain it, as in a DOT?

I don't live in Montana so I guess it really doesn't matter for me, just curious. Seems like not asking and just doing is easiest?!


 
Last May I was talking to a local deputy and I asked if he would have a problem with me using the gravel road going by my farm. He said he wouldn't but bet the FAA would. Then the other problem is what the other deputies think.
 
I don't think the FAA cares.

I had to get fuel somewhere around Sierra Blanca many decades ago. Convenient road and gas station - but then the Texas Ranger showed up. Turns out he just liked Cubs! Whew!
 
What we once got away with can now be on youutube from a pocket device shortly after it was filmed. More bad than good in that alone regardless of the local laws.
 
I think that you will find in the Mn Statutes, references to “road authorities”. Outside of city limits, and off of State roads, that would generally be the Sheriffs office of that jurisdiction. You may find some rural counties and Sheriff Department’s that allow agricultural spray operations off of certain sparsely used roads. They of course have to have flag men to control any traffic. I would say try to contact some rural spray operations and query them on past or present interactions with sheriff, township,etc.
 
What we once got away with can now be on youutube from a pocket device shortly after it was filmed. More bad than good in that alone regardless of the local laws.

Another good reason to have small tail numbers.
FWIW Spruce only sells 3" or 12",
but Aerographics can make whatever you want.
2" are legal on most vintage airplanes.
 
Paul-

Changing the law is an uphill battle. We would need a very compelling story of why the change is required. A Rep and Senator who will carry the bill. A group to tell the compelling story of why the change is needed. What group or groups will be in opposition?
 
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Unless it’s changed in Alaska the airplane just has to give way to cars. Of course the cars have to give way to airplanes on a runway. That seems fair.
 
Just sue, that will get them to change the law. I have heard that you cannot land float planes on the water in Wisconsin, I have not found the statute on that either.

Paul-

Changing the law is an uphill battle. We would need a very compelling story of why the change is required. A Rep and Senator who will carry the bill. A group to tell the compelling story of why the change is needed. What group or groups will be in opposition?
 
I the 70’s-80’s when I was a kid my uncle used the state highways in Indiana to load his duster on. We just had to flag both ends. I’m not sure what the law is now. Even back then we got lots of smiles and looks.
 
From the Texas Transportation Code:
§ 24.022. USE OF AIRCRAFT ON COUNTY ROADS. (a) A
commissioners court of a county may enact ordinances to ensure the
safe use of county roads by aircraft. An ordinance may:

So I guess this means that the county commissioner has to know about it and ordinances enacted to be legal? So landing on any ole road is illegal otherwise?
 
I would guess that the "authorities" are gonna be more open to road op's for something like cropdusting,
than for "it's in front of my house" or "just because".
 
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