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

  1. #1
    Paul Jackson's Avatar
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    What are your state's road use policy for aircraft?

    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/arch...09/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

  2. #2
    Paul Jackson's Avatar
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    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."
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  3. #3

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    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...
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  4. #4

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    What's a road?

  5. #5

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    .."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?!



  6. #6
    180Marty's Avatar
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    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.

  7. #7

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    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!
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  8. #8
    Cub junkie's Avatar
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    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.
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  9. #9
    charlie husky's Avatar
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    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.

  10. #10
    hotrod180's Avatar
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    Quote Originally Posted by Cub junkie View Post
    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.
    Cessna Skywagon-- accept no substitute!

  11. #11
    upda lk's Avatar
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    .
    Last edited by upda lk; 03-30-2019 at 05:48 AM.

  12. #12
    upda lk's Avatar
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    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?
    Last edited by upda lk; 03-30-2019 at 05:44 AM.

  13. #13
    Charlie Longley's Avatar
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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.

  14. #14
    Cub Special Ed's Avatar
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    Road landings: Keeping A&P mechanics busy since 1903!
    "There are 3 kinds of men. The one that learns by reading. The few who learn by observation. The rest of them have to pee on the electric fence for themselves." Will Rogers

  15. #15

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    Quote Originally Posted by hotrod180 View Post
    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.
    2" numbers just above stab and oriented vertical

    Sent from my BND-L34 using SuperCub.Org mobile app
    Thanks STaylor2 thanked for this post

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