Christina Young said:
Two questions:
1. Is it legal to land there?
2. Was he in the process of landing?
and
The government's purpose is to protect people's liberty, constitutional rights, provide for justice and the common defense, not to provide safety to people (read the preamble of the Constitution for a better description of the govt's duties than I provide here). A certain famous quote about govt-provided safety by Ben Franklin also comes to mind here!
"Pursuing anyone who puts others at risk" is a recipe for a nanny state and a pretty broad order. When you drive to work every morning, you are putting others at risk! Whenever you fly a plane, no matter how safely you fly, you are putting others at risk! Do you want the government to pursue you, or shut down aviation?
I think this is more a local issue than an FAA one. If that area is a dangerous one for planes to land (dangerous to people on the ground), then they should make it off limits to aircraft by local ordinance.
Christina,
Two responses;
First, addressing the issue of legality under the current system and regulations without examining the broader questions of whether the regulations are just, appropriate, or in agreement with any particular philosophy and ignoring the question of the constitutionality of administrative law.
You're obviously attempting to invoke the “Except when necessary for takeoff or landing” clause in 91.119
Won't work. The videos on the KTUU site show three passes of the airplane. Two in one direction (downstream?) which no landing was made, and one in the opposite direction where it appears the plane rolls onto a sandbar. The two downstream (?) passes were clearly not attempts to land, nor was it even possible to land, he was in the middle of the river with no sand bar in sight. So the takeoff and landing clause doesn't apply. He wasn't landing and he couldn't have landed, and it appears he was within 500 ft of the people present.
Even if we ignore the downstream passes and consider only the pass(es) in which he was landing. A lot of folk believe that the “Except when necessary for takeoff or landing” clause in 91.119 is a free pass for anything you do in the process of landing or taking off.
It is not. Not by any stretch of the imagination. It means exactly what is say “Except when necessary”
And if you don't think the FAA will examine very closely what is or is not necessary for a takeoff or landing, you got another think coming. They do, and they do not necessarily accept the pilots judgment of that. And the NTSB does uphold their ability to do that. If you'd like I can post the NTSB decisions where the “Except when necessary for takeoff or landing” defense was attempted. It doesn't work.
Second, responding to whether it is appropriate for the federal government to regulate aviation safety, given that it has the mandate to regulate aviation. You seem to to be taking a pretty absolutist stance here. Let's try a hypothetical here: Let's say that you neighbor has a airplane, and every morning, when you walk out to your car, he's circling around, waiting, and as you walk to your car, he dives on you, and comes as close as he can to hitting you, without actually hitting you. I don't mean a friendly good morning buzz job, but coming within a few feet of hitting your head. Would you say it is outside to the Federal government's dictate (given that they have the responsibility for regulating aviation) to prohibit that behavior? Would you agree that in a just society the burden of your safety falls upon you to duck, or to move elsewhere?