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TFR Trouble

By Russell Munson / Published: Mar 02, 2011
Rate it! 71% or 29%
Flying Magazine | The World’s Most Widely Read Aviation Magazine
Photo: Russell Munson

My next step should have been to immediately hire a lawyer through whom all further contact with the FAA would be conducted. I say this with reluctance, because inspectors Gretschel and Williams are fine people dedicated to aviation safety. If my case could have been resolved within the FSDO, I believe any action taken would have been fair. Unfortunately, however, they were just a step in the process. Their hands, as well as those of the FAA attorney, were tied.

After finding a lawyer, I should have filed a NASA ASRS (Aviation Safety Reporting System) report within 10 days of the infraction (asrs.arc.nasa.gov). For most offenses, this will waive a suspension.

After following these steps you just do the dance. You are part of a process, a speck in the system, like when being admitted to a hospital. All my "should haves" were learned too late to help me, but I hope they might help you.

Finally, I wonder: Does grounding me make the vice president safer? In fact, does publishing the coordinates of where he is going to be, and putting a three-nautical-mile, 3,000-foot-high cylinder around him offer any protection at all from an aerial attack? Is such an attack from a GA aircraft even a remote threat compared with that posed by, say, an unknown van driving by? Curiously, when I fed the notam coordinates into Google Maps, the location depicted was not where Biden was staying. Everyone in the neighborhood assumed where he was staying from the fleet of Secret Service vehicles blocking the driveway. The coordinates fell on a neighbor's lawn a few houses away. Was this an error with Google Maps, or was the offset deliberate so that a GPS-guided weapon would strike the neighbor rather than the vice president? If so, did the Secret Service inform the neighbor? We'll never know. In the Land of the Free, fighting terrorism is a tough job. May common sense prevail, and may we remain free to fly, the ultimate expression of freedom. Just be sure to check for those TFRs first.

   

Avoiding TRR Trouble
As a rotor-wing air intercept pilot for the U.S. Coast Guard, I see first person how temporary flight restriction (TFR) violators end up in their predicaments. It's never intentional, and it happens to people of all experience levels. As a GA pilot as well, I am always concerned about accidentally flying into one myself. Despite widespread announcements, it can be easy to do, and the repercussions can be quite harsh, to include being fired upon! TFRs restrict airspace for myriad reasons. They are imposed for presidential movements, major-league and college Division One sports events, natural disasters, airshows, car races and more. The one thing they all have in common is the fact that you don't want to fly through one.

The best strategy for avoiding this trap can be captured in three simple steps. First, know your route of flight well. Many TFRs have been in place since 9/11, and it's not a far stretch to think that some places, such as nuclear power plants and military bases, might be sensitive. Second, always get a good preflight briefing. If going IFR, you should be routed around or legally through TFRs, but VFR will leave the responsibility up to you. Great sources include DUATS or FAA online, both of which have graphical depictions of active TFRs. Many handheld navigators have constantly updated graphical TFRs included in their satellite weather bundle. You can also call 800-WX-BRIEF and speak to a briefer. This is the best way to get the most up-to-date information. Finally, you should always monitor the radio and flight-follow when practical. Some TFRs pop up on very short notice. A quick check with FSS once airborne can confirm a previous briefing, and monitoring Guard (121.5) will guarantee you hear any urgent ATC attempts to contact you. Avoiding a TFR isn't difficult with a little prior thought, and the repercussions of finding yourself inside one far outweigh the trouble it takes to make sure you steer clear. —Lt. Derek Ham

Lt. Derek Ham is a U.S. Coast Guard pilot stationed at Air Station Atlantic City, New Jersey. He has an ATP rating with 2,800 hours of helicopter and fixed wing experience.

   
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FlyingStarts's picture

"In the Land of the Free, fighting terrorism is a tough job. May common sense prevail, and may we remain free to fly, the ultimate expression of freedom. Just be sure to check for those TFRs first."

I wish that were enough. But we all know deep inside, that is not truth informed by history, or supported by a flier's gut sense. "Common" sense will certainly not prevail, if we simply remain "Good Germans" playing along in our "Secure Homeland"- meekly ceding our freedoms case by humiliating case. We've learned nothing in the aviation community about standing up together, while a creeping tyranny puts up daily trial-balloons for ever-more-arbitrary aerial lockdowns.

After the next sensational national crisis and knee-jerk ratcheting-down of our freedoms, things will certainly not get any easier for those of us who cherish freedom. Those of us who (audaciously these days) expect good faith from this government, Constitutionally pledged to the service and protection of the people (not the elite) will never defend our freedom without demanding it in open and defiant solidarity. If we accept these trends quietly, then we will have no one to blame but ourselves, for these curtains we pretend not to notice drawing steadily closed across these spacious skies.

delta_v's picture

If you're so afraid of the US government, you're always free to leave.

Oh, wait, I'm sure you must be referring to that Tyrant-in-Training Barak Obama. In this case, using the term "wing nut" would be highly appropriate, wouldn't it. That's you.

Thomas Boyle's picture

While making comparisons to "Good Germans" may be a bit much, I do think it's unreasonable of the Vice President to demand a no-fly zone over himself and then take his vacations in the Hamptons, a heavily-populated, high-air-traffic area.

Much the same can be said about the President shutting down air traffic in Hawaii for a week at Christmas season each year.

It's just plain inconsiderate. Rude.

And yet, there has been almost no objection to making the citizens accept disruption so that elected officials don't need to. Rather, it's all the other way around, as if the "public servants" were the masters, and the populace the subjects.

Of course, people who don't want to be subjects may be "free to leave". But a less-extreme point is that if these gentlemen are so afraid, and so unwilling to change their vacation spots for their years in office, they are free to resign. I'm sure there would be lots of equally-qualified applicants for their jobs, people with the consideration to at least take their vacations in existing secure areas (Washington DC, for example, or perhaps Disneyland).

Separately, as a matter of security, it seems bizarre to me that the Secret Service insists on putting a target circle on the internet, centered on the President. Sure, with determination someone could probably figure out where he is, but why make it so easy?

Thomas Boyle's picture

On a separate note, what purpose was served by grounding innocent pilots? Either an intruder was a Bad Guy, or he was a Good Guy who didn't think to look for a TFR. If a Bad Guy, then waiting to contact him after he lands seems a bit lame (and late)! And if a Good Guy, then grounding him after he lands simply alienates Good Guys and their friends and families. Seriously - if the Secret Service isn't proposing to actually shoot people down for entering TFRs (and clearly, and quite sensibly, they are not), what are these things for?

rasutcliffe's picture

I've got issues with the climate of fear in general since 9/11, and with the way some in our country try to usurp power, or take freedoms from responsible citizens using the "national security" canard. Having said that, I can also see how a TFR over a high-level official or a crowd of event-goers must be enforced. The Secret Service doesn't get a second chance. As a pilot (comm/multi/inst) preparing to re-enter the world of aviation after 15 yrs away doing other things, I'll be interested to learn how FAA handles other airspace incursions, e.g. clipping an airport's Class A/B/C airspace on one's way to a nearby airport. While I'm sure that positional awareness is even more important than when I flew last, not every airspace incursion should be, literally, a federal case.

FlyingStarts's picture

We assume readily and without democratic education and debate that most every measure taken by our leaders for the fortification of state security is equivalent to the protection of the People and our way of life. The purpose of terrorism is the disruption of societies into over-reaction; over-kill; over-extension; insolvency; internal discord; cognitive disability, all under a readily-inflatable cult of Fear and xenophobia.

No present-day TFR would have prevented 9-11, or any other past act of mass murder, and every thinking USi knows this. Our most inconvenient, suggestive, and precedent-setting security perimeters are mirages of reduced vulnerability. As others have noted, these circles of alternate reality do far less for the protection of anyone or anything than can rationally justify their direct and political costs.

"[Members of the Executive Branch] should. at least take their vacations in existing secure areas (Washington DC, for example, or perhaps Disneyland)."

The most damaging effect in the present IMO is that we are reinforcing the notion that state security is above public review and criticism. As complacent and apathetic participants in the thoughtful, informed, responsible duties of citizenship in democracy, we are extending an open invitation for the subversion of our way of life by the most powerful elites of our time (and potentially of all time).

When we consider politics (the responsibility of all who understand and value democracy) to be exempt or incompatible with respect to any of our endeavors (vocational or recreational) then we exhibit an irresponsible disregard for history and heritage that has always preceded the greatest falls
of great societies. If after a new shock to our childish reliance on our nanny state we accept similar affronts to our lives, liberties, and pursuits of happiness (in Temporary Driving, Gathering, or Communications Restrictions for example) then we should be ashamed as American Aviators to have set the complacent and ignorant precedent of our diminishment as a proud, free and rational society. I don't think that's too much to expect from my country, my countrymen, and myself.

Lastly, and without malice: To be rudely invited to leave this great Republic for speaking my mind is not appreciated. I'm only asking my fellow aviators to take a fresh and broad look at our collective situational awareness in the context of history. We have achieved so much, and preserve our most cherished freedoms and privileges by studiously and attentively avoiding the gravest mistkes of the past. In much the same way that there's no new way to wreck a airplane, there is a clear chain of error in the abdication of control and descent into hard terrain aboard
a democracy. People In Command, People! What's so nutty about that?

Dan Mooney's picture

I got stung with one of Obama's TFRs when picking up my newly painted plane in Maine of all places. I just nipped the edge of the TFR but it was enough for a citation. The fact is I just didn't bring up the graphic which I always do now. The language NOTAM is easy to overlook. The first thing you need to do no matter what you think you did or did not do is to file an ASRS report which will allow you to fly even if you do happen to get a suspension (mine was 30 days) but suspended since I had the encoded ASRS report ID.

1stSolo's picture

He got what he deserved. It's not Obama's fault the author of the article got grounded. It's PIC's responsibility to get *ALL* information pertaining to flight before departing. Read FAR part 91.103, "preflight action".
When in doubt, ask. You are already in touch with controllers when flying IFR, or call FlightWatch.
Yes, now you can log in to DUATS and get computerized briefing, but I always call 1-800-WXBRIEF and talk to a person. It has several advantages:
1. Your call will be answered by an *area specialist*. These people will interpret local weather better than you can.
2. You have a record of the phone call in case you get in trouble
3. You *will* be briefed on TFRs
4. You can even get ATC delays, if you ask. Important for planing IFR flights.
And if you still get intercepted or asked to make a call, file the NASA report. Also, if you are an AOPA member, get a legal plan - for $29/year it pays for itself even if haven't had a violation in 10 years. AOPA aviation lawyer may help to get you out without suspension of the certificate.

Check out this report of a study conducted by the military: http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA463873
GA Pilots tend to become sloppy and don't ask for TFRs on good weather days.
But I always get a full briefing. For VFR flights it's not that long anyway.

rossbudd's picture

The system is flawed. I once saw a case where 3 air traffic controllers who controlled the airspace in over and around an adiz were told they violated the airspace. Two of these controllers were faa safety counselors. One was atp rated and a cfi gold seal. They were all flying in faa govt business when they got the same message. Call the tracon. For the whole story email me capybudd@AOL.com

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