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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

(February 2011) — Joe Biden came to visit last Memorial Day weekend. I wish he had called first so I could have invited him for an airplane ride.

Sunday morning, May 30, was beautiful on eastern Long Island. You could almost see Ireland, and it was as calm as a lobster on lithium. On days like this pilots take to the air like hawks at mealtime. I did a quick weather check on the computer then drove to East Hampton airport, where my Husky lives. The plan was to fly along the beach around Southampton to check on erosion from the heavy spring storms, but mainly I was simply eager to roam the sky on such a day. Biden would have enjoyed it too, because I would be flying right near where he was staying, as it turned out.

The beach was recovering nicely. Sand was gradually building back where it had been washed away. In due time, I landed and taxied to my hangar. How strange that the FBO golf cart pulled up before I had even climbed out of the airplane. The lineman handed me a Post-it note with a telephone number written down after the word Tracon (Terminal Radar Approach Control).

"They want you to call. Said you flew into a TFR."

"What TFR?"

"Apparently there's one around Southampton."

The first word that came to mind is not publishable within the pages of this venerable magazine. A pleasant-sounding fellow answered my call to Tracon. After verifying who I was, my N-number and contact information, he told me I had violated the TFR over Southampton that had been posted on Friday. He asked if I was aware of it.

"No," I said, "but that must have been me."

Later, I learned that I was one of 11 pilots who were not aware of Biden's visit.

"Someone at the Farmingdale FSDO [Flight Standards District Office] will be contacting you in a few days," he replied.

Sure enough, they did. Paul Gretschel, an inspector at the FSDO, requested a written statement of what happened and asked if I would come to the Farmingdale office for an interview. I said this was one of the most embarrassing incidents to happen in my flying career, and of course I would do as he requested.

In my written statement and during my interview with Gretschel and inspector David Williams, I was completely forthcoming.

I said that I had seen earlier e-mail notifications of a TFR around New York Harbor for the holiday weekend, but somehow missed the one issued that Friday regarding Southampton even though I subscribe to the FAASTeam notices. Later, I found that I had deleted it thinking it was one I had already seen. Furthermore, I told them, although I checked weather, I did not look for TFRs that morning. I don't recall there ever being one on eastern Long Island. On cross-country trips I always check for TFRs, but not for local flights. Also, I left my Garmin 696 with XM Weather at home. It would have shown the TFR. So there were three opportunities to learn of the TFR. This was bad enough, but the defining act of stupidity was that my Class III medical had just expired. I usually have it timed with the biennial flight review to more easily remember, but I had taken extra training in the past year, which counted as a BFR, so the timing was off. (I do have annual physical and eye examinations that are far more stringent than the Class III physical.) Could it be worse? I guess I could have taxied into the FBO golf cart, but if you are shaking your head right now, you're absolutely correct.

While I could tell them how the TFR incursion happened, I could in no way excuse it, I told Gretschel and Williams, and what really bothered me about this, aside from the embarrassment, was that the incursion resulted from a chain of omissions similar in a way to the chain of events preceding virtually all aircraft accidents. This was thought-provoking. The whole event was totally my fault.

The inspectors, both general aviation pilots before joining the FAA, were professional, courteous and understanding. They would make their report, they said, and send it on to the FAA Eastern Regional Counsel at JFK for disposition, adding that there would be a mandatory certificate suspension but that I could still fly during the suspension providing I was with a pilot qualified to act as pilot in command in my aircraft.

Late Help
Patrick Bradley is a friend who used to write for Flying years ago before becoming an aviation lawyer. Couldn't hurt to check in with him.

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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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