Does a Low Flying Complaint Automatically Equal an FAA Violation?

Agency rule addresses ‘careless or reckless operation’ for pilots.

The FAA doesn't define careless or reckless because it's in the eye of the beholder and the agency inspector reviewing your alleged transgression. [Credit: P. Alejandro Díaz/Wikimedia Commons]
The FAA doesn't define careless or reckless because it's in the eye of the beholder and the agency inspector reviewing your alleged transgression. [Credit: P. Alejandro Díaz/Wikimedia Commons]
Gemini Sparkle

Key Takeaways:

  • cFAR 91.13 defines "careless or reckless operation" as flying an aircraft in a manner that endangers the life or property of another.
  • The critical element in determining a violation is actual "endangerment," not just an operation appearing dangerous to those unfamiliar with aviation.
  • The FAA is obligated to investigate all complaints regarding aircraft operation, even those that may stem from a misunderstanding of standard procedures.
See a mistake? Contact us.

Question: Does the FAA have a definition of what constitutes “careless or reckless operation?” In ground school we learned about a student pilot who was accused of [that] by someone who lives near the airport because he allegedly flew too low when he was coming in for a landing.

Answer: From your description this sounds like someone who doesn’t like airplanes more than a legitimate safety concern. However, the FAA is required to investigate all complaints.

The regulation that mentions careless and reckless operation is cFAR 91.13, which states, “(a) Aircraft operations for the purpose of air navigation. No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another; and (b) Aircraft operations other than for the purpose of air navigation. No person may operate an aircraft, other than for the purpose of air navigation, on any part of the surface of an airport used by aircraft for air commerce (including areas used by those aircraft for receiving or discharging persons or cargo), in a careless or reckless manner so as to endanger the life or property of another.”

Endanger is the key word here. If the student pilot was flying the published pattern at published and recommended altitudes, it is doubtful they were endangering anyone on the ground or being willfully careless or reckless. But to someone who is aviation impaired, an airplane on final at 600 feet agl may look dangerous.

Ask us anything you’ve ever wanted to know about aviation. Our experts in general aviation, flight training, aircraft, avionics, and more may attempt to answer in a future article. Email your questions here.

Meg Godlewski

Meg Godlewski has been an aviation journalist for more than 24 years and a CFI for more than 20 years. If she is not flying or teaching aviation, she is writing about it. Meg is a founding member of the Pilot Proficiency Center at EAA AirVenture and excels at the application of simulation technology to flatten the learning curve. Follow Meg on Twitter @2Lewski.

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