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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 any action that "endanger[s] the life or property of another."
  • A pilot operating within published flight patterns and recommended altitudes is generally not considered to be flying carelessly or recklessly, even if perceived as such by non-aviators.
  • Despite the subjective nature of some complaints, the FAA is obligated to investigate all reported instances of alleged careless or reckless operation.
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.

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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