10-16-2007, 03:21 PM
quote:A pilot of a tour aircraft can follow legal and community-based regulation once airborne, and has considerable latitude to choose his own course/altitude even within purely legal bounds. However, what he or she actually chooses to do in flight is entirely in his own hands once airborne regardless of what the FAA, his employer, or the community may prefer. Enforcement of regulations regarding operation of aircraft is often limited, and an account of a violation is generally a "he-said, she-said" affair with limited tangible evidence of precise altitude, course, or even positive identification of particular aircraft suspected of rule violation. Because of this, I would say the pilot's approach to his/her work and attitudes toward community concerns are the main governing factor in the way tour aircraft are operated. That being said, my experience is that careless tour pilots generally are promptly curtailed here in the islands by management when word of persistent noise complaints due to lack of concern for noise abatement reaches them.
Also,about the pilots having complete free choice once airborne,that is not exactly true.
It seems the FAA itself is a bit fuzzy on what constitutes a "congested area.":
What is the FAA's definition of a “congested area”?
“This question often comes up when trying to determine the minimum safe altitude for operating an aircraft. In [CFR] 91.119, a "congested area" is defined as a city, town, settlement, or open-air assembly of persons. According to a Letter of Interpretation from FAA legal counsel (http://www.aopa.org/epilot/redir.cfm?adid=8604 ), there is no standard definition for a congested area, but case law has indicated that a subdivision of homes and a small rural town constitute one. Because it has been interpreted loosely, consider an area congested if you are in doubt.”
Source: AOPA ePilot Flight Training Edition; Volume 6, Issue 13 -- March 31, 2006.
This is the Federal regulation regarding Air Tours specifically in Hawaii, SFAR No. 71 -- Special Operating Rules for Air Tour Operators in the State of Hawaii:
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http://www.airweb.faa.gov/Regulatory_and...enDocument
Section 6. Minimum flight altitudes. Except when necessary for takeoff and landing, or operating in compliance with an air traffic control clearance, or as otherwise authorized by the Administrator, no person may conduct an air tour in Hawaii:
(a) Below an altitude of 1,500 feet above the surface over all areas of the State of Hawaii, and,
(b) Closer than 1,500 feet to any person or property; or,
© Below any altitude prescribed by federal statute or regulation.
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It's considerably stricter than the FAA part 91 regulation applying to non-tour operations, and apparently is not dependent on the (congested or uncongested) nature of the area where the flight is conducted.