One for the Legal Eagles

[Shepherd]

My son stumped me with this one:
Can someone from the FAA come onto private property and do a "ramp check" without the property owners permission?
He was asking specifically about if we land at my daughter's farm, but what about a privately owned airstrip?
I can't find anything that specifically addresses this.
Anyone know the answer?

Thanks

 

[RotorAndWing]

My son stumped me with this one:
Can someone from the FAA come onto private property and do a "ramp check" without the property owners permission?
He was asking specifically about if we land at my daughter's farm, but what about a privately owned airstrip?
I can't find anything that specifically addresses this.
Anyone know the answer?

Thanks

From FAA Order 8900.1

VOLUME 1 GENERAL INSPECTOR GUIDANCE AND INFORMATION

CHAPTER 3 INSPECTOR RESPONSIBILITIES, ADMINISTRATION, ETHICS AND CONDUCT

Section 3 Access to Public and Private Airports, Landing Strips, and Other Areas Used for Operation of Aircraft



[FONT=&quot]1-198.[/FONT] ACCESS TO PRIVATE AIRPORTS, LANDING STRIPS, AND OTHER AREAS. ASIs must advise the owner or agent of a private facility of their desire to enter the premises and the purpose of the visit . An ASI has no authority to enter private property without the owner’s permission. As a courtesy, the owner or agent should be invited to accompany the ASI, as this gesture may encourage further cooperation. If the owner or agent is unable to accompany the ASI, the ASI should request permission for access to aircraft for the stated purposes. However, FAA Form 110A authorizes ASIs to be in a restricted area without escort while conducting official FAA inspections.

 

[Tom-D]

What that amounts to is, with out permission it is illegal search and seizure, so they get a warrant.

 

[Shepherd]

That makes it perfectly clear.

 

[RotorAndWing]

What that amounts to is, with out permission it is illegal search and seizure, so they get a warrant.

FAA cannot get a warrant, it has to go through the appropriate law enforcement agency for them to acquire the warrant, and then the FAA can go along to assist in the investigation.

 

[jhausch]

Is form 110A a warrant?

However, FAA Form 110A authorizes ASIs to be in a restricted area without escort while conducting official FAA inspections.

 

[RotorAndWing]

Is form 110A a warrant?

The 110A is the FAA Inspector's identification card that has his picture, ID number and badge number and is carried with his badge.

 

[Clip4]

So if a plane crashes on the Jones farm and the Jones's are not available for contact, the FAA cannot enter the property to investigate the crash?

 

[PilotAlan]

What that amounts to is, with out permission it is illegal search and seizure, so they get a warrant.

No, it's trespassing. Not search and seizure, as they have no authority to search or seize.

FAA cannot get a warrant, it has to go through the appropriate law enforcement agency for them to acquire the warrant, and then the FAA can go along to assist in the investigation.

The FAA cannot get a warrant, as a warrant requires probably cause to believe that a crime has been committed.
The can ask an LE agency to get a warrant, but that requires there be probable cause to believe that a crime has been committed that the LE agency has jurisdiction over.
Violation of FAA regs does not meet the standard for an LE agency to get a search warrant.

A plane crash is a different matter, as that's an ongoing emergency and an investigation to determine the cause of the accident. That's wholly different that entering private property to conduct a ramp check.
The comparison would be a cop wanting to check the VIN number of a car parked in a the yard behind a house, vs. a car going through the guardrail an landing in the yard behind the same house.

 

[N801BH]

So if a plane crashes on the Jones farm and the Jones's are not available for contact, the FAA cannot enter the property to investigate the crash?

Interesting timing...........


http://www.jhnewsandguide.com/article.php?art_id=10015


Local old timer here, a kazillionaire, kinda cranky, crashed his Zenith 701 yesterday and crawled out of the wreckage, went home to to wash off the blood and bandage the wounds.... came back to the site and the local LEO's and EMT were arriving. He basically told them to get the #uck off his land......

Let's see what next week brings..