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Ultralight pilots (including
paramotorists) aren't allowed to fly over congested areas at any
altitude. But those areas aren't defined. So what is congested?
The PPG Bible delves into several court cases that have defined it
variously from a busy road to a group of houses on 1/8 acre lots. The
basic gist is that if it seems congested, it probably will be considered
so by the law (FAA, in this case). A side note: Yellow areas on
sectional charts do not define congested areas. That myth
continues to propagate but, to my knowledge, no documents support it,
including court cases. Charted yellow areas are approximately what the
light patterns look like at night, and they are notoriously outdated
even for that purpose. John Fetz pointed me to an interesting resource
that adds some clarity: the FAA's inspector's handbook. Now mind you,
this isn't law. There is no requirement to follow this nor has it ever
been used in the court that I'm aware of. But it's important because it
guides the inspectors as to whether you have violated the rule. An FAA
administrative law judge will make the ultimate determination, but
knowing this information may prevent it from getting that far. Thanks
to Robert Laird for digging up this excerpt from the "General
Aviation Operations Inspector's Handbook, Order 8700.1". Don't
disregard this because it references airplanes, either. Court cases have
been lost by paramotor pilots where the law judge cited airplane
violations. Plus, this is the only documentation inspectors have to go
on regarding what is congested areas.
The congested nature of an area is defined by what
exists on the surface, not the size of the area. While the presence
of the nonparticipating public is the most important determination
of congested, the area may also be congested with structures or
objects. An area considered congested for airplane operations could
be equally congested for helicopters. If an airplane flying over a
congested area at less than 1,000 feet above ground level (AGL) is
in violation of 14 CFR § 91.119(b), the area may also be a congested
area for a helicopter conducting external load operations. However,
the most important word in this concept is 'over.' Helicopters can
operate over relatively small uncongested areas because of their
maneuvering
abilities.
(b) Densely Populated Area. Title 14 CFR §§ 91.313 and 133.45(d) use
the term "densely populated" area. Those areas of a city, town, or
settlement that contain a large number of occupied homes, factories,
stores, schools, and other structures are considered densely
populated. Additionally, a densely populated area may not contain
any buildings but could consist of a large gathering of persons on a
beach, at an airshow, at a ball game, or at a fairground. NOTE:
While the presence of the nonparticipating public is the most
important determination of congested, this definition also applies
to structures, buildings and personal property. The congested nature
of an area is defined by what exists on the surface, not the size of
the area.
As always, nearly all conflicts stem from complaints by Joe and Jane
Q Public. If you'll fly in a way that doesn't attract undue attention
you'll probably be ok. Avoid being a noise nuisance or appearance
to endanger other. Fly fun and wind it up, just do so discreetly. |
Yellow areas don't define congested, perturbed people do. |
