Menu Sign In Contact FAQ
Banner
Welcome to our forums

NAA/CAA action against a pilot upon declaring a mayday - fiction?

Clipperstorch wrote:

Also how can one get fined for engine trouble? Unless empty tanks are the reason, I mean.

Reading between the lines of the incident described by @Micha_LSA:

In Germany you must take off and land at an approved airfield during opening hours, and the approval must be for your aicrarft category (a gliding site or microlight stip for example is not approved for a motorised EASA type). Approval is granted by the local aviation authority.

Precautionary and emergency landings are an exception, but are subtly different:
- you can land anywhere and take off again without approval if it is a precautionary landing
- you can land anywhere without approval if it is an emergency, but need approval to take off again

I suspect that Micha took off again, the police or aviation authority decided to prosecute him for the unauthorised take-off, and the judge decided it was a precautionary landing and dismissed the case. They may also have tried to prosecute him for the landing, but that would have been quite black and white.

Biggin Hill

Precautionary and emergency landings are an exception, but are subtly different:
- you can land anywhere and take off again without approval if it is a precautionary landing
- you can land anywhere without approval if it is an emergency, but need approval to take off again

What is the reasoning behind that?

I also wonder what determines whether you will get the approval to take off again. A mechanic, who inspected the plane? An LBA official who inspected the plane and took the opportunity to check the pilot’s papers?

Administrator
Shoreham EGKA, United Kingdom

you can land anywhere without approval if it is an emergency, but need approval to take off again

So let’s assume you experience icing, your airframe can’t cope with it and you decide to make an emergency landing. Ice melts, weather is improved and you can’t take off without approval?

LDZA LDVA, Croatia

Emir wrote:

So let’s assume you experience icing, your airframe can’t cope with it and you decide to make an emergency landing. Ice melts, weather is improved and you can’t take off without approval?

I’m afraid that’s the case in several country, France being one of them. If you land of airport in France (whatever reason) you will need the permission from the ‘préfet’ to take off again (and to cover himself that this decision will not bite him afterwards, he will ask their opinion to his list of administration which in turn will try to find some expert somewhere, administration do not like being blamed for anything).

ENVA, Norway

If you land of airport in France (whatever reason)

There must be more to it because I have done fuel diversions and just flew out again.

You may be referring to a mayday situation.

Administrator
Shoreham EGKA, United Kingdom

I think it’s a typo and should read ‘off airport’

Completely anecdotal, but during my (French) PPL the theory was that the ensuing takeoff had to be done by an FI with the gendarmes present/notified.

EGHO-LFQF-KCLW, United Kingdom

That would make sense because, for a start, almost anywhere in Europe, you are then trespassing on private land. In practice, a departure, if nothing was damaged, is almost impossible to do anything about unless you p1ssed off somebody important

had to be done by an FI

Another variation I’ve heard is that you need a CPL to take off after a forced landing. This was written by a George Irvin, a former pilot and economics professor, in a UK newsletter almost 20 years ago. He landed a Mooney (engine failure) in a potato field in (IIRC) Netherlands. I don’t know where or who this CPL requirement came from. He held an FAA CPL so could do it.

Administrator
Shoreham EGKA, United Kingdom

In UK, I think all you need is land owner permission to takeoff (at least that was all the requirement for land & takeoff when tugging gliders from farmers fields)

In France, for SEP aeroplane (ULM: all you need land owner permission)

  • You need “runway inspection” from the DGAC
  • You need “takeoff permission” from the Mayor

These are combined in one form as usually the Mayor refers to DGAC

Completely anecdotal, but during my (French) PPL the theory was that the ensuing takeoff had to be done by an FI with the gendarmes present/notified.

I am not aware of any requirement for FI as PIC/RHS or watched by Gendarmes? maybe another PPL myth, the legal texts are here,

Off-airport takeoff in France

If it’s international flight you need to notify customs & immigration after you land, you can even get sorted for international takeoff without having to stop in POE outbound

BGTA, BEA, SAMU/RFFS could come after landing if they want, they don’t have to be around but if you crash on takeoff, they will come back, so better arrange for them to be around, especially medics and fireman’s

Last Edited by Ibra at 02 Dec 12:34
Paris/Essex, France/UK, United Kingdom

Ibra wrote:

the legal texts are here

Merci
I was just about to go looking

EGHO-LFQF-KCLW, United Kingdom

Capitaine wrote:

I think it’s a typo and should read ‘off airport’

Yes it was a typo, one ‘f’ too little …

Ibra wrote:

In France, for SEP aeroplane (ULM: all you need land owner permission) You need “runway inspection” from the DGAC You need “takeoff permission” from the Mayor

These are combined in one form as usually the Mayor refers to DGAC

According to the text you linked further down in your post, it’s not from the Mayor, but from the ‘Préfet’ (not sure what that translate to in English though).

ENVA, Norway
Sign in to add your message

Back to Top