Nicolas Bertolami

Someone posted a question on this earlier, but then deleted their post.  However, this is a significant issue which those who operate at nontowered airports need to understand to avoid conflict.

The question was whether there was an official FAA interpretation regarding 91.113(g) about whether aircraft already established on final have right-of-way over aircraft which have not yet turned final even if the other aircraft is already lower.  The answer is “yes”, and there is an official precedent case on point which solidifies the FAA's interpretation.  The FAA says this regulation means (short of an emergency) an aircraft already established on final does have right-of-way  over an aircraft not yet on final (e.g., on downwind or base), and the second aircraft may not turn in front of the aircraft on final if that will force the aircraft on final to alter/abandon its approach.  Note that Mr. Fekete was subject to not just a suspension, but an emergency revocation for admittedly, knowingly, and deliberately cutting off an aircraft on a straight-in final forcing it to abandon its approach.  

As this as already been interpreted by the FAA in this case and adjudicated before an ALJ and the full NTSB, any opinion to the contrary from any other source, be it AOPA's legal staff or someone's interpretation of an Advisory Circular (which is not regulatory), would be without legal foundation.  Short of bringing this case before the US Court of Appeals, this interpretation has force of law.  And even there, I think it would be very hard to prove before that court that the FAA's position is “arbitrary, capricious, or otherwise not according to law.”

Now this doesn't mean that if there's a plane on a 10-mile straight-in doing 80 knots you must extend to get behind it.  Right-of-way and 91.113(g) are only issues if turning in front of the aircraft on final would create a conflict and force that aircraft to alter/abandon its approach to avoid a collision.  If you can turn in, land, clear the runway and be at the fuel pump before the aircraft on final reaches the threshold, there's no conflict and no right-of-way issue to resolve.  Of course, it would still be both prudent and polite to discuss this on CTAF before you do it, but that's not a regulatory issue.

All that said, if you're doing a straight-in and someone cuts you off forcing you to alter/abandon your approach, CTAF is not the place to deal with it.  Just do the safe thing and worry about anything else later.

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Someone posted a question on this earlier, but then deleted their post.  However, this is a significant issue which those who operate at nontowered airports need to understand to avoid conflict.

The question was whether there was an official FAA interpretation regarding 91.113(g) about whether aircraft already established on final have right-of-way over aircraft which have not yet turned final even if the other aircraft is already lower.  The answer is “yes”, and ... more

Hello,

My (certified) aircraft visited the manufacturer workshop to troubleshoot several... youth issues. Among them, a left-yawing tendency. Following this visit, the aircraft flies straight. There is no mention of any modification in the aircraft documentation. My best guess is they shortened the rudder pedal springs on one side. When I ask the question, the answer I get is "we have no idea, it's something we do on a standard basis, it's an internal procedure".

So my question is : can it be done without recording it ?

Thanks for your insight,

Nick.

Show Less

Hello,

My (certified) aircraft visited the manufacturer workshop to troubleshoot several... youth issues. Among them, a left-yawing tendency. Following this visit, the aircraft flies straight. There is no mention of any modification in the aircraft documentation. My best guess is they shortened the rudder pedal springs on one side. When I ask the question, the answer I get is "we have no idea, it's something we do on a standard basis, it's an internal procedure".

So ... more

Hello,

My (certified) aircraft visited the manufacturer workshop to troubleshoot several... youth issues. Among them, a left-yawing tendency. Following this visit, the aircraft flies straight. There is no mention of any modification in the aircraft documentation. My best guess is they shortened the rudder pedal springs on one side. When I ask the question, the answer I get is "we have no idea, it's something we do on a standard basis, it's an internal procedure".

So my question is : can it be done without recording it ?

Thanks for your insight,

Nick.

Show Less

Hello,

My (certified) aircraft visited the manufacturer workshop to troubleshoot several... youth issues. Among them, a left-yawing tendency. Following this visit, the aircraft flies straight. There is no mention of any modification in the aircraft documentation. My best guess is they shortened the rudder pedal springs on one side. When I ask the question, the answer I get is "we have no idea, it's something we do on a standard basis, it's an internal procedure".

So ... more

Hello,

Just a quick disclaimer : my purpose here is not to put blame on anyone, just to get advice from more experienced members for an event I'm - fortunately - note really used to.

Also, I am a european AOPA member, and this is something that happened in Europe, just in case...

I've owned an CS-LSA-certified aircraft for a year now. There were some minor technical issues I brought up to the local dealer who sold me the plane. After consulting with the manufacturer, they advised to have the aircraft flown back to the factory where all these issues would be dealt with, under warranty. None of these issues were safety-related, there were some minor glitches with soem aircraft systems and a left-yawing tendency that probably was related to the calibration of the rudder springs, along with the suspicious behavior of an engine sensor.

So we arranged for a pickup date, and a pilot working for the dealer came to ferry my plane to the factory. Upon landing at the factory... the nose landing gear failed, for a reason unkown yet, the prop struck the ground and the aircraft came to a rest on the lower engine cowling.

I have no reason to suspect the pilot. Pictures taken after the accident along with eyewitness reports tend to corroborate his version of a non-eventful landing, with the nose slightly off the ground as per POH. Then when the nose wheel settled, the wheel separated from the landing gear shock absorber, which dragged for some 30+ feet in the grass before failing too, and folding backwards.

The aircraft was 15 hours after its annual/100hrs check, with no problem found other than the system/sensor glitches mentioned previously.

I don't have any report yet, knowing that the fact that the aircraft is at the factory is both a blessing (they're probably the most competent team in the world to deal with it), and a risk (one could think they would not be as straightforward as a third party). But I have no reason to suspect they won't be fair and transparent.

I am just trying to figure out if there are things i must think of, apart from the initial notifications to the counterparts of the FAA and NTSB here. Every help is welcome.

Thanks in advance!

Show Less

Hello,

Just a quick disclaimer : my purpose here is not to put blame on anyone, just to get advice from more experienced members for an event I'm - fortunately - note really used to.

Also, I am a european AOPA member, and this is something that happened in Europe, just in case...

I've owned an CS-LSA-certified aircraft for a year now. There were some minor technical issues I brought up to the local dealer who sold me the plane. After consulting with the manufacturer, they ... more