Posted on 01/11/2013 9:14:16 AM PST by KeyLargo
Secret 'no-fly zone'?
Pilot seeks answers after arrest
By Sarah Brown
Pilots returned, one by one, to Bermuda High Soaring in Jefferson, S.C. By about 5 p.m. on July 26, 2012, the lift had died and everyone had returned to the gliderporteveryone except Robin Fleming. No one remembered hearing from Fleming since 1:30 or 2 p.m., and Jayne Ewing Reid, co-owner and chief tow pilot of the glider club and commercial operation, was worried.
She called pilots who lived in the region and asked them to try to contact Fleming on their handheld radios. She flew the clubs Piper Pawnee in the direction of Flemings last known radio call, but found no evidence of the missing glider or its pilot.
This is when you get that feeling that somethings not right, she said. Fleming always called if he landed out. Worried that something had happened to Fleming, an avid glider pilot and instructor at Bermuda High, Jayne Ewing Reid and business partner Frank Reid decided to file a missing airplane report. Neither suspected that Fleming was in trouble with the law.
Fleming, 70, had been arrested for breach of peace after flying his Rolladen-Schneider LS8-18 sailplane noiselessly over the H.B. Robinson Nuclear Generating Station at an altitude of 1,518 feet mslby his estimates, about 1,000 feet over the power plants domeon his way to search for lift at nearby Lake Robinson.
No airspace restrictions were printed on sectional charts; no notam marked the area off-limits. When a woman at Hartsville Regional Airport relayed over the Unicom that law enforcement wanted him to land, he had flown to that airport and landed, greeted by a swarm of law enforcement vehicles.
Nonetheless, Fleming spent the night awake in a cell with 11 other inmates.
(Excerpt) Read more at aopa.org ...
There is in fact a flight restriction that has been on file since 2010 and has been restated back in 2004. The AOPA should no better. As this FDC reads, it strongly advises pilots to avoid the airspace around nuclear power plants. It does not say prohibit. Law enforcement should have had the common sense to realize that a sailplane can’t just power its’ way out of the airspace and no arrest should have been made after interviewing the pilot.
FDC 4/0811 - ...SPECIAL NOTICE...
THIS IS A RESTATEMENT OF A PREVIOUSLY ISSUED ADVISORY NOTICE.
IN THE INTEREST OF NATIONAL SECURITY AND TO THE EXTENT PRACTICABLE,
PILOTS ARE STRONGLY ADVISED TO AVOID THE AIRSPACE ABOVE, OR IN
PROXIMITY TO SUCH SITES AS POWER PLANTS (NUCLEAR, HYDRO-ELECTRIC, OR
COAL), DAMS, REFINERIES, INDUSTRIAL COMPLEXES, MILITARY FACILITIES
AND OTHER SIMILAR FACILITIES. PILOTS SHOULD NOT CIRCLE AS TO LOITER
IN THE VICINITY OVER THESE TYPES OF FACILITIES. WIE UNTIL UFN. CREATED: 08 OCT
18:22 2004
Should Pilots Fear the Police?
The saga of a South Carolina glider pilot arrested for overflying a nuclear powerplant recalls another episode in which police overreacted when a pilot did nothing wrong.
By Stephen Pope / Published: Jan 16, 2013
CBP searches of private aircraft may be unconstitutional
General Travel
July 14, 2013
By: David W. Thornton
In the wake of a number recent seemingly random searches of general aviation aircraft by federal law enforcement agents, the Aircraft Owners and Pilots Association demanded answers from Customs and Border Protection officials. In recent months, numerous searches of private aircraft have been reported by both the AOPA and the Atlantic. The AOPA filed numerous Freedom of Information Act requests on behalf of members who were stopped and searched by federal agents.
In one case, cited by both sources, Gabriel Silverstein, a pilot from New York, was stopped by CBP officers twice on a cross country business trip to Oklahoma in his Cirrus light airplane in May. A California Bonanza pilot, Larry Gaines, was surrounded by federal agents and questioned for two hours. Another particularly disturbing example occurred last year when Robin Fleming, a 70-year-old glider pilot was arrested for ostensibly breaching a no fly zone over a nuclear plant in Hartsville, S.C. even though there were no posted airspace restrictions.
In the July 12 edition of AOPA Live Ken Mead, AOPAs general counsel and executive vice president discussed the response from Customs and Border Protection. Its essentially a kiss off letter from the law enforcement agency, Mead said, that says were police, were law enforcement, the stuff you asked for is law enforcement sensitive and besides, not to worry because were there to watch out for the civil rights of your member
http://www.examiner.com/article/cbp-searches-of-private-aircraft-may-be-unconstitutional
In other words,
We’re the authorities and you have NO recourse.
Soooo, shut up and like it.
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