SCENARIO BASED PAPER ON AN ASPECT OF AVIATION LAW

FAR 91.103
INTRODUCTION TO THE ISSUE: Federal Aviation Regulations (FARs) are established
and enforced by the Federal Aviation Authority (FAA) as mandates for controlling all aspects of
aviation in the United States. The FARs are contained in Title 14 of the Code of Federal
Regulations (CFR) and the primary aim is to ensure safety in all aviation procedures and
programs. Any general aviation operator or aviation professional violating any FAR is liable to
penalty including administrative dispositions, certificate action and civil penalties, summary
seizure and reexamination (Hamilton, 2011, p. 37). A very important FAR is 91.103 that
underscores the importance of preflight planning.
FAR section 91.103, 14 C.F.R. Part 91, provides, in relevant part, as follows:
Preflight action.
Each pilot in command shall, before beginning a flight, become familiar with all available
information concerning that flight. This information must include
(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and
forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and
any known traffic delays of which the pilot in command has been advised by ATC;
(b) For any flight, runway lengths at airports of intended use, and the following takeoff and
landing distance information:
(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual
containing takeoff and landing distance data is required, the takeoff and landing distance data
contained therein; and
(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other
reliable information appropriate to the aircraft, relating to aircraft performance under expected
values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.
(14 CFR 91.103 - Preflight action, n.d.);
CASE SCENARIO: PLANE CRASHLANDED DUE TO INADEQUATE PREFLIGHT
ACTION IN VIOLATION OF PART 91.103

Peter Smith was pilot in command of a Piper Tri-Pacer that was transporting Mr. Chris
Jake, owner of The Fastest News, an online newspaper and his staff of 3, comprising of his
secretary Ms. Freida Gomes, reporters Leon Pride, and Craig Jones. The plane crash-landed
during the takeoff attempt at Greenpeas Field on 3rd May 2012 in Precious City, Texas. A
National Traffic Safety Board report stated that no fuel was visually found in the airplanes fuel
tank or gascolator. The report also said that FAA inspectors failed to find any evidence of a fuel
spill, and no odor. There was no evidence of an engine failure either and the inspector could not
identify a specific cause of the crash. The report also noted that a system designed to stabilize the
plane while parked on the runway had been engaged when takeoff was initiated. The system is
not meant to be on while a plane is in motion. .
Before starting the journey, Peter had checked the airplanes fuel gauges and noted that
both were half full. He consulted the daily weather report on the television that predicted a clear,
sunny day. Peter assumed the fuel would last him for the entire flight from Precious City in
Texas to Golden Eye in New York, and approximate distance of 1400 miles. Peter had been
flying Mr. Jake for almost two years now, and had never reported any untoward incident, so had
the full trust of the latter. He overlooked the fact that fuel calculation and a cursory weather
check did not measure up to the FAA standards of what comprised preflight action.
At about 500 feet from the end of runway, the plane began braking. Take off could be
aborted as the plane had fortunately not reached the speed at which a plane cannot be aborted.
On realizing that he would have to abort the takeoff, Peter thrust reversers. The plane slowed
down to 25 mph and it was a miracle that the crew and passengers could survive unscathed.

Peters airman certificate was suspended for a period of 60 days as per the FAA's sanction
guidance table that recommends a suspension of between 30 and 90 days per violation, of both
operation within prohibited or restricted area and failure to obtain preflight information. Under
14 C.F.R. 61.19, the holder of any airman certificate that is issued under this part, and that has
been suspended or revoked, must return that certificate to the FAA when requested to do so by
the Administrator.
RECOMMENDATIONS: The use of shall indicates that the policy is mandatory and
must be followed. The use of and indicates the pilot needs to look at weather reports as well as
weather forecasts; it is always wise to base flight planning decisions on more than one weather
sources, because weather involvement continues to be one of the most relentless causal factors in
aircraft accidents. Current charts are an important detail that pilots should not overlook.
Similarly, they must take utmost care to visually check fuel and oil levels before takeoff.
Preflight thinking includes the orientation of nearby runways to pilot can choose a landing site
better aligned with a strong wind. Cross-country flights should be given special attention; pilots
should focus on things such NOTAMS, extended fuel planning, terrain and airspace, complete
routing, alternate airports (even for a VFR flight).
SUMMARY: The FAA shoulders a huge responsibility in the enforcement of FARs and
detecting violations. Certificate holders face civil and criminal penalties if they are in violation
of the FARs. It is in their utmost prudence to carry out a thorough preflight routine as preflight is
an important part of the planning process and what the pilot finds during the prefight can
completely change the rest of the pilots plan. Only then can a pilot ensure that they are not
violating FAR 91.103 and its attendant administrative or enforcement action. Failure to plan has
a price that any pilot would rather not pay.

References

14 CFR 91.103 - Preflight action. (n.d.). Retrieved September 17, 2014, from Cornell:
http://www.law.cornell.edu/cfr/text/14/91.103
Hamilton, J. S. (2011). Practical Aviation Law (Fifth ed.). Newcastle: Aviation Supplies &
Academics.