FAA Regulation 14 CFR Part 91.119(d) directs that helicopters cannot pose a hazard to persons or property on the surface. In the Dayton Ohio area over the past four years, we experienced periodic incidents where medical helicopters overflew residential areas at low altitudes at low and high speeds. This low altitude over-flights resulted in excessive noise, window shaking and in some cases, vibration of the walls of residences.
In 2005 and 2006 when I complained to the FAA and the hospital involved with the medical helicopters, I was told not very much could be done to rectify this situation. In one case, I was told by non-FAA personnel they could legally fly anywhere they wanted, although they conceded a helicopter pilot has no legal right to vibrate property located on the ground. The local FAA inspector stated there was little he could do other than talk to the helicopter pilots. He could not, however, cite a single, safe, authorized aeronautical maneuver, FAA regulation or Federal law for in-flight, en route helicopter operations which requires or allows any pilot to vibrate any structure on the ground in any manner. While a litigation threat reduced this problem, such private action is not a long-term solution.
Recommend the FAA's proposed rule contain a clearly stated provision:
"FAA Regulation 14 CFR Part 91.119(d) directs that helicopters cannot pose a hazard to persons or property on the surface. During en route flight of air ambulance helicopters outside of takeoff and landing operations, incidents of excessive ground level noise, residential window rattling, vibration of ground structures and similar situations are indicative of flying too low for the terrain where the incident occurred, creating a hazard to the public and violating FAA Regulation 14 CFR Part 91.13(a). Such incidents shall be investigated under FAA Regulation 14 CFR Part 13 within thirty calendar days of FAA receipt of a complaint from any member of the public."
Patrick Shediack
This is comment on Rule
Air Ambulance and Commercial Helicopter Operations, Part 91 Helicopter Operations, and Part 135 Aircraft Operations: Safety Initiatives and Miscellaneous Amendments
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