by Dave Weiman
Wouldn’t it be nice if in the event you or your fellow aviator had an in-flight emergency that you could be directed by air traffic control (ATC) to the closest airport, whether paved, grass, private or public?
For years I have urged our local ATC facility to become familiar with the location of privately-owned airports within a 30-mile radius of its facility to help them in their orientation of aircraft operations in the area. Every time I depart a privately-owned airport in the area, it is not enough to provide ATC with the airport identifier. I need to also tell them the name of the closest town, and then it is not until ATC assigns me a transponder code that they see the position of my aircraft. There’s nothing on their radar overlay to show where the airport is located.
ATC is usually focused on the public-use airport where they are based, and main relievers in the area. But a recent incident in which an aircraft in Wisconsin experienced an in-flight emergency has brought this issue to the forefront of our attention once again, and may increase ATC’s justification to become better familiar with all airports in their area, public or private.
Not all private airstrips are ideal for public use, because of obstacles on the approach ends of the runways, or because of their length and surface conditions. Liability can also be a concern, unless your state includes “aviation” within its Recreational Use Statute (RUS) as a permitted use, which exempts the landowner from liability. But in an emergency situation, it would be up to the pilot-in-command to decide whether or not to make an emergency landing on a private airstrip, not the landowner and not ATC, but ATC cannot even make that option available to the pilot if they don’t know where all airports in the area are located.
Private airport owners wishing to make their local ATC facility familiar with the location of their facilities can provide them with their coordinates, and note their location on a sectional chart, if not already depicted.
Private airport owners can also request that their state legislature recognize “aviation” in their state’s Recreational Use Statute, often referred to as the “Good Guy Law.”
If you live in either Minnesota, South Dakota or parts of Nebraska, your state’s RUS already recognizes aviation as an acceptable use. If you live in one of the other nine Midwest states we serve, you may wish to encourage your state representatives to introduce an amendment to your RUS to specify aviation. By doing so, the owner of the airstrip will be granted liability protection under law should the owner wish to permit others to use his/her airstrip without charge, if the owner does not overtly create a hazard. Only 15 states nationwide include aviation within their Recreational Use Statutes, so there is a good chance your state does not yet have this protection.
For additional information, refer to the article entitled “Changing Your State’s Recreational Use Statute To Include Private Airstrips” at www.MidwestFlyer.com, or contact the Recreational Aviation Foundation at www.theraf.org or 406-582-1723.
EDITOR’S NOTE: The opinion expressed here is not a legal interpretation of any law. Readers may wish to consult with an aviation attorney with expertise in this area before taking any action.