...And The FAA Sez He's Done It Before

There is arguably nothing cooler in the world of aviation than the low fly-by. The sight -- and sound -- of a screaming warbird, be it vintage or modern, buzzing a crowd at treetop-heights sends shivers down the spine of almost any aero-head, and cheers to their throat.

Aerial demonstration teams such as the Blue Angels know this well, as their shows usually include at least one high-speed flyover -- usually by sneaking up on the crowd from behind, afterburners on (love it!)

Thing is, those teams are well-trained and have received all the necessary clearances to do so -- whereas pilot Eugene Mallette was lacking at least one of those criteria when he pulled the flyover routine in his vintage P-51 last year.

Aero-News reported on Mallette before, although at the time no one knew him by name. Last October, reports came in from Missoula (MT) police that an unidentified P-51 Mustang buzzed the crowd and tailgaters just before a football game between Montana and Cal Poly at Washington-Grizzly Stadium.

The Missoulian newspaper reports eyewitness accounts identified the aircraft as belonging to Eugene Mallette. Earlier this month, the FAA sent Mallette notice that his ticket could be pulled for 360 days based on a January 4 ruling by the Northwest Mountain Region office of the FAA, based in Renton, WA.

In its ruling, the FAA noted Mallette flew his warbird "over a congested area... below 1,000 feet of objects on the ground... including, or in the vicinity of, a stadium which is part of the University of Montana."

Most damningly, the FAA also claimed Mallette's plane (file photo of type, below right) was traveling at speeds greater than 230 mph below 2,500 feet within four nautical miles of a primary airport -- and that his actions were "careless or reckless, endangering the lives and property of others."

Cool to watch, and no doubt a lot of fun to fly... but also a really bad idea if you want to keep your ticket.

What's worse, the FAA ruling also states Mallette pulled the same stunt three months before, over St. Cloud, MN. The ruling alleges Mallette failed to establish communications with the airport tower in that incident -- and that he then proceeded to execute "an unsafe low and fast pass" between the tower and a taxiway "at a low altitude and at a rate of speed higher than was prudent."

In all, the Missoulian reports Mallette appears to have violated six FAA regs between the two incidents.

And then there's the case involving another similar incident in the Helena, MT area sometime in 1999... but you get the idea. That FAA recommendation called for a 270-day suspension of Mallette's ticket, which was later reduced by a judge to 230 days... but no records were provided to the paper indicating whether Mallette ever served the suspension.

Talks are reportedly underway between the FAA's Renton office and Mallette's representatives (read, attorneys) over the latest incidents, and a final ruling on the license suspension is expected within two weeks. Stay tuned. 

FMI: www.faa.gov