No Criminal Penalties For Accidental Violations

Do you want to hear the good news first, or the bad news? According to the Aircraft Owners and Pilots Association, pilots will continue to face the possibility of a military escort and FAA certificate action if you inadvertantly bust a temporary flight restriction (TFR)... but you won’t face criminal penalties.

As ANN reported in October, AOPA had feared a change in wording in security NOTAMS, that apparently left open the possibility anyone who violated a TFR -- even if the incursion was accidental -- could face criminal charges. The pilot advocacy group called on the FAA to clarify its intentions.

FAA Acting Administrator Bobby Sturgell has since set the record straight, AOPA said Thursday.

In a November 26 letter to AOPA President Phil Boyer, Sturgell wrote, “I want to reassure you that pilots who commit inadvertent violations of TFRs protecting security airspace are not subject to criminal charges and fines under 49 U.S.C. 46307. The FAA will refer to the Department of Justice for criminal prosecution only TFR violations of National Defense Airspace that involve Knowing or willful conduct.”

Sturgell added enforcement actions for unintentional TFR incursions have not changed much since 2002... and that criminal penalties have always been a possibility for those who knowingly or willfully violate a TFR.

Which supports a belief held by AOPA, the FAA, and most pilots -- that careful and thorough preflight planning is a must, before taking flight.

“Pilots who perform detailed preflights and check notams multiple times before they take off can still be caught by a last-minute pop-up TFR along their route,” said Boyer. “We’re pleased that the FAA won’t seek criminal penalties against these pilots.”

FMI: www.aopa.org, www.faa.gov