Tue, Aug 20, 2013
Accused Of Taking Off From Within Palm Beach City Limits ... No Proof Offered
Florida seaplane operator Mark Futch recently was fined $400 for doing what he's done for more than 20 years ... picking up a passenger and departing from the Intracoastal Waterway (ICW) near the town of Palm Beach, FL. Futch was fined despite the fact that no one can say definitively whether he broke the law.
Futch established his seaplane business in Palm Beach, FL, in 1987. On the flight in question, he picked up a passenger and their baggage, taxied to the channel of the ICW, and departed, as he had many times before.
But this time, according to a report from the Palm Beach Daily News, he was observed taxiing to the channel by Lead Code Enforcement Officer Rob Walton, though the official said he did not actually observe the takeoff. A gardener at an estate said he did see the takeoff, but could not say with certainty that it had occurred within the city limits. The city claims the waterway to the channel markers, but there are no "city limit" signs posted in the ICW.
Futch also admitted that he didn't know if he was inside the city limits.
So, after an hour of debate and arguments from lawyers on both sides, the board levied a fine of $250 and tacked on $150 in "administrative costs." Board member Alan Golboro said after the vote that it is not up to the board to determine where the city limit is located. "This survey shows our town line goes to mid-channel and the channel is within our corporate limits," he told the paper.
Futch argued through his attorney in a motion to dismiss that he had operated in federal navigable waters, and federal law treats a seaplane as any other boat once it is on the water.
More News
Have A Story That NEEDS To Be Featured On Aero-News? Here’s How To Submit A Story To Our Team Some of the greatest new stories ANN has ever covered have been submitted by our>[...]
“The legislation now includes a task force with industry representation ensuring that we have a seat at the table and our voice will be heard as conversations about the futur>[...]
Aero Linx: Waco Museum The WACO Historical Society, in addition to preserving aviation's past, is also dedicated and actively works to nurture aviation's future through its Learnin>[...]
Adcock Range National low-frequency radio navigation system (c.1930-c.1950) replaced by an omnirange (VOR) system. It consisted of four segmented quadrants broadcasting Morse Code >[...]
Also: uAvionix AV-Link, Does Simming Make Better Pilots?, World Games, AMA National Fun Fly Czech sportplane manufacturer Direct Fly has finished delivering its 200th ALTO NG, the >[...]