Re: Helicopter Pilot Arrested

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eeek
Glen Canyon National Recreation Area (AZ,UT)
Helicopter Pilot Arrested

On Friday, June 12th, rangers were on patrol at a large wakeboard competition being held on Lake Powell when they saw a helicopter approach and hover within 500 feet of six beached houseboats, 15 ski boats, several personal watercraft, 20 to 25 swimmers and approximately 100 persons on shore. Several passengers then jumped from the helicopter into the water, after which the helicopter landed atop a nearby houseboat. Ranger Jared St. Clair contacted the 33-year-old pilot, out of St. George, Utah, and subsequently arrested him for illegal air delivery of passengers and creating a hazardous condition. Since an initial warning in 2003, the pilot has received four citations concerning the operation of his helicopter in the park, including two last year. He was scheduled to appear in federal magistrate’s court yesterday.

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Frank Furter
Strange. Usually enforcement of aircraft regulations is done by the FAA.

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Frank Furter
Strange. Usually enforcement of aircraft regulations is done by the FAA.

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eeek
Glen Canyon National Recreation Area (AZ,UT)
Helicopter Pilot Arrested

On Friday, June 12th, rangers were on patrol at a large wakeboard competition being held on Lake Powell when they saw a helicopter approach and hover within 500 feet of six beached houseboats, 15 ski boats, several personal watercraft, 20 to 25 swimmers and approximately 100 persons on shore. Several passengers then jumped from the helicopter into the water, after which the helicopter landed atop a nearby houseboat. Ranger Jared St. Clair contacted the 33-year-old pilot, out of St. George, Utah, and subsequently arrested him for illegal air delivery of passengers and creating a hazardous condition. Since an initial warning in 2003, the pilot has received four citations concerning the operation of his helicopter in the park, including two last year. He was scheduled to appear in federal magistrate’s court yesterday.

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Frank Furter

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eeek
Glen Canyon National Recreation Area (AZ,UT)
Helicopter Pilot Arrested

On Friday, June 12th, rangers were on patrol at a large wakeboard competition being held on Lake Powell when they saw a helicopter approach and hover within 500 feet of six beached houseboats, 15 ski boats, several personal watercraft, 20 to 25 swimmers and approximately 100 persons on shore. Several passengers then jumped from the helicopter into the water, after which the helicopter landed atop a nearby houseboat. Ranger Jared St. Clair contacted the 33-year-old pilot, out of St. George, Utah, and subsequently arrested him for illegal air delivery of passengers and creating a hazardous condition. Since an initial warning in 2003, the pilot has received four citations concerning the operation of his helicopter in the park, including two last year. He was scheduled to appear in federal magistrate’s court yesterday.

Perhaps an arcane point, but I am still puzzled by this process. I have never heard of someone "arrested" for this sort of FAA related issue. I wonder what his disposition was. Is he still in jail? FAA and Flight Safety District Offices can issue enforcement and administrative citations, but I am not ever heard of violations of flight regulations resulting in an arrest and I have never heard of a ranger associated with federal land enforcing FAA regulations. Perhaps any federal law enforcement officier can enforce any federal regulations, though.

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Frank Furter
I have never heard of someone "arrested" for this sort of FAA related issue.

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tomdisco
When I lived in rural Maine we had a local Fish & Wildlife game warden who seemed to have all the powers of state, county, or local police and used those powers regularly. It takes little effort to call the FAA and say, "I arrested this guy for such and such; do you want to weigh in?"

FAA enforcement can be a hit or miss proposition. Sometimes they will miss the really big violators but end up grounding a pilot for admitting on a physical to occasional use of a presciption decongestant, even if never used while flying. Go figure.

Jim

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2.1 Authority to carry out law enforcement duties-- is found in law including the General Authorities Act of 1976 (16 U.S.C. 1a-6(b)), which under 41 Fed. Reg. 44876 (1976) has been delegated to NPS employees who possess specific law enforcement certification (Type I and II Law Enforcement Commissions) and USPP Officers. Such employees and officers may:

* Carry firearms and make arrests without warrant for any offense against the United States committed in his presence, or for any felony cognizable under the laws of the United States if he has reasonable grounds to believe that the person to be arrested has committed or is committing such felony, provided such arrests occur within that [National Park] system or the person to be arrested is fleeing therefrom to avoid arrest.
* Execute any warrant or other process issued by a court or officer of competent jurisdiction for the enforcement of the provisions of any Federal law or regulation issued pursuant to law arising out of an offense committed in that system, or where the person subject to the warrant or process is in the national park system in connection with any Federal offense.
* Conduct investigations (wherever that investigation may lead) of offenses against the United States committed in the national park system in the absence of investigation thereof by any other Federal law enforcement agency having investigative jurisdiction over the offense committed or with the concurrence of such other agency.

2.2 Law Enforcement Authority

Inside Park Boundaries: Within national park system boundaries, the Service will fulfill its law enforcement responsibilities using NPS employees. However, the NPS is authorized by 16 U.S.C. 1a- 6(c) to appoint (deputize) another agency's qualified law enforcement personnel as special police when it will benefit the administration of a park area. Deputations may be issued only for the purpose of obtaining supplemental law enforcement assistance when deemed economical and in the public interest, and with the concurrence of the other agency. Deputations may not be used to delegate NPS law enforcement responsibilities to state or local governments. All such appointments must be approved by the bureau director of law enforcement or his/her designee, and supported by a written agreement with the other agency at the park or national level, except when there is insufficient time because of an emergency law enforcement situation.

Outside Park Boundaries: The Service is also authorized to use appropriated funds for "Rendering of emergency rescue, fire fighting, and [other] cooperative assistance to nearby law enforcement and fire prevention agencies and for related purposes outside of the National Park System"(16 U.S.C. 1b(1)). Further, insofar as 16 U.S.C. 1b(1) does not confer arrest authority to NPS personnel who act outside park boundaries, State arrest authority is first needed before NPS personnel can enforce State law or engage in law enforcement activity outside national park system boundaries.

This authority will be used in emergency situations, only after first determining that such actions will facilitate the administration of the park or be an effective management tool for obtaining mutual assistance from other agencies. Furthermore, the authority is intended for use only in response to an unexpected occurrence that requires immediate action, which may include one or more of the following:

* Emergency responses such as life or death incidents, serious injury/ fatality accident/ incident scenes, crime scenes involving the protection of human life, officer needs assistance, threats to health or safety of the public.
* Emergency or law enforcement incidents directly affecting visitor safety or resource protection.
* Probable-cause felonies and felonies committed in the presence of and observed by USPR, SA or USPP.
* Misdemeanors committed in the presence of USPR, SA or USPP that present an immediate threat to the health and safety of the public.

The Service may not assume law enforcement responsibility outside of park boundaries (except in two exceptions relating to the USPP who under the District of Columbia Code5-201 (2001) have the same police powers as the Metropolitan Police of the District of Columbia and were given police authorities under the District of Columbia Code 5-206 (2001) enabling them to act as police officers on all Federal reservations in nine counties and one city adjacent to the District of Columbia) in lieu of the legitimate responsibilities of nearby agencies. Cooperative assistance rendered to nearby law enforcement agencies outside of park boundaries should be limited to only those actions or efforts that support or assist those agencies.

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Settlement finalized last month

A settlement in the motorcyclist action was reached on April 14, 2005 but – due to the attorneys’ respective trial schedules – was only finalized last month. Mayo was to pay out of his pocket, $1,000 to resolve the claim and to draft a public apology. The "statement of regret" states: "Please accept my public statement of regret for my actions and any resulting harm which occurred on Sept. 21, 2003, on State Route 1." It is not dated.

Most notable in the settlement was a stipulation that Ranger Mayo relocate outside of the Point Reyes-Inverness area.

Possibly as a result of the garden hose and pepper spray incidents, Mayo was taken off patrol duty at Point Reyes National Seashore and in March was reassigned to Sequoia National Park.

This was the last straw," Dolan said. "The National Park Service and Superintendent Neubacher couldn’t ignore that lawsuits were coming against the park, and coming against Mayo."

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bill-e-g
Don't worry Jim. It's looking like may not be "grounded".

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bill-e-g
Don't worry Jim. It's looking like may not be "grounded".
(He could use a couple more 110% votes though)