NTSB REQUIRES FAA TO BRIEF PILOTS ON TFRS

In a recent legal opinion, the NTSB held that an airman who penetrated the Camp David TFR was not in violation of the FARs because he was not advised by the preflight briefer of the enlarged size of the prohibited airspace. 

On November 20, 2001, a flight instructor and his student departed Northeast Philadelphia Airport for a dual cross-country flight.  The student pilot obtained a weather briefing, during which, he testified, he was not advised of the NOTAM that the Camp David prohibited area radius was expanded from three to eight miles.  The flight penetrated the enlarged area.

The NTSB, exercising its quasi-judicial function of reviewing FAA enforcement actions against airman, found that there was no evidence that the briefer advised the student of the larger TFR.  Consequently, it concluded that it was inappropriate to hold the instructor, as pilot in command, responsible for violation of the TFR airspace.  The case turned on the fact that the briefing tape was not preserved.  The NTSB said that, although the FAA was not entitled to a presumption that the briefer warned of the TFR, the pilot is not entitled to the opposite presumption, even though the FAA has the burden to prove the case.  In the end, the NTSB said that the only evidence came from the student, who testified that he did not receive expanded TFR information.

Surprisingly, the NTSB allowed the instructor to rely on the student to get the briefing.  However, the opinion says this is not advisable.  The student in this case had 26 hours of flight time; it would be much different to rely on a student with significantly less experience.

The opinion is Administrator v. Dress, N.T.S.B. Order No. EA-5115 (2004), and may be accessed at http://www.ntsb.gov/alj/O_n_O/docs/aviation/5115.PDF.

Lessons to be learned from this case include:

1. ALWAYS get a briefing, ALWAYS give the briefer your name, and ALWAYS ask about relevant TFRs on or near your route of flight.

2. If you penetrate a TFR or think you might have, ALWAYS file a NASA report immediately.

3. If you penetrate a TFR and you do not think you were briefed on it, ALWAYS request a copy of the tape immediately.

4. If you do not know how to do any of the above, ask a flight instructor.