There are two threads I highly recommend, both started by Scott Williams who is one of our resident aviation law specialists. In a recent case he was handling, the FAA took the position “that the failure to call LMFSS warrants a violation” where the pilot inadvertently busted a TFR.
Scott’s take-away message:
"Lessons for all of us:
- Always get a thorough briefing (although I don’t believe LMFS is required, it can’t hurt);
- If you maybe, just maybe, think you violated an FAR, file a NASA report immediately;
- When ATC says “call this number”, please call a lawyer first;
- When the FAA comes at you guns blazing, see #3 above;
- Don’t forget to enroll in AOPA’s Pilot Protection Services. It save my client thousands in this case."
Here are links to his threads:
For the background, Scott’s first thread post begins:
"I am currently representing a pilot who is accused by the FAA of busting a TFR (the “elected official” kind, not the “Mickey Mouse” kind). This pilot relied on three (3) separate sources to check for TFRs before and during his flight:
Foreflight moving map on his iPad;
Cirrus Perspective MFD moving map;
FAA TFR website.
The FAA’s own website disclaims:
*“Depicted TFR data may not be a complete listing. Pilots should not use the information on this website for flight planning purposes. For the latest information, call your local Flight Service Station at 1-800-WX-BRIEF.” *
The pilot was flying Part 91 at the time, and fortunately, did file a NASA ASRS report within the prescribed 10 day period. Unfortunately, this pilot flies professionally and cannot afford to have a violation on his record, even if there is no actual suspension.
The FAA’s regional counsel insists on proceeding with a violation of FARs 91.103 (airspace briefing), 91.141 (TFR), and, of course, the ubiquitous 91.13 (“careless or reckless”). While the FAA was willing to stay the penalty of a 30 day suspension in light of the NASA report, they would not consider a lesser action, such as a warning letter, remedial training, or 709 ride. In sum, when it comes to busts of Presidential or Vice Presidential type of TFRs, the FAA says: "We don’t negotiate". Their position is that the failure to call LMFSS warrants a violation. Huh?"