How low can a paraglider legally fly

No lower limit in sparsely populated areas.

Posted 4/17/2016 20:58 (#5248702 – in reply to #5248512) Subject: RE: How low can someone legally fly an ultra lite or powered parachute?

Posted 4/17/2016 21:28 (#5248804 – in reply to #5248512) Subject: RE: How low can someone legally fly an ultra lite or powered parachute?

(a ) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

(b ) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c ) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

(d ) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons or property on the surface—

(1 ) A helicopter may be operated at less than the minimums prescribed in paragraph (b ) or (c ) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and

(2 ) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c ) of this section.

Posted 4/17/2016 21:36 (#5248842 – in reply to #5248512) Subject: RE: How low can someone legally fly an ultra lite or powered parachute?

This “legal minimum altitude” thing really seems to be popping up a lot in conversations here on NAT.

First, here’s a portion of a copy/paste from Federal Air Regs mostly re. powered chutes or “hang gliders”, but includes helicopters:

(c ) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

(d ) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons or property on the surface—

(1 ) A helicopter may be operated at less than the minimums prescribed in paragraph (b ) or (c ) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and

(2 ) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c ) of this section.

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-311, 75 FR 5223, Feb. 1, 2010]

Note the powered chute or hang glider (aka “weight shift” aircraft ) are not bound to the 500′ limitation. They have no minimum proximity definition.

Re. airplanes, it’s often stated that they can go no lower than 500′. That’s not what the FARs say. They say (see para. c ) No closer than 500′ to any person, vessel, vehicle, or structure. Note those things are all man-made. If a plane wants to roll his wheels off your corn tassels & there is nothing man-made (including that man ) within 500′, it can be done legally. If you are standing there watching that plane, then that plane needs to be 500′ away from you. If he’s 600′ away, he can put it on the deck. It’s been this way for a long-long time.

We always trained pilots in single-engine planes on emergency landings making them choose fields & keeping them on track right down to about 100′ AGL. Wires & poles are man made. Trees aren’t. None of the altitude rules count in take off & landings. It was almost never possible in most planes to be 500′ above the street when landing or taking off @ Midway airport in Chicago.

The caveat to all this was if something went bad in your buzz job, you were probably going to get a “careless & reckless” operation violation.

Posted 4/17/2016 22:02 (#5248922 – in reply to #5248842) Subject: RE: How low can someone legally fly an ultra lite or powered parachute?

That’s right, no closer than 500′ from a person or obstacle. Out in the open you can fly and let your wheels bump the ground you want.

Posted 4/18/2016 00:26 (#5249093 – in reply to #5248842) Subject: RE: How low can someone legally fly an ultra lite or powered parachute?

There are two issues here.

1. What is legal according to federal regulations

2. What is trespassing to a property owner.

The Government only cares about #1, because the supreme court granted them juristiction by declaring anything over 500′ public airspace.

#2 is a civil issue that the property owner must pursue and defend against trespassing.

As a property owner you have property rights in the air space 500′ above ground level. You have the right to enjoy your property without nuisance from the air but no one is going to arrest anyone on your behalf. You would have to track them down, most likely have to give a warning notice with proper delivery, and pursue remedy for damages if it continued.

Posted 4/18/2016 05:23 (#5249153 – in reply to #5249093) Subject: RE: How low can someone legally fly an ultra lite or powered parachute?

Posted 4/18/2016 05:34 (#5249165 – in reply to #5249093) Subject: RE: How low can someone legally fly an ultra lite or powered parachute?

Though you may be an attorney, I certainly am not. But, as I understand it, the “air rights” question may be governed state-by-state, vs federally. Yes, navigable air rights are considered normally starting @ 500′ AGL. However, should you live somewhere adjacent (adjacent is also undefined ), there may be published instrument approach procedures for that airport allowing & guaranteeing descent below 500′, in fact, it may be below 400′, or even less a few miles from the aiport. So, the 500′ rule isn’t gospel.

I believe in IL your air rights are considered halted above your tallest structure on your property. If you have a 75′ tall grain leg, that’s considered the upper limit, because you built it & now that air is yours. You are restricted by either local or federal regulations from building unlimited tall structures on your property without variances. Yes, there are 2000′ tall radio towers but they need tons of permits.

As I read it, the air rights questions resulted in lower altitudes for landowners in 1946 as air travel increased. Before that date, you were good to the moon.

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