Fighter pilots on your flank

The likely explanation is that they skip the step of the required preflight briefing that suggests reviewing the notice to air mission (notam) announcements, formerly known as notices to airmen. This is more than a mere blunder. Beyond ingloriously ending their flight flanked by fighter jets, there are legal implications for pilots who fail to analyze their planned route thoroughly.

A pilot’s preflight objectives are governed by an FAA regulation (FAR 91.103) that is simple and concise: “Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight.”

The rule goes on to provide some clarification of the statement, but that is it in a nutshell. Fortunately, the FAA published an advisory circular (AC 91.92) in 2021, “A Pilot’s Guide to a Preflight Briefing,” to provide further guidance.

The advisory categorizes notams/temporary flight restrictions (TFRs) under the term “aeronautical information,” which is a condensed version of the regulation’s language, “all available information concerning the flight.” In other words, checking notams before takeoff is not an option; it is an expectation.

Notams are unpublished “temporary changes to services, components, or hazards in the National Airspace System (NAS),” according to AC 91.92, which emphasizes their significance in the preflight briefing. Additionally, it directs the pilot to the FAA Notams Search website to identify notices that may affect their flight path. AOPA members can view notams using the AOPA iFlightPlanner (aopa.org/travel/aopa-flight-planner) when requesting a weather brief.

So, what happens when a pilot does not check notams before wheels up, and they bust restricted airspace?

“A pilot could face consequences such as an FAA Compliance Action, a certificate suspension or revocation, fines, or even criminal penalties,” said Jared Allen, AOPA deputy general counsel. “However, an unintentional, simple mistake by a pilot with no violation history should be a candidate for the FAA’s Compliance Program, which uses tools like counseling and remedial training to address the root cause of the violation instead of enforcement action. 

“On the other hand, a pilot who knowingly or willfully violates a TFR classified as national defense airspace may be subject to criminal penalties under 49 USC § 46307.”

Some closing words of advice: Contacting flight service for a preflight briefing is not mandatory, but it is strongly recommended for two reasons. First, notams can be confusingly worded; therefore, calling flight service allows the pilot to seek clarification on the notice. Second, flight service maintains a call log that can be used to verify that the pilot exercised reasonable care in the event of an incursion or any other incident.

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