Legal Ramifications of landing at a private airport

[Mcast]

I was asked the question "what would happen if I landed on a private airport" and I honestly did not know the answer. I'm guessing there could be legal ramifications and possibly FAA penalties (suspension or worse). Any ideas?

[Denny of Oakland]

I can assure you there would be no FAA penalties (suspension or worse) unless it is a restricted airport of some sort and you did not declare an emergency.

Most private airports are covered under the Public Utility codes of the each state or their civil aeronautic department. You should check the state you are in.

[Mcast]

Just looked it up and it seems to be a class 3 misdemeanor with a max penalty of $500 fine and 30 days in jail. So you think the FAA wouldn't find some crazy way to charge the pilot with something like low flying or reckless operation of an aircraft or something? Sounds like something they would do.

[Denny of Oakland]

Being I happen to work for the Dark Side and unless someone filed a formal complaint the FAA would not do nothing. I don't recall reading any part 91 rule that says the FAA will beat up people for landing at a private air strip. Unless you broke a rule would the FAA do anything. Reckless is something the FAA would have to proved, there is noting reckless about landing on a private strip unless you endangered someone or damage personal property.

Most private strips are usually by themselves I serious don't think flying low would fit this rule since you were going to land. Now your state law may have something to say as you found out, but it is not a federal rule.

Just one man's opinion.

[Moon]

It would seem to me that landing at a private airport without permission, barring all other FAA infractions, would be a "trespass" with nominal damages. However "necessity" provides a defense and the risk of prosecution for a criminal trespass would be determined by prosecutorial discretion. similar to any uninvited presence in a vehicle or on foot. the main difference I see is that a clever and knowing airport/airstrip owner with your tail number could charge you a fee of an extraordinary amount then slap an FAA lien on you in OK City. Bottom line: you're taking a risk...

[wjgesq]

Originally Posted by Moon

It would seem to me that landing at a private airport without permission, barring all other FAA infractions, would be a "trespass" with nominal damages. However "necessity" provides a defense and the risk of prosecution for a criminal trespass would be determined by prosecutorial discretion. similar to any uninvited presence in a vehicle or on foot. the main difference I see is that a clever and knowing airport/airstrip owner with your tail number could charge you a fee of an extraordinary amount then slap an FAA lien on you in OK City. Bottom line: you're taking a risk...

I would have to agree. Trespass would be the civil infraction.