If a Plane Lands On a Highway Because of An Emergency Who Is Responsible For Getting the Plane Off the Highway?
When An Aircraft Makes An Emergency Landing Upon a Highway the Pilot Is Legally Required to Have the Aircraft Removed As Soon As Reasonably Possible. If the Highway Will Be Used For a Take-Off Then Police Must Approve And Control Traffic and the Take-Off Must Be Performed By a Commercial Pilot and Be Other Than the Pilot That Made the Landing.
Understanding the Law About Removal of An Aircraft After An Emergency Landing
The landing of an aircraft on a highway rarely happens; however, in an emergency such a situation is possible and indeed does occur. When this does happen, the Highway Traffic Act, R.S.O. 1990, c. H.8 prescribes mandates requiring, among other things, the prompt subsequent removal of the aircraft.
After an emergency landing of an aircraft upon a highway, meaning any type of road defined as a "highway" per the Highway Traffic Act, the aircraft must be removed as soon as reasonably possible. Furthermore, if removal of the aircraft will involve use of the highway for a flight take-off, then the take-off must be performed by a commercial pilot, who is a person other than the pilot who performed the emergency landing. Additionally, among other things, a police force or police service must approve the use of the highway for take-off of the aircraft and provide, sensibly so, traffic control. Specifically, the Highway Traffic Act states:
Aircraft on highways
Removal of aircraft from highway after emergency landing
187 (1) Where an aircraft has made an emergency landing on a highway, the pilot in command thereof, if he or she is physically capable, shall, as soon after landing as is reasonably possible, remove or cause it to be removed from the roadway.
Aircraft and movement along highway subject to Act
(2) Subject to subsection (3), no aircraft shall be driven or drawn along a highway unless the aircraft and the movement thereof comply with the provisions of this Act respecting vehicles and the movement thereof on a highway.
Aircraft take-off from highway
(3) Where an aircraft has landed on a highway because of an emergency related to the operation of the aircraft, the aircraft may take off from the highway provided,
(a) a licensed commercial pilot, not being the owner of the aircraft, who is qualified to fly that class and category of aircraft, and the pilot in command of the aircraft are both satisfied that the aircraft is airworthy and that there are no physical obstructions on or over the highway which would make such take-off unsafe;
(b) the pilot in command of the aircraft is satisfied that weather conditions are satisfactory for the purpose and that the minimum requirements are met under the visual flight rules established by the regulations made under the Aeronautics Act (Canada) or, if the flight is to be continued under instrument flight rules, that adequate arrangements can be made for obtaining a clearance from an air traffic control unit prior to entering instrument flight weather conditions;
(c) traffic control is provided by the appropriate police force; and
(d) the police force consents to the take-off.
(4) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not more than $10,000.
No liability where good faith
As shown above, per section 187(4) of the Highway Traffic Act, upon guilt for a violation a fine of up to ten thousand ($10,000) dollars may be imposed. Additionally, the statutory victim surcharge as well as court cost would be added to the fine.
Rarely does an aircraft make an emergency landing onto a highway; however, when this does happen, the pilot who performed the emergency landing is legally required to make arrangements for removing the aircraft from the highway as soon as reasonably possible. If the subsequent method of removing the aircraft involves use of the highway for a take-off, then various legal mandates apply.