What Is the Law Applicable to Situations Where a Plane Did An Emergency Landing On a Roadway?
It Is Possible That In An Emergency Situation An Aircraft Will Make An Emergency Landing Upon a Highway. When This Happens the Pilot Who Made the Landing Is Required to Arrange For Removal of the Aircraft As Soon As Reasonably Possible.
Understanding the Law About Removal of An Aircraft After An Emergency Landing
It is a very rare event; but does happen a few times per year, that an aircraft makes an emergency landing on a highway or roadway. After an emergency landing, the Highway Traffic Act, R.S.O. 1990, c. H.8 imposes various requirements relating to the timing and method for removing the aircraft.
Following the an emergency landing of plane, or other aircraft, onto a highway, which includes various types of roadways as per the "highway" per the Highway Traffic Act, the plane, or other aircraft, must be removed as soon as is 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. The Highway Traffic Act specifically 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
Upon a finding of guilt for violating section 187(4) of the Highway Traffic Act a pilot may be fined up to ten thousand ($10,000) dollars which would also be subjected to the statutory victim surcharge as well as court cost.
Although it happens very infrequently, when an aircraft makes an emergency landing upon a highway, the pilot who did the landing is required to arrange for removal of the aircraft 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.