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.

A Helpful Guide For How to Determine the Requirements For Removal of An Aircraft After Emergency Landing

Aircraft Landing Upon Roadway During Emergency A plane or other aircraft landing on a highway is, thankfully, a very rare event; however; in an emergency situation this can, and does happen. 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.

The Law

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.

Penalty

(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

(5) No proceeding for damages shall be instituted against a police force, police officer or pilot, for an act or an omission done or omitted to be done by it, him or her in respect of the subject-matter of subsection (3) where the force, officer or pilot was acting in good faith.

Penalty

As per section 187(4) of the Highway Traffic Act, as shown above, the fine for a violation is very significant at ten thousand ($10,000) dollars.  This fine would also be subject to the statutory victim surcharge as well as court cost.

Summary Comment

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 highway will be used for take-off of the aircraft, then various special conditions must be followed.


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