Penalty For Illegal Skydive

[Nutz 0]

Say I can find a pilot crazy enough to let me jump out of his airplane, what are they going to do to me? Nevermind all the safety and liability concerns, I make a succesful jump and the pilot gets below radar and flys away to - wherever, my canopy opens and John Q Public floods the 911 center and the deputy who lives down the street puts 2 and 2 together and comes to see me. "Boy, don't you know that is agin' the law? Let me introduce you to your new best friend, Bubba."

Could you get jail time? Or is it just a fine and confiscation of gear? BTW, anybody want to loan me some gear?

[funks 1]

I have wondered this same thing...ran into an old buddy of mine a couple of weeks ago and found out he has his own plane, a piper (could be interesting jumping out of that). Would love to jump into my neighborhood just for the hell of it.....would he lose his pilot license? how long would my ass sit in jail for? what are the chances of getting away with it???

My buddy did say he wouldnt be to excited about opening up the door up so high but i think that sounds like a personal problem to me!!!

[Nutz 0]

If the pilot gets caught he WILL lose his ticket. I think it would be very difficult for the pilot to get caught, on the other hand, it would be very easy for the skydiver to get caught and the pressure to give up the name of the pilot would be severe to say the least. I was just wondering what the penalty would be for doing it.

[JohnMitchell 14]

I think you can get fined by the FAA, and jailed by the police for tresspassing. Not sure, but why not do it legally. I've jumped a lot of places, including my neighborhood. Usually you need to file a Notam with the FAA, get landing permission from the property owners where you'll land, and the pilot has a few responsibilities with air traffic control before the jump. Maybe the illegal thing might make it more of a thrill, but the chance for bad press for the sport goes way up. Besides, i'd rather jump without loooking over my shoulder for the sky cops the whole time.

[321seeya 0]

What are the restrictions around jumping from a plane?...Lets see....
Sec. 105.25 Parachute operations in designated airspace


(a) No person may conduct a parachute operation, and no pilot in command of an aircraft may allow a parachute operation to be conducted from that aircraft--


(1) Over or within a restricted area or prohibited area unless the controlling agency of the area concerned has authorized that parachute operation;

(2) Within or into a Class A, B, C, D airspace area
without, or in violation of the requirements of, an air traffic control authorization issued under this section;

(3) Except as provided in paragraph (c) and (d) of this section, within or into Class E or G airspace area unless the air traffic control facility having jurisdiction over the airspace at the first intended exit altitude is notified of the parachute operation no earlier than 24 hours before or no later than 1 hour before the parachute operation begins.

(b) Each request for a parachute operation authorization or notification required under this section must be submitted to the air traffic control facility having jurisdiction over the airspace at the first intended exit altitude and must include the information prescribed by Sec. 105.15(a) of this part.

(c) For the purposes of paragraph (a)(3) of this section, air traffic control facilities may accept a written notification from an organization that conducts parachute operations and lists the scheduled series of parachute operations to be conducted over a stated period of time not longer than 12 calendar months. The notification must contain the information prescribed by Sec. 105.15(a) of this part, identify the responsible persons associated with that parachute operation, and be submitted at least 15 days, but not more than 30 days, before the parachute operation begins. The FAA may revoke the acceptance of the notification for any failure of the organization conducting the parachute operations to comply with its requirements.

(d) Paragraph (a)(3) of this section does not apply to a parachute operation conducted by a member of an Armed Force within a restricted area that extends upward from the surface when that area is under the control of an Armed Force.

Sec. 105.21 Parachute operations over or into a congested area or an open-air assembly of persons


(a) No person may conduct a parachute operation, and no pilot in command of an aircraft may allow a parachute operation to be conducted from that aircraft, over or into a congested area of a city, town, or or settlement, or an open-air assembly of persons unless a certificate of authorization for that parachute operation has been issued under this section. However, a parachutist may drift over a congested area or an open-air assembly of persons with a fully deployed and properly functioning parachute if that parachutist is at a sufficient altitude to avoid creating a hazard to persons or property on the surface.

(b) An application for a certificate of authorization issued under this section must--


(1) Be made in the form and manner prescribed by the Administrator, and

(2) Contain the information required in Sec. 105.15(a) of this part.

(c) Each holder of, and each person named as a participant in a certificate of authorization issued under this section must comply with all requirements contained in the certificate of authorization.

(d) Each holder of a certificate of authorization issued under this section must present that certificate for inspection upon the request of the Administrator, or any Federal, State, or local official.


Note: However, a parachutist may drift over a congested area or an open-air assembly of persons with a fully deployed and properly functioning parachute if that parachutist is at a sufficient altitude to avoid creating a hazard to persons or property on the surface.

That could be the loop hole, if you got out in open airspace.

Just a tid bit.

BASE 3:16 - Even if you are about to land on a cop - DONT FORGET TO FLARE!
Free the soul -- DJ

[trigger 0]

I'd think the trick would be not to get caught!But why would anyone want to make an illegal skydive?Just for the badness of it,sort of like making an illegal base jump!or how some films[movies]have portrayed,the badness of getting away with something else.

.CHOP WOOD COLLECT WATER.

[Nutz 0]

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I think you can get fined by the FAA, and jailed by the police for tresspassing. Not sure, but why not do it legally. I've jumped a lot of places, including my neighborhood. Usually you need to file a Notam with the FAA, get landing permission from the property owners where you'll land, and the pilot has a few responsibilities with air traffic control before the jump. Maybe the illegal thing might make it more of a thrill, but the chance for bad press for the sport goes way up. Besides, i'd rather jump without loooking over my shoulder for the sky cops the whole time.

I understand all that and by mentioning it here I have given up all hope of actually doing it until I get the rating (PRO) or at least a d license and a PRO rated buddy who will do it for free. All these nice days with no wind are driving me crazy. And there is this field behind my house that would be just perfect for landing in. C'mon Saturday!

[Nutz 0]

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Note: However, a parachutist may drift over a congested area or an open-air assembly of persons with a fully deployed and properly functioning parachute if that parachutist is at a sufficient altitude to avoid creating a hazard to persons or property on the surface.

That could be the loop hole, if you got out in open airspace.

Just a tid bit.

Hmmmmmm - the dz is 50 miles away and there is an international airport between here and there. Maybe if we turn off the gps and ignore atc, it might work.

[usedtajump 1]

Some munincapalities even have a law against illegal skydiving. If nothing else the police could bust you for reckless endangerment, creating a puplic nussance or whatever else they wanted to get creative with.

The older I get the less I care who I piss off.

[TheMonkey 0]

two words: emergency bailout

---------------------
Never argue with an idiot, they will drag you down to their level and beat you with experience!

[JohnRich 4]

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Say I can find a pilot crazy enough to let me jump out of his airplane, what are they going to do to me?

I haven't looked at the FARS lately, but it is my general understanding that if you are in uncontrolled airspace, and not over a congested area, and not trespassing when you land, then it's perfectly legal.

I once jumped into a public park in a wide open area. Controlled airspace overhung the area at 3,000' and above, so we did hop n' pops from 2,500'. Thus, we were not required to file any advance paperwork, to my knowledge. (The pilot was to handle that, if necessary.) Since the park was for the public, it wasn't trespassing when we landed. There's nothing that dictates *how* you must arrive at the public park.

The only thing we did was wait for a police car to leave. Cops are trained to arrest people who are doing things that stand out or are unusual. They wouldn't know aviation law, and are liable to arrest you just because you did something outrageious (to them). That's the danger - their ignorance of this kind of law, which could lead to a lot of hassle.

I recall a case many years ago where someone jumped into Disneyland, and Mickey Mouse sued him for trespassing. However, the clever jumper had purchased a ticket before the jump and carried it with him, thus, he was found innocent of trespassing - he paid to be there! They can still go after you for something like reckless endangerment, or some such charge.

I ain't no aviation lawyer, so ask around before you take my advice...

[johnny1488 1]

I was talking with my s+ta about this the other weekend. He basicly said if your not over congested airspace or an open assembly of people, and you file a notam, you can pretty much do whatever. He said its a good idea to notify the police beforehand so they dont fly off the handle when they get calls. He also said if the authorities decide to look into the jump there is a lot that could go wrong after the fact. One example he used is if you take the door off a cessna, you need a special certificate for that. If thats what you did and they find out, hello shits creek.

Also had a bit to do with compensating the pilot if he's not commercially rated.

This is an extreme over-simplification, but it seems a bit more do-able after talking with him.

Johnny
--"This ain't no book club, we're all gonna die!"
Mike Rome

[billvon 2,400]

Mike Sergio did a bandit jump into Shea Stadium during the World Series one year. He was arrested; they never found the pilot.

[schattenjaeger 0]

*puts that on his list of things to do before dying*

[wallygator 0]

Quote

two words: emergency bailout

what he said
Jah guide and protect

--------------------------------------------------
who Jah bless Let no man curse.

[towerrat 0]

I think, among other things they can charge you with aerial delivery.I'm not sure exactly what that entails but I'm sure it can't be good.-------

Play stupid games, win stupid prizes!

[Caseadilla 0]

Move to the country, then you can jump onto your own land. You could even dig your own swoop pond

[JohnRich 4]

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I think, among other things they can charge you with aerial delivery.

That "aerial delivery" is a charge used by the National Park Service in places like Yellowstone. I don't believe it applies anywhere outside National Parks.

That rule was originally created to stop bandit miners in remote regions from being resupplied by air. It goes without saying that this is a ridiculous concept to apply against skydivers, but we're talking about the government - and they often apply laws in ridiculous ways to punish people.

[bch7773 0]

This is how I think it goes: To make a jump totally legally into a non-DZ, you need your D and a PRO rating, and you have to get permission for where you are landing. You also have to file a NOTAM and the pilot has to radio in what he's doing.

I believe that if the USPA found out what you did and had proof (like a police report) they can bar you from membership and licenses from them... which sometimes you need.
As for your pilot friend, I think that if they caught him, the FAA could tear up his license and not allow him to get another.
And I think the cops could give you a fine for public endangerment or some bs.

That all being said... the chances of you getting caught would be pretty slim. If a cop catches you landing, you could probably tell him that you have permission from the landowner, Mr. Smith, and you filed all the necessary paperwork the other day. Tell him to call up the FAA right now if he doesn't believe you , since I don't think a normal cop would call your bluff.

MB 3528, RB 1182

[Caseadilla 0]

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To make a jump totally legally into a non-DZ, you need your D and a PRO rating,

You would only need a pro rating if you were jumping into a stadium.

[tombuch 0]

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This is how I think it goes: To make a jump totally legally into a non-DZ, you need your D and a PRO rating,

Wrong. You need to comply with the FAR's. USPA requirements have nothing to do with legal requirements. Most of the advice given so far has been pretty much correct, but the statement above is totally wrong.

I strongly suggest you speak with your local S&TA and your jump pilot. They can review the location and your qualifications, and will offer a more specific assessment than you will find here.

If the intended landing area is outside controlled airspace and not a congested area, and you have solid canopy control skills, it should be easy to arrange, but you will need help from a pilot to file the paperwork.

Tom Buchanan
S&TA
USPA Pro Rated
Commercial Pilot
Author JUMP! Skydiving Made Fun and Easy

Tom Buchanan
Instructor Emeritus
Comm Pilot MSEL,G
Author: JUMP! Skydiving Made Fun and Easy

[jerm 0]

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*puts that on his list of things to do before dying*

careful.... the stunt got skydiving demos banned from major league baseball for a decade or so... pissed a LOT of people off.

Landing without injury is not necessarily evidence that you didn't fuck up... it just means you got away with it this time

[schattenjaeger 0]

hmm, ok...how about like a soccer game then? Nobody skydives into soccer stadiums so it won't be missed!

[happythoughts 0]

At zhills, there is a soccer game every Saturday in the rec park next to the dz. If you land off, you can land on the field.

The key is to check out the action on the drive to the dz. Sometimes there is a birthday party. Land near it and you get free cake and a soda.

Disclaimer - not that I advocate doing this really. That would be wrong.

[jerm 0]

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hmm, ok...how about like a soccer game then? Nobody skydives into soccer stadiums so it won't be missed!

landed in a soccer game after our snack-truck moved to the busier soccer-field venue....

er.. i mean after a bad spot

Landing without injury is not necessarily evidence that you didn't fuck up... it just means you got away with it this time