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Courts rule Nuisance is a State Matter
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Mass Nuisance Lawsuit Settled
 

Box Waivers

At this time, a waiver is required to perform aerobatics only if FAR 91.303 will be violated. Applications for a waiver and the establishment of an aerobatic practice box appear to be routinely approved. The local communities have not as a rule been either informed nor asked for permission.

To make matters worse, aerobatics is permitted by default anywhere it would not result in a violation of FAR 91.393. This means that in many places a pilot may freely perform aerobatics whenever and for however long he chooses without permission from either the FAA or the property owners below.

We believe that aerobatics should be prohibited by default. In order to perform aerobatics one should have to first obtain a waiver for a practice box. The waiver should not be issued unless, in addition to all of the necessary safety considerations, there is 100% approval by all of the affected property owners below. The pilots don't like this idea. They say that if that were the case, then they would not be able to find a place to play. Such a statement is nothing more than an acknowledgement that they currently knowingly operate where they are not welcome.

FAA not only does not publish applications currently pending approval, they do not even publish approved waivers. Even other pilots have concerns about this. The existence of these boxes is not published or charted. Non-participating pilots do not know where the boxes are. Recently, perhaps in response to a midair collision between a plane performing aerobatics and another transiting the box, FAA has started to add a provision to waivers requiring the waiver holder to notify the FAA in advance of using the box so that a NOTAM can be issued to warn other pilots of the activity in the area. While this is good as far as it goes, we ask "Why does FAA hide this information?" All current aerobatic boxes should be posted on the FAA web site for all to see. Even then the pilots operating outside of waivered boxes still pose a real and serious threat. This is another reason why all aerobatics should take place only inside waivered boxes.

We are in the process of collecting waivers. View our list of active waivered practice boxes.