Osceola helicopter pilot charged with flying recklessly

[Tom22]

See story:

http://www.mynews13.com/content/news/cfnews13/news/article.html/content/news/articles/cfn/2016/8/5/osceola_deputies_arr.html

[r22butters]

Ha!

 

,...beat ya by 8 minutes!

[Dnr032]

Vorstman was charged with operating an aircraft recklessly

 

I would like to know, specifically, under what State or local statue the pilot was charged and what qualifications and training do the local deputies posses to make an assessment of 'operating an aircraft recklessly.' Anybody know Florida law on this?

 

I am not condoning the actions of this pilot. However, I thought that only the FAA could make an assessment and charge of careless and reckless operations.

[Dnr032]

Well...... Google answered my question. I guess Florida does specifically have a law about operating an aircraft in a careless and reckless manner:

 

860.13 Operation of aircraft while intoxicated or in careless or reckless manner; penalty.—

(1) It shall be unlawful for any person:

(a) To operate an aircraft in the air or on the ground or water while under the influence of:

1. Alcoholic beverages;

2. Any substance controlled under chapter 893;

3. Any chemical substance set forth in s. 877.111; or

To operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger the life or property of another.

(2) In any prosecution charging careless or reckless operation of aircraft in violation of this section, the court, in determining whether the operation was careless or reckless, shall consider the standards for safe operation of aircraft as prescribed by federal statutes or regulations governing aeronautics.

(3) Violation of this section shall constitute a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) It shall be the duty of any court in which there is a conviction for violation of this statute to report such conviction to the Federal Aviation Administration for its guidance and information with respect to the pilot’s certificate.

Learn something new every day......

[r22butters]

http://originalforum.justhelicopters.com/DisplayThread.asp?BD=2382118&Page=1&ForumID=23&msgid=2382118&OM=2382118#2382118

 

As usual these guys have much more entertaining views of the situation.

[avbug]

Vorstman was charged with operating an aircraft recklessly

 

I would like to know, specifically, under what State or local statue the pilot was charged and what qualifications and training do the local deputies posses to make an assessment of 'operating an aircraft recklessly.' Anybody know Florida law on this?

 

I am not condoning the actions of this pilot. However, I thought that only the FAA could make an assessment and charge of careless and reckless operations.

 

 

FAA enforcement action is against airmen for violation of FAA regulation. It does not supplant nor supercede enforcement of any other law or regulation by other agency. 14 CFR 91.13 does cover careless and reckless operation for the purposes of FAA regulation. One may be subject to other enforcement,and many airmen fail to realize that violations can include criminal penalties, as well.

 

In any event, when the pilot failed to follow a lawful order by a law enforcement officer, he became subject to both FAA action, and law enforcement action on a local level.

Edited August 8, 2016 by avbug

[Wally]

"In any event, when the pilot failed to follow a lawful order by a law enforcement officer, he became subject to both FAA action, and law enforcement action on a local level."

 

What lawful order are you referring to?

[Spike]

"In any event, when the pilot failed to follow a lawful order by a law enforcement officer, he became subject to both FAA action, and law enforcement action on a local level."

 

What lawful order are you referring to

 

 

I can only assume….

 

“Deputies made numerous attempts to get Vorstman to meet with them, but he would not turn off the aircraft and, for safety concerns, they were not able to approach him. Instead, Vorstman advised he could not exit and left in the helicopter with a group of passengers. Approximately 5 minutes later, Vorstman returned and, after finishing his safety checks and exiting the aircraft he met with deputies.”

 

The cops probably demanded to speak to him and he agreed but only when HE was ready to do so…… Bad decision….. And, while 5 minutes may not seem that long, it was 3 minutes longer than needed. On the surface, it appears Mr. Vorstman may have had a bad attitude towards the Po-po….. Again, bad decision…

[avbug]

14 CFR 61.3(I)(3):

 

 

§61.3 Requirement for certificates, ratings, and authorizations.

(l) Inspection of certificate. Each person who holds an airman certificate, medical certificate, authorization, or license required by this part must present it and their photo identification as described in paragraph (a)(2) of this section for inspection upon a request from:

(1) The Administrator;

(2) An authorized representative of the National Transportation Safety Board;

(3) Any Federal, State, or local law enforcement officer; or

(4) An authorized representative of the Transportation Security Administration.xxx

 

From a regulatory perspective insofar as FAA requirements, the pilot must present his photo ID and his pilot certificate and medical certificate upon request of a law enforcement officer. Refusing to do so, electing to take a flight with passengers instead of complying with a lawful order to stop, to present identification, and to follow the direction of law enforcement, placed the pilot in jeopardy of his certificate as well as statutes and laws not codified in the CFR.

 

While the regulation recognizes the right of law enforcement to inspect pilot certification documents, the law in a given jurisdiction allows a law enforcement officer to question or detail an individual in a boat, car, or aircraft, as well as on foot. Failure to comply with an order from law enforcement may result in consequences that range from administrative enforcement to criminal charges.

Edited August 9, 2016 by avbug

[Bonzo828]

And it's a Felony.... Just not real smart decision making. Not sure how strict the court system is there, but it's probably going to get pled down to a misdemeanor. He'll have to go to some class and pay a court fine etc...

[Nearly Retired]

Apparently they don't shut down between trips at that operation, and there was another group of pax waiting to go when the pilot landed after the departure in question. If I were a pilot in a running helicopter (i.e. in the middle of a flight) and a cop "wanted to talk" to me, then I wouldn't shut down either until my flight was complete. The cop was correct in not approaching the helicopter during its flight due to safety concerns. He was correct in waiting until the flight was over and the aircraft shut down. The pilot didn't "resist arrest," for he certainly was not under arrest at that time. He didn't flee the scene either. What's the problem here? An cop who got angry because a citizen didn't follow his direct orders during the performance of his job? What is this, Nazi Germany?

[Dnr032]

Deputies then responded to Orlando HeliTours, 5071 W. Irlo Bronson Memorial Highway, where the helicopter was registered. There, after speaking to a manager, they waited at the landing pad for the pilot, Thomas Vorstman, 31, to return.

 

So I guess my question is this, why didn't the manager come out and tell Vorstman to shut down the aircraft and meet with the deputies? Why did they send another group of passengers out, load them in the helicopter, and send him out on on another tour knowing 1) he may have been flying outside of their accepted operational procedures and 2) that there was an issue and the deputies wanted to speak with him.

 

Instead, the management of this operation, let the pilot complete another tour (ie make more money for the Operator) then completely threw him under the bus and fired him when he returned. I think that was a BS way for the company to have handled the situation and may have resulted in the additional resisting arrest charge. Either way, the dude is toast and needs a really good aviation attorney.

[Wally]

Deputies then responded to Orlando HeliTours, 5071 W. Irlo Bronson Memorial Highway, where the helicopter was registered. There, after speaking to a manager, they waited at the landing pad for the pilot, Thomas Vorstman, 31, to return.

 

So I guess my question is this, why didn't the manager come out and tell Vorstman to shut down the aircraft and meet with the deputies? Why did they send another group of passengers out, load them in the helicopter, and send him out on on another tour knowing 1) he may have been flying outside of their accepted operational procedures and 2) that there was an issue and the deputies wanted to speak with him.

 

Instead, the management of this operation, let the pilot complete another tour (ie make more money for the Operator) then completely threw him under the bus and fired him when he returned. I think that was a BS way for the company to have handled the situation and resulted in the additional resisting arrest charge. Either way, the dude is toast and needs a really good aviation attorney.

 

Exactly. There is a significant possibility of miscommunication at the helipad. What were the circumstances that "he refused to turn off the aircraft and exit in order to speak to deputies."? If that intention had been made clear to the tour operator I would expect a management presence at the pad to protect their interest and prevent a distracted pilot leaving with more potential lawsuits, if and when something bad happens.

The deputies then "waited at the landing pad for the pilot, Thomas Vorstman, 31, to return." sounds potentially casual and non-worrisome, not at all like a potential arrest.

Heavy load? Yeah, sure.

[Tom22]

The reporter and the deputies sure use ostensible and emotive language with the following statement:

 

“Deputies said the helicopter was flying so low, in fact, that had there been a semi-truck or other elevated vehicle on the road the helicopter would have collided with it.”

 

Nevertheless, the helicopter pictured does appear to be flying low pretty low – lower then the top of that palm tree.

[TomPPL]

Could he have been taking off / landing somewhere similar to the guy we saw last week here?:

http://helicopterforum.verticalreference.com/topic/19753-kind-of-a-wicked-landing-for-tours

[Wally]

Could he have been taking off / landing somewhere similar to the guy we saw last week here?:

http://helicopterforum.verticalreference.com/topic/19753-kind-of-a-wicked-landing-for-tours

Approximately a mile down the road...

[Pohi]

I certainly hope that there is more to the story than what was in that article. At first glance the author makes it sound like the pilot was cruising around 15 feet off the ground over the highway. If that photo is their "proof" then I'd say that they pilot was making an approach to land and whoever was in the yard that took the photo was grumpy about the helicopter operations in general.

 

Getting an exact height is pretty difficult with a picture, often times it appears much lower than it actually is.

 

I'd also guess the deputy kept getting denied entry into the departments aviation unit and was lashing out at helicopter pilots in general.

[RagMan]

Bad decisions all around.

Edited August 9, 2016 by RagMan

[Spike]

The pilot didn't "resist arrest," for he certainly was not under arrest at that time. He didn't flee the scene either. What's the problem here?

 

Not sure about FL, but in CA, there is a “delaying” element coupled with the “resisting” law.

 

148. (a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

 

The mere act of ignoring the lawful order constitutes resisting. Basically, if an officer believes a crime is afoot, he has the right to detain anyone associated with that crime. And, it’s not “detain” whenever the potential suspect feels like it. However, in today’s world, people don’t believe they need to follow cops orders.... At-all, regardless of the circumstances…..

 

In the end, when a cops says he needs to talk to you now, it's not a request..... Ignore that order in any form-or-fashion and you'll suffer the consequences.. Like Tom....

Edited August 9, 2016 by Spike

[adam32]

Maybe he thought the cop just wanted a tour?

 

Does a cop waving at a helicopter automatically mean he wants to detain the pilot? Or were they on a two-way in direct communication?

 

I see lots of holes in this story and a pilot that will most likely lose his career over a street cops opinion of an aircraft flying "recklessly"...

[Guest pokey]

seems like the typical 3 sided story,,,, his side, their side & then the truth. Must be something missing here. If the cop 1st talked to the owner of the company, why didn't the owner get on the radio and tell the pilot that the cops were there and shut down? (they do put radios in 44's no?) Just another cop story for the books, eh? At least the cop didn't shoot at him for running, like the outcome of way too many stories we see in the news these days.

[Spike]

"According to the arrest report, upon Vorstman landing his helicopter on the pad, he refused to turn off the aircraft and exit in order to speak to deputies. He instead informed deputies that he could not exit the helicopter, and took off again with a group of passengers."

 

Kinda sounds like he willfully ignored the deputy’s order. And, of course, as he had more important things to do; like a 5 minute tour….. Which led to his arrest and a night in jail and, no doubt, legal fees which he, as a former R44 tour pilot, can’t afford…..

 

While I completely agree there is more to this story, it’s a story you wouldn’t want to be a part of….. With that, when a cops says he wants to talk to you, I suggest you go talk with him. And, when you do talk with him, don’t say things like; I had a “heavy load”….

 

A professional will always operate in a manner which leaves no question in the mind of the casual observer…. Basically, I always fly in a way I can successfully defend in court…. If I can’t, I don’t…

Edited August 9, 2016 by Spike

[adam32]

Just because it says that in the arrest report doesn't mean that's what happened, I want to know how the cop was in contact with the pilot?

 

My grandpa overturned a traffic accident he was in strictly because the officer straight up lied in the report about what the witnesses saw. Lucky for us we knew both witnesses and they went to court and told the judge their actual account of the accident.

[avbug]

You go right ahead and bet your career on that.

 

Even if it's "overturned," it won't reflect well on you with future employers, most of whom ask "have you ever been arrested?"

 

The former R44 pilot can expect an FAA investigation as well, and quite possibly enforcement action.

 

Further, if the officer requested to see the pilot's credentials and the pilot elected to make a revenue flight instead, additional regulatory challenges may await him, on top of careless and reckless operation, and other violations.

[Spike]

Just because it says that in the arrest report doesn't mean that's what happened, I want to know how the cop was in contact with the pilot?

 

My grandpa overturned a traffic accident he was in strictly because the officer straight up lied in the report about what the witnesses saw. Lucky for us we knew both witnesses and they went to court and told the judge their actual account of the accident.

 

Therefore, you propose, a cop supposedly lied in your grandpa’s case, so therefore, all cops are liars…. Fortunately, or unfortunately depending which side you’re on, most US courts do not share your opinion….