AOPA Pilot Magazine - June 2015 - 102

NEWS & NOTES
PRODUCTS AND SERVICES

PRODUCTS AND SERVICES

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BY MIKE YODICE

Hand propping

AOPA Pilot
Protection Services

A legal primer
THERE IS NO SPECIFIC FAA REGULATION that applies to hand
propping an airplane, either to prohibit it or direct how it
is to be done. It's an action that can be accomplished safely.
For many of us who operate airplanes without starters, it is
commonplace and, of course, necessary in order to go flying.
The FAA contends that hand propping is a two-person operation and has expressed this view in the Airplane
Flying Handbook (FAA-H-8083-3A) under the section titled
"Hand propping." This publication is not regulatory, but the
NTSB was surely influenced by it in a 1983 legal decision. In
that case, the FAA sought to suspend a pilot's certificate for
being careless or reckless when, while attempting to start a
Vari-Eze Experimental aircraft, it "got away" and ran into a
parked aircraft. At the initial hearing, the NTSB administrative law judge ruled in favor of the FAA and ordered a 40-day
suspension of the pilot's certificate. The pilot appealed the
judge's decision to the full board.
The pilot testified that he was having trouble starting the
engine because it was flooded. He sought the assistance of a
nonpilot companion, who was instructed to reach inside the
cockpit and pull the throttle back when the engine started
(yes, the throttle was in the full open position). Well, the
engine started, the companion failed to close the throttle,
and the airplane indeed "got away." The NTSB affirmed

the administrative law judge's finding that there had been
a 91.10 (now 91.13) violation. The board maintained that,
"The standard procedures set forth in the Federal Aviation
Administration's Flight Training Handbook provide that an
engine should never be hand-propped unless a qualified
individual is seated at the controls and the brake is set. In
addition, the Handbook urges that chocks be placed in front
of the main wheels and that if this is not possible, the airplane's tail should be securely tied down."
There have been at least two previously issued NTSB
decisions and one subsequent decision that refer to these
generally accepted procedures and precautions for hand
propping. The precedent has been set. So, hand proppers
beware; if you fail to follow proper precautions and the airplane gets away, the FAA might pursue action against you
for being careless or reckless.
Mike Yodice counsels Legal Services Plan/Pilot
Protection Services members on such issues as FAA
compliance and enforcement.

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102 | AOPA PILOT June 2015

ON THE

WEB

To learn more about AOPA
Pilot Protection Services, visit the
website (www.aopa.org/pps).

ARE YOU READY TO GO
ON VACATION?
NOT MUCH CAN TRUMP the
fun of flying GA to our holiday destination: We get
to do something we enjoy
and avoid standing barefoot in long TSA lines or
being held up in traffic on
that eight-hour drive to the
beach. But let's plan to stay out of the sometimes grim headlines that follow holiday weekends by reciting the Air Safety
Institute's Vacation Pilot Safety Announcement, a "ghastly"
rhyme and darkly humorous reminder of the various ills
that can befall the careless or unwary vacation flier (www.
airsafetyinstitute.org/psavacation). Make sure your name
isn't next on the list.

http://www.aopa.org/pps http://www.airsafetyinstitute.org/psavacation http://www.airsafetyinstitute.org/psavacation http://www.aopainsurance.org/life

AOPA Pilot Magazine - June 2015

Table of Contents for the Digital Edition of AOPA Pilot Magazine - June 2015