Backcountry Aviation Protection Act

Backcountry Aviation Protection Act

This bill directs the Federal Aviation Administration (FAA) to revise regulations to allow a properly qualified pilot operating an aircraft to conduct a go-around, an inspection pass, a practice approach, or a qualified instrument approach without regard to minimum safe altitude standards. Under current regulations, a person may not operate an aircraft below certain minimum safe altitudes except when necessary for takeoff or landing. The regulation does not include exceptions for situations such as a go-around (i.e., an aborted landing) or a practice approach.

Beginning one year after the bill's enactment, if the FAA has not published final regulations as required by the bill, the FAA may not take an enforcement action against a person related to a go-around, inspection pass, or practice approach.

Under the bill, the FAA has the burden of proof with respect to enforcement actions to prove each element of the offense and the inapplicability of each exception to the offense.