Shoreline Photo Pass
Ken is a private pilot in a Cessna 172, flying at 650 ft AGL along a lake shoreline to photograph a friend's cottage. The shoreline has about 20 cottages spread over 1 NM, and there are people on a dock. Ken sees a floatplane at 600 ft AGL converging from his right. He wants to descend to 300 ft AGL to get a closer shot of the dock and the cottage. The area is outside any control zone, and visibility is 10 SM. Ken has a passenger who is urging him to get lower for the shot. Ken has not reviewed the right-of-way rules since ground school. The floatplane is not transmitting on the radio; both aircraft are aeroplanes.
1. Is the planned descent to 300 ft AGL legal? Explain the minimum altitude rule and any exceptions.
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The descent to 300 ft AGL is not legal. Outside a built-up area, the CARs prohibit flying below 500 ft AGL or within 500 ft of any person, vessel, vehicle or structure. At 300 ft over a dock with people and cottages, Ken would violate both the height and horizontal-distance limits. The only common exceptions are takeoff and landing at an aerodrome, or where a special authorization applies. A photo request is not an exception. If the cottage strip is a built-up area, the rule is even stricter: 1,000 ft above the highest obstacle within a 2,000 ft radius. Ken should stay at least 500 ft above the surface and 500 ft away from the dock, people and buildings, or abandon the low pass.
2. Who has the right-of-way between Ken and the floatplane, and what should Ken do?
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The floatplane is converging from Ken's right. Under the right-of-way rules, when two aircraft of the same category converge, the aircraft on the right has the right-of-way. Both are aeroplanes, so Ken must give way. He should not turn left across the floatplane's path or descend under it. The safe action is to alter course to the right and pass behind the floatplane, or climb and turn away, while keeping the other aircraft in sight. The passenger's urging to get lower is irrelevant. Ken should also remember that the floatplane may not see him, especially against the shoreline.
3. How would the analysis change if the cottage strip were considered a built-up area?
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If the strip is a built-up area, the minimum altitude becomes 1,000 ft above the highest obstacle within a 2,000 ft radius, not 500 ft. That would make both 650 ft and 300 ft illegal. Ken would need to climb well above the cottages and stay clear of the area before descending elsewhere. The classification depends on whether the cluster is a populated area, not just on the number of buildings. When in doubt, treat it as built-up and use the higher limit. The right-of-way answer does not change: the aircraft on the right still has priority.