Recently, I was engaged to represent an airman where there was less than optimal separation between his aircraft during landing and the aircraft in front of him, which had previously
landed. This prompted me to review 14 C.F.R. §91.113(g) forbidding a landing aircraft from “forc[ing] an aircraft off the runway surface which has already landed and is attempting to make way for an aircraft on final approach…” As I pondered the matter before me, after practicing law for nearly 50 years, I can never recall one time where the FAA prosecuted and prevailed in an action alleging a pilot forced a previous aircraft off a runway in violation of 14 C.F.R. §91.113(g). It is true that this is a fairly obscure and limited area of the law. Consequently, this article may not be of broad interest. Nevertheless, because of the unique issues, I thought my findings might be of interest.