## Facts

- Larry Collier held a commercial pilot certificate and flew a Cessna aircraft near a space-shuttle launch site.
- For the launch, restricted airspace was established, and pilots were required to remain outside it unless they had authorization.
- Collier flew into the restricted airspace without permission, and the incursion delayed the launch.
- The Federal Aviation Administration (FAA) had an unmarked aircraft monitoring the restricted area; it intercepted Collier and attempted to get his attention, but Collier did not respond.
- After the first interception, Collier exited the area.
- Collier later returned and entered the restricted airspace a second time, intending to videotape the launch.
- After Collier landed, authorities detained him.
- Collier explained that he had set his aircraft’s equipment incorrectly because of eyesight problems and believed he was outside the restricted airspace.
- Collier also stated that he did not recognize the unmarked aircraft during the first encounter and was rattled and confused by how close it flew to him.
- The FAA, acting through its Administrator Joseph M. Del Balzo, suspended Collier’s commercial pilot certificate for 180 days for unauthorized entry into restricted airspace.
- Collier appealed the suspension to the National Transportation Safety Board (NTSB), arguing that he did not intentionally enter the restricted airspace.

## Issues

1. Whether Collier violated federal aviation rules by entering restricted airspace around a space-shuttle launch without authorization, including by re-entering a second time.
2. Whether Collier’s claim of equipment-setting error, eyesight limitations, and confusion about the intercepting aircraft negated the violation or reduced his responsibility.
3. Whether a 180-day suspension was an appropriate sanction for Collier’s conduct under the circumstances.

## Decision

- The NTSB sustained the FAA’s determination that Collier made unauthorized entries into the launch-related restricted airspace.
- The NTSB rejected Collier’s argument that lack of intent excused the violations, given the responsibility of a certificated pilot to remain clear of restricted areas absent authorization.
- The NTSB upheld the FAA’s 180-day suspension as an appropriate sanction in light of the seriousness of the incursion and the second entry after the initial interception.

## Legal Principles

- Restricted airspace must not be entered without authorization; a pilot’s belief that he was outside the area does not excuse an entry when the record supports that the aircraft was inside the restricted airspace.
- A pilot is responsible for using available information and cockpit instruments in a manner that keeps the aircraft clear of restricted airspace; equipment-setting mistakes and visual limitations may be considered in evaluating fault but do not automatically eliminate liability.
- Returning to the same protected area after an initial interception attempt can be treated as an aggravating circumstance when evaluating culpability and sanction.
- In FAA certificate actions, the NTSB reviews whether the violation was proven on the record and whether the sanction is consistent with the safety purpose of the enforcement program.

## Conclusion

In *Del Balzo v. Collier*, the NTSB reviewed an FAA order suspending Larry Collier’s commercial pilot certificate for 180 days after he twice entered restricted airspace established for a space-shuttle launch without permission, delaying the launch; the NTSB sustained the violation findings and upheld the sanction, concluding that Collier’s claimed equipment-setting mistake, eyesight limitations, and confusion about the intercept did not excuse the unauthorized entries or warrant a lesser penalty.


Del Balzo v. Collier, 1993 WL 657778 (1993)