This year’s presidential election has been anything but predictable. With campaign schedules ramping up and candidates sprinting toward Election Day, business aviation operators should be mindful of pop-up temporary flight restrictions (TFRs) and regulations governing the carriage of candidates for elected office at the federal, state and local levels.
With the two main presidential candidates crisscrossing the nation in the coming weeks, “There’s a fluidity in this process that’s become common,” said NBAA Air Traffic Services Manager Dean Snell. “We’re seeing a lot of changes – especially with scheduled times – and additional stops posted at the last minute.”
“I cannot stress enough that last-minute check of flight impacts,” added Heidi Williams, NBAA senior director for Air Traffic Services and infrastructure. “A TFR may be posted, only to then change 10 minutes later – and again 10 minutes after that. The process is constantly in motion.”
TFRs may also pop up at locations far removed from airports, as candidates utilize ground transportation to travel to rally sites. Williams urged flight crews to check NOTAMs frequently, along with the FAA’s official TFR website at tfr.faa.gov.
“Be mindful of the resources you’re using and make sure they’re providing up-to-date information,” she added. “Refer to them often, as changes are abundant.”
There is good news, though. Most presidential candidate TFRs – even for the current vice president – are typically limited to between 5-7 nm and are open to most operations in two-way communication with ATC. “These TFRs usually don’t unduly affect business aviation as the bulk of our traffic operates under instrument flight rules,” Snell added. “Aircraft that are ‘squawking and talking’ can operate in these areas more or less unencumbered as long as they comply with ATC instructions.”
However, while a significant number of presidential TFRs aren’t expected in this election cycle, these can quickly constrain flight operations within a 30-nm radius and completely halt such flights within a 10-nm ring.
“I cannot stress enough that last-minute check of flight impacts. A TFR may be posted, only to then change 10 minutes later – and again 10 minutes after that. ”
HEIDI WILLIAMS, NBAA Senior Director for Air Traffic Services and Infrastructure
Transporting Candidates
Election campaigns also mean candidates utilizing business aviation for travel, requiring operators to comply fully with U.S. Federal Election Commission (FEC) regulations for transporting candidates for federal office.
NBAA recently published a white paper addressing FEC requirements, available to members at nbaa.org/fec. “Generally, elected federal officials are prohibited from using non-commercial aircraft,” the white paper says.
“Therefore, aircraft operators should limit providing air travel for Part 91.321 compensation to only federal campaign travelers, defined as individuals meeting the definition of a candidate and traveling in connection with an election for federal office,” says the NBAA resource.
Regarding privacy for business aviation operators, FEC regulations require campaigns to maintain and report records of the aircraft operator and the size, make, model and tail numbers of all aircraft used for candidate travel.
State and local candidates also use business aviation, and operators should refer to applicable regulations in those areas for appropriate cost reimbursement and other associated rules.
Review NBAA’s airspace resources at nbaa.org/airspace and air traffic resources at nbaa.org/ats.