The FAA is now encouraging Hawai‘i air tour operators to adopt these Safety Management Systems here while the agency works on a rule that would mandate these programs.
Another proposed regulation would require Hawai‘i air tour operators to meet certain requirements before receiving authorization to fly lower than 1,500 feet above ground level in bad weather. The new process provides detailed guidance here to help operators to develop safety plans to support their authorization requests. The proposed new process includes recommendations for pilot training and qualifications including aircraft equipment here. The FAA will thoroughly review each operator's safety plan before issuing an authorization.
On the one hand, these proposed rules seem to be a serious restart attempt by the FAA to address escalating air tour safety and community disruption concerns. It remains to be seen if the operators will comply with not just the letter by the spirit of these proposed initiatives and if the FAA will enforce them.
But even if they do, the concern is that the operators will just use the rules as an excuse to fly at lower altitudes claiming bad weather as opposed to not flying at all in bad weather. As this still does not face the end solution of strict compliance with all safety requirements and strict regulation of time, place and other conditions of operation to ensure safety both in the air and on the ground and to avoid community disruption.
Thank you for your continued partnership. Please contact Nestor Garcia (nestor.garcia@mail.house.gov) with any questions or needs.