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Wednesday, June 19, 2024 | Back issues
Courthouse News Service Courthouse News Service

Crop-Dusters Flew Too Low, 4th Circuit Rules

(CN) - Two farmers in West Virginia violated Federal Aviation Administration regulations by flying crop-dusting planes too low in a congested area, the 4th Circuit ruled.

The federal appeals court in Richmond, Va., upheld a finding that George Folk and his son, Timothy, flew too low over an intersection in Martinsburg, W.Va.

Neighbors complained, and the farmers were cited with violating FAA regulations.

The Folks argued that the area wasn't congested, and that FAA regulations are unconstitutionally vague, because they don't clearly define a "congested area."

But the court noted that an FAA inspector had warned that "two or three houses may be considered a congested area," so the farmers "had reason to believe" that the residential area near where they flew might be congested.

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