Aircraft on highways - Section 187

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Aircraft on highways
Removal of aircraft from highway after emergency landing - 187.

(1) Where an aircraft has made an emergency landing on a highway, the pilot in command thereof, if he or she is physically capable, shall, as soon after landing as is reasonably possible, remove or cause it to be removed from the roadway. R.S.O. 1990, c. H.8, s. 187 (1).

Aircraft and movement along highway subject to Act

(2) Subject to subsection (3), no aircraft shall be driven or drawn along a highway unless the aircraft and the movement thereof comply with the provisions of this Act respecting vehicles and the movement thereof on a highway. R.S.O. 1990, c. H.8, s. 187 (2).

Aircraft take-off from highway

(3) Where an aircraft has landed on a highway because of an emergency related to the operation of the aircraft, the aircraft may take off from the highway provided,

(a) a licensed commercial pilot, not being the owner of the aircraft, who is qualified to fly that class and category of aircraft, and the pilot in command of the aircraft are both satisfied that the aircraft is airworthy and that there are no physical obstructions on or over the highway which would make such take-off unsafe;

(b) the pilot in command of the aircraft is satisfied that weather conditions are satisfactory for the purpose and that the minimum requirements are met under the visual flight rules established by the regulations made under the Aeronautics Act (Canada) or, if the flight is to be continued under instrument flight rules, that adequate arrangements can be made for obtaining a clearance from an air traffic control unit prior to entering instrument flight weather conditions;

(c) traffic control is provided by the appropriate police force; and

(d) the police force consents to the take-off. R.S.O. 1990, c. H.8, s. 187 (3).

Penalty

(4) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not more than $10,000. R.S.O. 1990, c. H.8, s. 187 (4).

No liability where good faith

(5) No proceeding for damages shall be instituted against a police force, police officer or pilot, for an act or an omission done or omitted to be done by it, him or her in respect of the subject-matter of subsection (3) where the force, officer or pilot was acting in good faith. R.S.O. 1990, c. H.8, s. 187 (5).