FAA Rules Need Updating, Officer Says : Police: Pooled helicopter fleet is now classified as commercial, adding to costs. That’s a threat to safety, Costa Mesa captain testifies to House panel.

Without changes in federal aviation laws, police departments throughout Orange County may be forced to pay more to operate their helicopter fleet, a Costa Mesa police captain testified last week in Washington.

Capt. David Brooks told members of the House Transportation and Infrastructure subcommittee on aviation that federal regulations on publicly owned and operated airplanes and helicopters may cost his city more and threaten public safety.

Fourteen municipal and county law enforcement agencies in Orange County pool their funds to operate a fleet of nine helicopters, called Airborne Law Enforcement Services. The Federal Aviation Administration interprets the operation as a commercial airline service. This designation requires that more stringent FAA safety requirements be met and that pilots and mechanics be certified similarly to chartered plane operators.

“By combining our operations, we can provide more coverage for the area,” Brooks said last week. “We now cover nearly half the county.” Brooks estimates that the requirements may cost an additional $150,000 because three new maintenance workers, who have chartered plane experience, must be hired.

Operators of private helicopter and airplane services said the publicly run services should meet the same stringent standards and argued that the lax restrictions and tax-free status make law enforcement agencies unfair economic competition.

The stricter FAA standards were inserted into a transportation bill in the 103rd Congress. Sen. Larry Pressler (R-S.D.) was motivated to add the restrictions because of a public aircraft accident that killed South Dakota Gov. George S. Mickelson in 1993.

Rep. Jay C. Kim (R-Diamond Bar), who is a member of the aviation subcommittee, questioned the panel of law enforcement representatives about the exemption from FAA safety requirements and the unfair advantage that it gives government agencies over private companies.

A number of police departments throughout the country use surplus military aircraft instead of purchasing new equipment. This exempts them from getting standard FAA certification, unless the planes and helicopters are classified for commercial use.

Brooks said that he does not mind being regulated by the FAA, but some of the agency’s demands are not realistic.

“We can carry the chain saws to the scene of a fire, but we can’t carry the fuel to operate them,” he said.

Rep. Dana Rohrabacher (R-Huntington Beach) said police and sheriff’s departments should not be punished by the federal government for using cost-saving measures. He is not a member of the committee, but he submitted testimony in support of Orange County law enforcement agencies.

“We certainly shouldn’t be penalizing municipalities coordinating with other localities to provide police air operations,” he said in prepared testimony. “Federal government intrusion has made it more difficult for local governments to protect their citizens.”