ILLEGAL BAN ON FLIGHT SAFETY PROCEDURES 9/24/2026

The following statement was made to the Torrance City Council.


9/24/2026

Honorable Mayor and Members of the Torrance City Council:

My name is Jim Gates. I have been a pilot for 67 years and a Torrance Airport customer for 52 years.

The most common safety procedure in aviation is the one in which the pilot decides to abort a landing. This is an action by an aircraft consisting of an approach over the airport for a landing where the pilot intentionally does not make contact with the runway. Under Visual Flight Rules, this is known as a "go-around." Under Instrument Flight Rules, it is known as a "missed approach" and is a REQUIRED part of every instrument approach (FAA Order 8260.3 -- Reference 1). Federal Law (14 CFR 91.3) identifies the pilot in command as the final authority in making this decision.

From a pilot's very first flight lesson, they are taught that, if they have any concerns about making a safe landing, they should add power and execute the "go around" or "missed approach" procedure. Pilots are encouraged by the FAA to practice these safety procedures and pilots are tested on their ability to perform these procedures safely.

The Torrance Municipal Code (TMC--Reference 2) calls these procedures a "low approach" (TMC 51.5.4). The code also prohibits these critical safety procedures at Torrance Airport during evenings after 6 PM, on weekends and on city holidays (TMC 51.5.6 & 51.5.7). The Code also specifies banishment from the airport for 3 years as the penalty for "violations" of the Codes (TMC 51.5.7 through 51.5.11). City staff have repeatedly affirmed their plans to prosecute "violators." I received a violation notice for executing a missed approach on a weekend. (Reference 3).

Prior to the Council approving these restrictions, the FAA, four national aviation organizations, the Torrance Airport Association and many local pilots warned the City of Torrance that it had no authority to make these unsafe and illegal restrictions (References 4, 5, and 6). The regulation of aircraft flight operations rests solely with the FAA. Title 49 of the United States Code, section 40103(a)(1), states: "The US Government has exclusive sovereignty of airspace of the United States" (Reference 7). This means that any attempt by the City to regulate the airspace above the city or the airport has been preempted.

The city's illegal restrictions on the pilots' ability to abort an unsafe landing puts a huge liability target on the City of Torrance. The recent crash of the Amazon 767 in Miami (Reference 8) graphically shows what can happen if the pilot does not (or cannot) execute this procedure.

I call on the Torrance City Council to repeal all sections of the Torrance Municipal Code that are in conflict with the FAA's exclusive authority to regulate the airspace.

References:
1) TOA RNAV 29R
2) Torrance Municipal Code
3) First & Final Notice of Violation
4) Gates letter to P Sullivan 4/24/2020
5) AOPA e-mail to P Sullivan 9/8/2023
6) AOPA letter to P Sullivan 1/23/2024
7) 49-U.S.C.-40103
8) Overview of Amazon 767 Crash in Miami