One Nebraska pilot-turned lawmaker is intent on changing the way fines are levied for pesticide drift. Nebraska State Senator Bob Krist (Omaha) recently introduced legislation in the Nebraska Unicameral Legislature that would allow only the company to be fined for aerial pesticide spraying violations, rather than both the company and pilot, as is allowed currently under Nebraska state law.
The Nebraska Department of Agriculture Manager of Pesticide Programs, Tim Creger, stated he was not sure why the issue had “drawn Krist’s concern.” Creger stated the Department of Ag levies few fines annually and the maximum state penalty for one violation is $5,000. He added the Agency’s goal was compliance rather than punishment, but that he had received numerous complaints indicating negligent pesticide companies should be fined more.
Brian Wilcox, Nebraska Aviation Trades Association (NATA) President, testified against the bill at a hearing last week at the Nebraska state capitol. Wilcox stated safety was a priority and both pilots and companies should be fined in order to highlight it.
The legislation also would change how violations would be investigated, giving the Department of Aeronautics jurisdiction vs. the Department of Agriculture. Sen. Krist stated shifting authority to the FAA would allow aerial pesticide violations to affect a pilot’s license, as FAA violations follow a pilot across the U.S., while Department of Ag violations do not. The FAA already has authority to regulate materials dispensed from an agricultural aircraft per CFR 14 Federal Aviation Regulations Part 137.37 and 137.39.
