Narrative:

On the day of this flight, I was flying lead in a 2-SHIP formation flight, briefed by me on the ground before flight. I flew carefully in fingertip formation flight on both of my #2 wings, and in trail and route formation for a while. Then, prior to the 4 turns over the avocado farms east of fallbrook, which apparently offended 'mr. Rogers', my #2 returned to my wing and maintained position until we tightened up the turns and then he moved to a trail position. We were in constant radio communication. I did not see a problem. However, a 'mr. Rogers' 'airline pilot' on the ground (with binoculars) asked me to confess to violating 'all kinds of FARS,' eventually including; 1) 'flying formation in an area with people around' -- which I did, as yet I know of no far violated. 2) 'making turns of up to 45 degrees of bank' -- which I did, in formation yet, and I know of no far violated. 3) 'flying close to the ground' -- first stated as 50 ft, then 250 ft and then 300 ft based on his supposed alignment with trees in some neighbor's yard. With the varying terrain in the area, the closest I got to the tops of the avocado planted ridges was 800 ft AGL. The neartest 'populated area' was 5 mi to fallbrook (or technically I know that nearby 4 lane highway 15 is considered populated). Over both the freeway and fallbrook I was never under 1500 ft AGL. This was all confirmed by the pilot flying my #2 position. 'Mr. Rogers' voiced skepticism of our having briefed before flight and then made some strange comments: 'you should know better than to do such antics over people's houses, you could lose an engine and land on our house.' 'I moved away from airports to get away from such antics and to enjoy my sunday afternoons without such antics.' when asked which far prohibited formation flying or turns of up to 45 degrees of bank, he told me that certainly '(I) knew them...,' and then he made some disparaging remark about how I got a license. I do not know an airline pilot who turns 45 degrees of bank or flies VFR formation in farm country, but I also do not know airline pilots who do not check the FARS before screaming accusations into the phone. I found 'mr. Rogers'' tone offensive and officuous but kept my temper. I am still angry at the concept of a former airline pilot looking through binoculars and trying to judge altitude where there is not other nearby traffic pattern reference. The more so with the nonstandard shapes and sizes involved in small aircraft aircraft (I do recognize that the unusual sound of these pusher aircraft makes us very conspicuous) the more so because I know I was above 800 ft in farm country. Nevertheless, as FAA investigators are as likely to trust someone on the ground over 2 in the air, I am filing this report.

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Original NASA ASRS Text

Title: FORMATION FLT OF 2 SMA'S ACCUSED OF LOW FLT BY GND OBSERVER.

Narrative: ON THE DAY OF THIS FLT, I WAS FLYING LEAD IN A 2-SHIP FORMATION FLT, BRIEFED BY ME ON THE GND BEFORE FLT. I FLEW CAREFULLY IN FINGERTIP FORMATION FLT ON BOTH OF MY #2 WINGS, AND IN TRAIL AND RTE FORMATION FOR A WHILE. THEN, PRIOR TO THE 4 TURNS OVER THE AVOCADO FARMS E OF FALLBROOK, WHICH APPARENTLY OFFENDED 'MR. ROGERS', MY #2 RETURNED TO MY WING AND MAINTAINED POS UNTIL WE TIGHTENED UP THE TURNS AND THEN HE MOVED TO A TRAIL POS. WE WERE IN CONSTANT RADIO COM. I DID NOT SEE A PROB. HOWEVER, A 'MR. ROGERS' 'AIRLINE PLT' ON THE GND (WITH BINOCULARS) ASKED ME TO CONFESS TO VIOLATING 'ALL KINDS OF FARS,' EVENTUALLY INCLUDING; 1) 'FLYING FORMATION IN AN AREA WITH PEOPLE AROUND' -- WHICH I DID, AS YET I KNOW OF NO FAR VIOLATED. 2) 'MAKING TURNS OF UP TO 45 DEGS OF BANK' -- WHICH I DID, IN FORMATION YET, AND I KNOW OF NO FAR VIOLATED. 3) 'FLYING CLOSE TO THE GND' -- FIRST STATED AS 50 FT, THEN 250 FT AND THEN 300 FT BASED ON HIS SUPPOSED ALIGNMENT WITH TREES IN SOME NEIGHBOR'S YARD. WITH THE VARYING TERRAIN IN THE AREA, THE CLOSEST I GOT TO THE TOPS OF THE AVOCADO PLANTED RIDGES WAS 800 FT AGL. THE NEARTEST 'POPULATED AREA' WAS 5 MI TO FALLBROOK (OR TECHNICALLY I KNOW THAT NEARBY 4 LANE HWY 15 IS CONSIDERED POPULATED). OVER BOTH THE FREEWAY AND FALLBROOK I WAS NEVER UNDER 1500 FT AGL. THIS WAS ALL CONFIRMED BY THE PLT FLYING MY #2 POS. 'MR. ROGERS' VOICED SKEPTICISM OF OUR HAVING BRIEFED BEFORE FLT AND THEN MADE SOME STRANGE COMMENTS: 'YOU SHOULD KNOW BETTER THAN TO DO SUCH ANTICS OVER PEOPLE'S HOUSES, YOU COULD LOSE AN ENG AND LAND ON OUR HOUSE.' 'I MOVED AWAY FROM ARPTS TO GET AWAY FROM SUCH ANTICS AND TO ENJOY MY SUNDAY AFTERNOONS WITHOUT SUCH ANTICS.' WHEN ASKED WHICH FAR PROHIBITED FORMATION FLYING OR TURNS OF UP TO 45 DEGS OF BANK, HE TOLD ME THAT CERTAINLY '(I) KNEW THEM...,' AND THEN HE MADE SOME DISPARAGING REMARK ABOUT HOW I GOT A LICENSE. I DO NOT KNOW AN AIRLINE PLT WHO TURNS 45 DEGS OF BANK OR FLIES VFR FORMATION IN FARM COUNTRY, BUT I ALSO DO NOT KNOW AIRLINE PLTS WHO DO NOT CHK THE FARS BEFORE SCREAMING ACCUSATIONS INTO THE PHONE. I FOUND 'MR. ROGERS'' TONE OFFENSIVE AND OFFICUOUS BUT KEPT MY TEMPER. I AM STILL ANGRY AT THE CONCEPT OF A FORMER AIRLINE PLT LOOKING THROUGH BINOCULARS AND TRYING TO JUDGE ALT WHERE THERE IS NOT OTHER NEARBY TFC PATTERN REF. THE MORE SO WITH THE NONSTANDARD SHAPES AND SIZES INVOLVED IN SMA ACFT (I DO RECOGNIZE THAT THE UNUSUAL SOUND OF THESE PUSHER ACFT MAKES US VERY CONSPICUOUS) THE MORE SO BECAUSE I KNOW I WAS ABOVE 800 FT IN FARM COUNTRY. NEVERTHELESS, AS FAA INVESTIGATORS ARE AS LIKELY TO TRUST SOMEONE ON THE GND OVER 2 IN THE AIR, I AM FILING THIS RPT.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.