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Old 07-01-2009, 11:30 AM   #1 (permalink)
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Post FAR 61.153 (c)

The FAR requirement for the ATP says that a person must "Be of good moral character".

What exactly does this mean? I'm sure both my wife and my girlfriend would tell anybody who would listen that I am not of good moral character, but what does the FAA mean by this?

I have just read NTSB Order No. EA-4872, wherein an ATP who had been convicted of a sex crime and served time, and was a registered sex offender had his ATP revoked under this rule.

Do other felonies lead to revocation? How about violent or heinous crimes?

What does the TSA allow when badging for access to the airport area? What crimes would allow a pilot to keep his ATP, but be denied a TSA badge?

Joe
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Old 07-01-2009, 12:38 PM   #2 (permalink)
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It means whatever the FAA wants it to mean.

As a 747 Captain, you've checked "No" on TSA's list of the 20 or so things that'll keep you off an airport. I thought it was funny when that list appeared after Sept. 11. Someone asked the person at the badging office at DFW what sedition was and she couldn't say.
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Old 07-01-2009, 05:12 PM   #3 (permalink)
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Quote:
Originally Posted by Twin Wasp View Post
It means whatever the FAA wants it to mean.
Pretty much. There's a 1978 FAA Chief Counsel opinion that talks about criminal convictions:

==============================
A criminal conviction is not, in and of itself, grounds for denying a certificate on the basis of moral character. In determining whether a certificate may be issued, all relevant factors are considered. These include the nature of the felony for which the applicant was convicted, the number and frequency of the incidents involved, and the relationship of the incident or incidents to his responsibilities as a certificate holder. A conviction alone does not demonstrate a lack of capacity to display the required degree of care, judgement, and responsibility.
==============================

There are about a half-dozen NTSB cases I'm aware of on the subject. Most of them involve falsification of FAA records (like pilot and maintenance logs). There's one where the pilot "on account of various alleged misdeeds, including registering two aircraft and submitting a pre-application statement of intent to apply for an air carrier operating certificate under the name of a corporation that had not yet been incorporated in any state, falsifying a negotiable instrument by endorsing a check as president of that corporation, misuse of the bankruptcy process and embezzlement, fraudulent filing of federal tax returns and tax evasion, failure to disclose assets in a bankruptcy filing, misrepresentation of a material fact to a state tax technician, and drawing a check with insufficient funds." (http://www.ntsb.gov/alj/O_n_O/docs/AVIATION/4867.PDF) There's also one involving a registered sex offender (http://www.ntsb.gov/alj/O_n_O/docs/AVIATION/4872.PDF).

btw, the FAA doesn't always win: https://ntsb.gov/alj/O_n_O/docs/AVIATION/5020.PDF
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