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Old 06-03-2011, 07:12 PM
  #13  
Phantom Flyer
Snakes & Nape
 
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Joined APC: Nov 2006
Position: B-767 Captain
Posts: 775
Wink On Further Review !

Originally Posted by Twin Wasp View Post
Yeah, what would we do without lawyers?
DC-3S/R4D-8/C-117D are fun to fly but a pain to land in a crosswind.
Of all the aircraft I've ever flown, the crosswind limitation in the "3" was one that, if exceeded, would bite you in the arse every time !

Now to the question at hand. I review CHRC "reports" frequently for prospective flight crew employees and am very familiar with 14 CFR 107.207. This requirement, as you know, is federally mandated by the above reg and the TSA has nothing to do with this process. I can't understand why "Skitz" is having issues as, according to him, there was never a felony conviction.Without a conviction, there is no reason to deny SIDA access (barring other disqualifying events) per 107.207.

I don't want to get into the Northwest case as it was complicated; however, a judge did rule that a state tax felony conviction (none of the pilots actually went to court to my knowledge) did NOT meet the provisions of 14 CFR 121.207(d)(26)(v) and therefore the pilot could not be denied SIDA access. That opinion involved a pilot who chose not to go to trial but plead guilty and was fired by NWA. The firing was predicated on 107.207(d)(26) and was, in ALPA and my view, illegal.

Again, the FAA federal regulations and TSA policies are separate entities and, in the case of SIDA access, never the twain shall meet.

On a humorous note, I did see a hard charging TSA "Inspector" in IND, once tell a Captain, who did not have an IND airport SIDA badge, that he was not authorized to be on the ramp even to do a walk-around even though he was a working crew member with a company badge properly displayed. He was told that if he continued, the TSA Inspector would have him arrested and take his license. Fortunately for this jerk, a real airport cop showed up, pulled him aside, explained the regs to him and led him off the ramp.

Yes, what would we do without the lawyers !

G'Night Mates
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