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Old 05-19-2021, 09:39 AM
  #8  
hvydvr
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Joined APC: Jan 2011
Position: Wind checker
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Originally Posted by Grumpyaviator View Post
Masks themselves are not federal law, they are a presidential (or state, local or corporate) mandate. Following “crew member instructions, lighted signs and placards” is not law but an FAA regulation. Failure to comply with masks, cell phones, etc., falls under the umbrella of that FAA regulation and warrants a fine of almost $14k per incident.

If you violate an FAR you’re fined and go through an appellate process without arrest. If you break a law you’re arrested, tried, and if convicted sentenced. If you violate an FAR there is no arrest, that’s why LE does not intervene unless it escalates to a disturbance or assault or something in their jurisdiction. I’ve experienced this numerous times recently, where LE did not take action after landing because an actual law was not violated. The additional problem with some carriers is open seating. Seat assignments can’t be used to ID passengers. When they walk off the plane and see LE won’t take action they won’t give the CSA their name to record the incident or prevent further boarding.

Similarly, it’s not against the law for an intoxicated passenger to board a plane, but it is an FAR violation if an air carrier knowingly boards or transports a passenger that appears intoxicated. That’s why LE will not take action against a drunk passenger unless there is some sort of public disturbance or assault. Only one time did LE arrest a drunk passenger on my flight, because the town we landed in had a public intoxication law and as soon as she deplaned she was breaking the law in their jurisdiction, as well as her drunk driving boyfriend who arrived to pick her up.
Semantics. From law.com:

regulationsn. rules and administrative codes issued by governmental agencies at all levels, municipal, county, state and federal. Although they are not laws, regulations have the force of law, since they are adopted under authority granted by statutes, and often include penalties for violations. One problem is that regulations are not generally included in volumes containing state statutes or federal laws but often must be obtained from the agency or located in volumes in law libraries and not widely distributed. The regulation-making process involves hearings, publication in governmental journals which supposedly give public notice, and adoption by the agency. The process is best known to industries and special interests concerned with the subject matter, but only occasionally to the general public. Federal regulations are adopted in the manner designated in the Administrative Procedure Act (A.P.A.) and states usually have similar procedures.

The FAA has exclusive executive authority to regulate aviation activities and proscribe regulations that accomplish that. Just because there is no jail time doesn’t lessen the ability of the FAA to regulate that activity either.
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