Phantom Flyer

Hey Twin Wasp:

First and foremost, a great avatar. I have over 1,000 hours in the "3" and it's derivatives and still love that bucket of bolts, especially the Super 3 !.

OK, to the question at hand. Yes, I'm very familiar with CHRC procedures and the vetting that has to be done for flight crewmembers. I see it every day.

I'll check my notes as I was quite involved with the Northwest pilot group (several were handed felony convictions) in the aborted State of Minnesota vs. Selected Northwest case. It's a very fine line and I'll ask for a 30 minute recess while I confer with counsel and try to find my notes.

Back later....G'Day Mate

PS- I do remember that one of the "sticky" legal points was the "type" of felony conviction. In the State of Minnesota vs. NWA pilots, the pilots were convicted of a state felony and a judge ruled that is NOT a disqualifying condition for termination as far as crew badging and SIDA access requirements go.

Twin Wasp

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.

Phantom Flyer

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

Fr8doggie

I hope you guys watch the "Ice Pilots" on tv. All about radial flying. Great show.

Phantom Flyer

Hey Skitz:

Just my thoughts on your situation.

Without going into a lot of detail, the TSA has nothing to do with the CHRC and eligibility to receive an airport SIDA badge. In fact, most crewmembers don't have a SIDA badge as they are not required for ramp access in performing your walk around duties, etc. All you need is your company ID card properly displayed, stay in the footprint of the aircraft or travel on a direct route from the aircraft footprint to maintenance or operations in the performance of your assigned duties.

As for Eagle, I'd be surprised if they disqualify as you do not have a felony conviction. The problem is that you are an "applicant" and as such, Eagle or any other employer can simply not hire you as there are hundreds of other applicants who are "clean" on their CHRC. I'm sure you're well qualified and I would hate to see you miss this opportunity.

I suggest you hire a lawyer. AOPA has a legal service that might be able to help but it probably would be quicker to hire an attorney who has an aviation background and understands the quirks of the FAA. I know it's expensive but you need to have this "record" expunged as quickly as possible so Eagle can hire you or you're eligible to be hired at another airline.

Just my two cents and best of luck to you Mate.

G'Day

buzzard125

They can move mountains when motivated.

buzzard125

Call your congressman.

Skitz

Hey guys, thanks for all the advice. Unfortunately I got the "thanks but no thanks" letter from Eagle after getting the conditional offer. Kinda bummed but not gonna beat myself up about it. In the process now of getting it expunged. I hope this can be a lesson to those in a similar situation. Just because a case was dropped, it can still come back to bite you! When in doubt, get it expunged!!!!