FAA new DUI policy
12-15-2009, 06:48 AM
#21
Prime Minister/Moderator
Joined APC: Jan 2006
Position: Engines Turn Or People Swim
Posts: 39,289
Originally Posted by Jay5150
Therefore: no DUI convictions. I get that, but to me they are treading into a shady legal area because they are in effect treating you as if you have a DUI on record, when technically, you do not.
The flip side to that is that all they can do to penalize you under admin law is to pull your tickets. For those few offenses which result in substantial penalties or jail time, they have to fall back on the FBI and the regular federal justice system...in which case all of the normal rules apply.
Bottom line: flying is a privilege, not a right and you don't get the same protections you would in other situations.
12-15-2009, 08:31 AM
#22
Gets Weekends Off
Joined APC: Jul 2008
Position: BE50C (A), BE95 (A), C172S (B)
Posts: 349
Originally Posted by Avroman
True, so what will it take to get texting/calling while driving banned in the same manner. Texting while driving is just as detrimental as a .14 BAC.
The feds don't have the right to regulate texting while driving on a nationwide level. I guess you could make an argument about interstate highways and commerce...hmm...
12-15-2009, 12:15 PM
#23
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Joined APC: May 2007
Position: 330 FO
Posts: 584
Originally Posted by rickair7777
That is exactly what they are doing, but there is nothing shady about it really. FAR's are administrative law, which is not held to the same standards as criminal or civil law. The FAA can get away with things which would get them laughed out of a real courtroom.
The flip side to that is that all they can do to penalize you under admin law is to pull your tickets. For those few offenses which result in substantial penalties or jail time, they have to fall back on the FBI and the regular federal justice system...in which case all of the normal rules apply.
Bottom line: flying is a privilege, not a right and you don't get the same protections you would in other situations.
The flip side to that is that all they can do to penalize you under admin law is to pull your tickets. For those few offenses which result in substantial penalties or jail time, they have to fall back on the FBI and the regular federal justice system...in which case all of the normal rules apply.
Bottom line: flying is a privilege, not a right and you don't get the same protections you would in other situations.
Good explanation, thanks
12-16-2009, 09:45 AM
#24
Gets Weekends Off
Joined APC: Nov 2006
Posts: 260
According to the FAA website nothing has changed. Can someone point me in the right direction as to where the specifics of the changes are spelled out. This applies to several professional pilots that I know who have had past convictions, all more than ten years ago.
12-16-2009, 12:46 PM
#25
Prime Minister/Moderator
Joined APC: Jan 2006
Position: Engines Turn Or People Swim
Posts: 39,289
Originally Posted by Quagmire
According to the FAA website nothing has changed. Can someone point me in the right direction as to where the specifics of the changes are spelled out. This applies to several professional pilots that I know who have had past convictions, all more than ten years ago.
On the new medical form you have to report convictions and arrests. This means there folks who had an arrest in the past which did not result in conviction will now have to report it. Presumably it won't be a big deal if it was a one time thing and happened a long time ago.
12-16-2009, 05:24 PM
#26
Line Holder
Joined APC: Jul 2009
Position: B-737
Posts: 62
Originally Posted by rickair7777
On the old medical form you only had to report convictions for DUI, or other admin actions.
On the new medical form you have to report convictions and arrests. This means there folks who had an arrest in the past which did not result in conviction will now have to report it. Presumably it won't be a big deal if it was a one time thing and happened a long time ago.
On the new medical form you have to report convictions and arrests. This means there folks who had an arrest in the past which did not result in conviction will now have to report it. Presumably it won't be a big deal if it was a one time thing and happened a long time ago.
12-16-2009, 06:04 PM
#28
Prime Minister/Moderator
Joined APC: Jan 2006
Position: Engines Turn Or People Swim
Posts: 39,289
Originally Posted by CALTanker
ALSO, if someone had a conviction in the past and DID NOT report it, they could be subject to certificate action.
01-09-2010, 01:01 PM
#29
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Joined APC: Apr 2009
Position: Courtroom
Posts: 177
Originally Posted by acl65pilot
Best advice I can give you is, if you have a problem and deep down know that you do, go see the support and help of your airlines HIMS program. I think that almost every 121 airline has one. Some are "better" than others, but in the end they will get you the help that you need, and allow you to return to your job. FWIW, Netjets has one too and it is a really good program.
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