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Old 02-16-2012 | 04:15 PM
  #21  
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Originally Posted by Al Czervik
Yes. Hopefully he will get help. Sounds like he needs it. Bummer there's not a program for whats wrong with you.
Now that's funny +1
Old 02-16-2012 | 04:40 PM
  #22  
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Originally Posted by USMCFLYR
Is there really some point to cross here when you are considered to have the intention to step foot on the aircraft?

It would seem to me that if he got dressed in his uniform, didn't mention his condition, rode in the hotel van to the airport, passed through security, and made it to the gate - - - all of those would count as an 'intention to step foot on the aircraft'.

I'm asking. Would it make a difference if security stopped rather than having made it through to the gate? Maybe the way I'm looking at it - 'intention to step onto the aircraft' was just a poor choice of words - in a legal sense in any matter.

USMCFLYR
Security won't stop you...there's no law against going through a TSA checkpoint drunk, even in uniform.

What they will do is discretely notify the cops...they WANT to pull you out of the airplane, otherwise they can't charge you with anything. Kind of like a drunk walking to parking lot is not a DUI.

There was a notable case of a drunk pilot who got stopped at the gate before boarding the plane. The cops tried to give him a sobriety test and he said on what grounds? They pondered this and realized that they had no grounds...yet.

They notified the company, who tried to fire the pilot. But that didn't stick either because he claimed that he had realized his condition and was planning on using the station phone to call in unfit. They couldn't disprove that, so they had to keep him (presumably got a no-show, but one of those is not grounds for firing).

The whole problem here was that the guy probably didn't tip the van driver...all you cheap bastards take note.
Old 02-16-2012 | 05:37 PM
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Whole thing is a shame.
Old 02-16-2012 | 05:38 PM
  #24  
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From: FAA 'Flight Check'
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Originally Posted by 80ktsClamp
Historically, crossing the threshold of the aircraft is used legally as the declaration of intention to fly... not any of the other mindless speculation from this thread. If you cross the threshold of the aircraft, you have no chance of getting admitted into a HIMS program. Up until that point your career still may be saved.
Interesting. After I posed this question to a local prosecutor, I got a strange look and was offered the scenario of "intent to commit murder" only involves the planning type of answer. You don't actually have to pull the trigger on the gun and find out that it has blanks.

As far as the van driver comment - yes - let's try and say that the van driver did something wrong or even insinuate that other van drivers are going to be getting up close and personal *just hoping* to smell alcohol. I'm sure that a pilot who got into a van with an intoxicated van driver would just turn the other cheek too or maybe we could expect every pilot to save his or her crew from the next intoxicated van driver they come across. Really?

If the facts are as they are currently being presented; there is only one person to point the finger at in this scenario.

USMCFLYR
Old 02-16-2012 | 05:42 PM
  #25  
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From: FAA 'Flight Check'
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Originally Posted by rickair7777
Security won't stop you...there's no law against going through a TSA checkpoint drunk, even in uniform.

What they will do is discretely notify the cops...they WANT to pull you out of the airplane, otherwise they can't charge you with anything. Kind of like a drunk walking to parking lot is not a DUI.

There was a notable case of a drunk pilot who got stopped at the gate before boarding the plane. The cops tried to give him a sobriety test and he said on what grounds? They pondered this and realized that they had no grounds...yet.

They notified the company, who tried to fire the pilot. But that didn't stick either because he claimed that he had realized his condition and was planning on using the station phone to call in unfit. They couldn't disprove that, so they had to keep him (presumably got a no-show, but one of those is not grounds for firing).

The whole problem here was that the guy probably didn't tip the van driver...all you cheap bastards take note.
This sounds like a scenario that I prosecutor could play with. As we all know - the old 'I'm just getting in the car to sleep it off defense' died along time ago. I wouldn't want to hang my hat on that defense of the pilot you presented on a jury trial. Common sense just might prevail.

USMCFLYR
Old 02-16-2012 | 06:17 PM
  #26  
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Originally Posted by Windsor
I'm not a lawyer. I dont speak legalise. What I do know is that if he blew over .04, he's toast. In order to get into hims or a similar rehab program, he would have had to self disclose. You have a very very hard hill to climb if you get caught. Its not impossible. Its been done. But it is very expensive and a very long process.
RAH position is zero tolerance on this. BAC of .02 is the Company minimum.

Also, It was my understanding that as a crew member, once you board an aircraft, law enforcement "jurisdiction" moves from Local to Federal. Local police can request you deplane, but TSA or the FBI has jurisdiction and can forcibly remove you. Not sure on that, but I remember witnessing a FA tell an Alleghney County cop in PIT to pound sand (pre-9/11) when he requested her to deplane for setting off a door/gate alarm. He threatened all kinds of crap, but she wagged her finger in his face and told him to get off the plane...and he did. It was cool.
Old 02-16-2012 | 06:28 PM
  #27  
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Originally Posted by LoitaHills
RAH position is zero tolerance on this. BAC of .02 is the Company minimum.
and by Minimum you mean maximum?

This story is sad. I have seen so many crew members get too smashed up until just a few hours before departure then brag about it. Its stupid. If you have to get that smashed all the time you should probably think about cutting back. It's really not that fun anyway.
Old 02-16-2012 | 06:39 PM
  #28  
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Originally Posted by LoitaHills
RAH position is zero tolerance on this. BAC of .02 is the Company minimum.
I'm glad I don't work at CHQ. I'm a crappy pilot sober, and over .02 would make me downright dangerous.

There's not one, but three things at play here:

1. Possible Felony conviction - If he has a good lawyer, no problem here.

2. FAA revocation of certificates - Toast.

3. Termination from CHQ - Toast, but appealed by IBT. Still Toast.

So there you have it. Double Toast. At least he saved a buck by not tipping the driver.
Old 02-16-2012 | 07:06 PM
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Don't forget some folks have been getting jail time for this.......6 mo. as somebody's new date doesn't sound like fun to me.
Old 02-16-2012 | 07:06 PM
  #30  
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Originally Posted by RunnerMark
Whole thing is a shame.
Best post of the thread IMO. Beats the hell out of piling on the guy. Substance abuse absolutely sucks. I've been through it with more than one of my family members. It's the reason I don't drink. There's no rationalizing it, and there's no excusing it, but dogpileing one of our own just to play "holier-than-thou" is a cheap shot. I doubt anyone would be ganging up on the guy if he'd hung himself in his hotel room out of depression. Sickness is sickness. Lay off, keyboard warriors.
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