On Fri, 13 May 2005 15:04:17 -0400, Tom Fleischman
k wrote:

On 2005-05-11 22:27:59 -0400, Paul Huffman said:

What confuses me is that all the pundit TV shows keep saying tonight is
that authorities have decided not to charge the pilots with a crime.
Are they shaving the distinction between "crime" and a "violation" very
closely. I can't imagine there wouldn't be administrative action
against these two pilots. At least remedial training and a check ride
with an FAA examiner. Or a license suspension. You'd get as much for
a transgression into a plain old class B or C.

There is the charging with a Federal Crime, which they say they aren't
going to do, and the violation of FAA regulations for which they most
likely will both be "violated". The FAA is not at all forgiving of
those who transgress into the TFRs and ADIZs. The pilot, at the least
will probably lose his ticket for a year or two, then have to take
remedial training followed by an FAA Check ride (not one given by a
DE). Quite likely the student will get nothing more than some extra
training with emphasis on pilotage, special use airspace, briefings,
and the use of flight plans.


Why both of them? One was PIC, the other was a passenger. Why take
action against the passenger.

In this case the passenger would probably be considered an accomplice.
The only saving grace is the passenger was a student.
But as to why both? If you are riding with a friend who stops to make
a withdrawal at the bank, except he does it as a robbery. Then drives
away. A few blocks later the police arrest both your friend and you.
It will take a *lot* of convincing that you were not an accomplice.
Probably the convincing of a jury.

Just being in the wrong place at the wrong time can get you convicted
if you draw the wrong jury.

Roger Halstead (K8RI & ARRL life member)
(N833R, S# CD-2 Worlds oldest Debonair)
www.rogerhalstead.com