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Old November 1st 06, 07:26 PM posted to rec.aviation.piloting
Newps
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Default "Guilty" of Flying the Wrong Pattern?



TxSrv wrote:

Jim Logajan wrote:

So I still don't think that government agencies are not required to
abide by _all_ the FARs. Government agencies, including the military,
are presumably still rerquired to abide by all the FARs that use the
unqualified "aircraft" or "person" terminology.



The problem here is in the U.S. Constitution, I believe. A/C owned by
say Interior cannot be forced to be maintained by rules of the DOT. DOT
can't ask Justice, the law firm to both agencies, to litigate against
Interior. If Interior said its employee/pilots need not be
certificated, then I think FAA can't enforce against the pilot
individually. No certificate; no certificate action. If they proposed
a civil fine for operating w/o a certificate plus other violations,
Interior would step in and defend the employee and their own rule that
their pilots need not have certificates. Then no way to force it to
court. It ultimately would be the United States of America v. the
United States of America.


I don't think that's the case. We just opened a brand new tower/tracon
building here at BIL. An unbelievable amount of time and more
importantly money was spent making the building ADA compatible. That's
a Federal Government law that applies to all buildings and it certainly
isn't the FAA that came up with it. The FAA spent a lot of time and
dollars complying with other agencies laws. OSHA, TSA, FBI, etc. The
list is endless.