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Violation of an FAR is a civil infraction, not a crime. So the .04% rule is
a violation of a regulation, not a crime. Given that the FAA generally has jurisdiction over all aviation operational matters, there may not be any criminal statue that would apply. "Capt.Doug" wrote in message ... "anon" wrote in message Could someone please clarify what the legal FEDERAL minimum a pilot must blow to be charged with a crime? also, could someone please confirm that state or police have no jurisdiction over this offense if the accused does NOT live within the same state or city. Maximum blood alcohol level under FAA regs is .04%. A recent court case involving airline pilots charged by local police was dismissed. The judge ruled that federal laws pre-empt state and local laws as concerns *commercial* aviation. Commercial aviation is considered interstate commerce. It doesn't matter where the pilots live. The ruling didn't mention anything about local police charging private pilots with unlawful intoxication. D. |
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