Florida cannot prosecute pilots

Florida cannot prosecute pilots

http://www.cnn.com/2003/LAW/08/05/pi...ing/index.html

Pilots did NOT fly.

Can they be hung for intent? If so, I know a bunch of Democrats that
would be in jail for their thoughts on GW.

I'll bet a good lawyer can get them off. If they had let then take off
then they would have been flying under the influence but 'push
back'????

Even if they taxied the plane, is there any rule that says they have
to be sober to do so???

Looks like a good pro bono case for some lawyer to make his bones.

Big John

Would you pour me one for the road please?



On Tue, 05 Aug 2003 17:00:29 -0500, Edward Todd
wrote:

Florida cannot prosecute pilots

http://www.cnn.com/2003/LAW/08/05/pi...ing/index.html

"Big John" wrote in message

Pilots did NOT fly.

Can they be hung for intent? If so, I know a bunch of Democrats that
would be in jail for their thoughts on GW.

I'll bet a good lawyer can get them off. If they had let then take off
then they would have been flying under the influence but 'push
back'????

The FARs don't require flight for there to be a violation: FAR 91.17:
"(a) No person may act or attempt to act as a crewmember of a civil
aircraft ..."

Big John wrote:
Pilots did NOT fly.

Big J...

91.17 (a) no person may act or attempt to act as a crewmember of
a civil aircraft (w/in 8 hrs, while under influence, 0.04 blood alcohol)

I know these guys weren't flying under Pt. 91, but I've been
corrected before that Part 121 encompassess the Pt 91 regs then
adds additional, it doesn't supercede them.

So wrt Federal regulation, it would seem that getting into
the plane with the intent to fly it, getting ready for flight,
and ordering pushback sure counts as "act or attempt to act
as a crewmember".

Even if they taxied the plane, is there any rule that says they have
to be sober to do so???

See above; I read it that way, but perhaps I'm missing something?

Cheers,
Sydney

Big John wrote:

Even if they taxied the plane, is there any rule that says they have
to be sober to do so???

Yes, the same rule that says you can't fly.

Yeah, the monthly aviation legal columns in AOPA Pilot covered this a few
months back. The pilot had been out to dinner with friends, decided to
RON instead of going home that night. Had some drinks, but wanted to go
back out to the airport and move the plane to a different spot. Went off
the taxi way and got stuck. Didn't even qualify as an accident. Somebody
caught the alcohol on him and wrote him up. The FAA pulled his ticket and
the NTSB upheld it.

Dave Reinhart


Big John wrote:

Pilots did NOT fly.

Can they be hung for intent? If so, I know a bunch of Democrats that
would be in jail for their thoughts on GW.

I'll bet a good lawyer can get them off. If they had let then take off
then they would have been flying under the influence but 'push
back'????

Even if they taxied the plane, is there any rule that says they have
to be sober to do so???

Looks like a good pro bono case for some lawyer to make his bones.

Big John

Would you pour me one for the road please?

On Tue, 05 Aug 2003 17:00:29 -0500, Edward Todd
wrote:

Florida cannot prosecute pilots

http://www.cnn.com/2003/LAW/08/05/pi...ing/index.html

David (and others)

I'll be darn. Learn something every day.

If I drink I let my desiganted driver drive. If I had to reposition, I
guess I could let her do it with me sitting there tellng her what to
do? Wonder if that would satisfy the FAA and teh busy bodies?

Big John

I'm assuming this was as GA bird and not a commercial aircraft from
posted text?


On Thu, 07 Aug 2003 22:33:21 GMT, David Reinhart
wrote:

Yeah, the monthly aviation legal columns in AOPA Pilot covered this a few
months back. The pilot had been out to dinner with friends, decided to
RON instead of going home that night. Had some drinks, but wanted to go
back out to the airport and move the plane to a different spot. Went off
the taxi way and got stuck. Didn't even qualify as an accident. Somebody
caught the alcohol on him and wrote him up. The FAA pulled his ticket and
the NTSB upheld it.

Dave Reinhart


Big John wrote:

Pilots did NOT fly.

Can they be hung for intent? If so, I know a bunch of Democrats that
would be in jail for their thoughts on GW.

I'll bet a good lawyer can get them off. If they had let then take off
then they would have been flying under the influence but 'push
back'????

Even if they taxied the plane, is there any rule that says they have
to be sober to do so???

Looks like a good pro bono case for some lawyer to make his bones.

Big John

Would you pour me one for the road please?

On Tue, 05 Aug 2003 17:00:29 -0500, Edward Todd
wrote:

Florida cannot prosecute pilots

http://www.cnn.com/2003/LAW/08/05/pi...ing/index.html

"Big John" wrote in message
I'll be darn. Learn something every day.

If I drink I let my desiganted driver drive. If I had to reposition, I
guess I could let her do it with me sitting there tellng her what to
do? Wonder if that would satisfy the FAA and teh busy bodies?

If you need to tell her what to do, she's probably not qualified
to do it on her own? Sounds like a) leaving someone unqualified
at the controls without qualified (crewmember) supervision -
probably a violation of some other reg, or b) you're a crew
member anyway.

Best thing is to just push/pull/drag it.

In article , Big John
wrote:

Pilots did NOT fly.

Can they be hung for intent? If so, I know a bunch of Democrats that
would be in jail for their thoughts on GW.

Not to mention all the Republicans for what they thought about Bill
Clinton.

Tom Fleischman wrote:

In article , Big John
wrote:

Pilots did NOT fly.

Can they be hung for intent? If so, I know a bunch of Democrats that
would be in jail for their thoughts on GW.

Not to mention all the Republicans for what they thought about Bill
Clinton.

In two elections, the entire country would be in jail.

George Patterson
Brute force has an elegance all its own.