FAA Ramp Checks!

[ksu_aviator]

I realize that administrative law does not abide by the same rules as criminal law, but that doesn't make it right. I harp on this all the time, but administrative law falls under the Commerce Clause of the Constitution. That has been interperted to imply that civil rights are not applicable. I don't believe that too be true. While the Commerce Clause gives Congress the ability to regulate commerce, it does not give them a free for all pass to destroy and disregard our rights. I'll get off my soap box now.

 

[LR25]

I got ramped when I was flying a BE-18 one time Part 135(freight).

Here I am doing my preflight and this guy walks up and proceeds to tell me he is here to do an inspection.

I said OK, he asks for my credentials and airplane paperwork, all the while theres a ton of oil all over the airplane, inspection covers hanging by 2 screws, you know the drill. Well when we get to the airplane looksy I think he's going to gig me for the "appearence of the airplane", he looks around and we just start talking on how great a twin Beech is and so an so forth.

He gives me my papers back and he went on his way.

I think the fact that it was a BE-18 might have had something to do with it being such an easy experience.

 

[A Squared]

KSU,

>>>>I don't believe that too (sic) be true.

It really doesn't matter what you believe, what matters is what the courts believe. Like it or not, the FAA deals in administrative law, and like it or not, in administrative law, constitutional rights are not applicable.

Example: A police officer may not just stroll into your house and have a look around to see if there's any evidence of illegal activity. He has to have a warrant executed by a judge. But let's suppose you own a building which you operate a business out of. Occupational Safety is administrative law, and an OSHA inspector may in fact inspect your property for safety or health violations without probable cause or a warrant.

Likewise a police officer may not fine you for something like disturbing the peace, under our constitution such a penalty cannot be assesed without due process. (you may however waive your right to a court hearing and pay a fine based on your choice not to contest) By contrast, if the OSHA inspector finds a safety violation at your bussiness, you may indeed be fined without due process. Administrative law is indeed a very different animal, and the constitution is not necessarily applicable.

By the way, I'm still waiting for your answers to my quiz, and for you to tell us where Part 91 calls for Operations Specifications for Part 91 operators.

http://forums.flightinfo.com/showthread.php?s=&threadid=2162&perpage=25&pagenumber=2

Regards

 

[TurboS7]

LR25 where were you flying the BE-18???