(FL) State Cannot Prosecute Drunk Pilots

[~~~^~~~]

Flightjock - As with so many jobs, it depends on who you know. Capt. Prouse not only got a job back, he retained his seniority and Capt. status. I suspect that Capt. Prouse is (1) a good guy (2) an average, or better, pilot and (3) has kissed the Blarney Stone. What bothers me the most about his situation is that it was no "accident." He was aware of his impairment and the imparment of his crew, yet decided to fly anyway. His action was a decision to break the rules when he knew better.

A2 and Simon - the most recent study I have read was by Dr. William Dement of Stanford University. His study was quoted extensively in Air Line Pilot magazine's March 2003 publication. To quote, "fatigue has a lot in common with hypoxia and and the effects of alcohol in that a person is generally not aware of its onset. People commonly underestimate the effect alcohol is having on them when they have had a few drinks. Similarly, in NASA's tests, in which pilots rated the effect of fatigue on their performance, they consistently underate it."

Interestingly, the military hands out "go pills" and "no go pills" to pilots. These pills are amphetamines and tranquilizers and that would be considered disqualifying "drug use" for us civillian pilots.

Darn near a jet - ALPA has done a lot with fatigue issues - (including promotion of Dr. Phil's career - did you know ALPA was one of his first clients as an "expert witness?") Our employers, or rather crew schedulers, could simply care less how fatigued the crews are. Their job is to staff an airplane going from point A to point B, period. Our airline allows pilots to be worked a sixteen hour duty day, followed by nine hours off duty (to get home, shower and sleep) in preparation for another 16 hour day. This can go on for 6 days straight. It rarely happens, but when it does, the situation invariably involves broke airplanes, junior crews and bad weather. A terrible combination to by flying around exhausted. If it were not for the "Whitlow Letter" and the FAA's stand on a 16 hour duty day I have no doubt the airline would run crews past 20 hours of duty.

Again, just like the drinking issue - call in sick when you are physiologically not safe to fly.

 

[Flightjock30]

My question was not how drinking can affect your flying career, but more along the lines of how far can a pilot with a DUI on his record when he was 19 (25 now) go commercially if he wants to fly for a 121 company. Will a regional hire him? What about a major like Delta? Just curious. Corey

 

[~~~^~~~]

Delta's hiring?

 

[surfnole]

Why isn't more pressure applied to fatigue issues?

I imagine its like any other business, lobbies and business interests prevent it. Its scary to me that doctors in residency can work a 36 hour shift. If fatigue can affect a pilot's ability, how about a surgeons?

 

[FN FAL]

I don't know of any criminal penalties for flying while intoxicated.

Pilots' Smiles Turn To Tears Following Verdicts

MIAMI -- A Miami jury convicted two fired America West pilots Wednesday of operating an aircraft while drunk.

Thomas Cloyd and co-pilot Christopher Hughes bowed their heads when the verdicts were read after a two-week trial and deliberations over parts of two days. Hughes wept openly in the courtroom as his wife and supporters hugged him.

Cloyd and Hughes face up to five years in state prison at sentencing.

The men were arrested July 1, 2002, as their jet bound for Phoenix was being pushed back from its gate at Miami International Airport.

Police ordered the plane to turn back and arrested the pilots after security screeners reported having smelled a strong odor of alcohol on Hughes, and Cloyd got in an argument over his attempts to bring aboard a cup of coffee.

The pilots split 14 beers at a Coconut Grove bar the night before the flight, ending their revelry about 4:40 a.m. -- roughly six hours before their flight was to depart. Hours later, they registered blood-alcohol levels above Florida 0.08 legal limit.

Cloyd and Hughes, who maintained that they were not operating the aircraft because it was being directed by a tow truck, were fired by America West after their arrests and lost their commercial pilot's licenses.

 

[~~~^~~~]

I don't know how this thread popped back up again, but the Pilots' lost their double jeopardy defense on appeal and last I heard got 5 years and 2 1/5 years for the Capt and FO, on a first time DUI conviction. To the best of my knowledge they are now serving time and have spent more than $100,000.00 of their own money defending their case.

ALPA was "helpful" but did not bear the cost of defense. My understanding is that the union decided that this was outside the scope of their employment. I could be wrong on some of this, but spoke with their attorney before the appeal was argued.

 

[FN FAL]

Pilots Convicted Of Drunkeness Appeal Verdict


POSTED: 12:27 pm EST December 12, 2005
UPDATED: 12:29 pm EST December 12, 2005


MIAMI -- Two former America West pilots who were found guilty of flying drunk out of Miami International Airport are appealing their convictions.


A three-judge panel listened to their appeal Monday. At issue, the attorneys for former pilot Thomas Cloyd and former co-pilot Christopher Hughes say that the jury should have been asked to consider a lesser charge, such as whether the men were attempting to fly drunk, instead of actually flying drunk. The plane had not taken off when the pilot and co-pilot were removed from it and arrested.


The lawyers insist that since that plane never left the gate, the pilots were never in control.


Cloyd was sentenced to five years in prison. Hughes was ordered to serve two and a half years in prison.


As of noon, there was no decision in the appeal.

:nuts: