Lawyers. I’ll tell them something.

[~~~^~~~]

~~~^~~~,

I hope I didn't put words in your mouth.

Tony

Tony - not at all. Thanks for what you wrote. I'm going on a 4 day, keep up the good fight.

 

[FN FAL]

What you are confused about is Federal Preemption. The section of the US Constitution you quoted alludes to the fact that States should not abridge the rights of citizens found in the Constitution. This includes the 5th amendment. The Federal government has preempted aviation regulation under the enabling legislation for the Federal Aviation Administration. Yes, I am telling you that we don't need every State, City, County and Municipal government getting into the aviation regulation business.

So you're saying that an airline pilot should be able to commit a crime in a state and consider himself above the law of that state?

Let me get this straight, airline pilot gets on board an airliner he intends to fly and his wife is aboard, jumpseating non-rev. So he takes a walk back into the cabin after signing for the aircraft and snaps her neck, killing her instantly. Since there isn't an FAR violation, the guy gets to walk?

 

[mnboyev]

Awww y'aal sound like a bunch a frign lawyers.


They drank .. got caught... Bookem Danno...

 

[Rez O. Lewshun]

Thoughts from a BAFAN type comma one each.....

If you want to go eight miles per minute in the direction of your destination, hire an airline and/or pilot.

So he takes a walk back into the cabin after signing for the aircraft and snaps her neck, killing her instantly. Since there isn't an FAR violation, the guy gets to walk?

If you want to function in the legal system, read pilot opinion on flightinfo. No wait, that is not true, rather hire a lawyer.

When you call for your brothers head, you are calling for your own.

It seems when a brother is down, we are all to willing to kick him. Most of us end up in tight spots without intentions. Therefore it could happen to any of us. So when you are cracking your brothers rib's with your foot (cause you don't have the integrity to pick him up, look him in the eye and punch him in the gut) ask yourself, 'if I got myself in a tight spot would I want the guy that is kicking the otherside of this poor guy's rib cage', to crack my ribs? Cause you know he'll do it.

kick 'em when they're up kick 'em when they're down (Henley lyrics?).

It takes more integrity and strength to have compassion/empathy than to embrace fear and anger.

The law of the jungle is for the battlefield or the weak.

Interested in level headed comments. Albie15, how you doin?

 

[TonyC]

So you're saying that an airline pilot should be able to commit a crime in a state and consider himself above the law of that state?

Let me get this straight, airline pilot gets on board an airliner he intends to fly and his wife is aboard, jumpseating non-rev. So he takes a walk back into the cabin after signing for the aircraft and snaps her neck, killing her instantly. Since there isn't an FAR violation, the guy gets to walk?

That would be covered under FAR Part 91 Subpart B--Flight Rules Sec. 91.134 Restricted and Prohibited Activities.

(a) No person may go back into the cabin after signing for the aircraft and snap the neck of his spouse.
(b) No person may go back into the cabin after signing for the aircraft and snap the neck of anyone else's spouse.
(c) No person may go back into the cabin after signing for the aircraft and snap the neck of anyone who is not a spouse.
(d) Where does one sign for an aircraft, anyhow?

If no Federal law applies, the concept of double jeopardy does not apply.



In the case in question, FARs clearly apply.

 

[TonyC]

kick 'em when they're up kick 'em when they're down (Henley lyrics?).

"We got the bubbleheaded bleach-blonde, comes on at 5
She can tell you about the plane crash with a gleam in her eye
It's interesting when people die, give us dirty laundry"

Dirty Laundry



by Don Henley

​

 

[FN FAL]

That would be covered under FAR Part 91 Subpart B--Flight Rules Sec. 91.134 Restricted and Prohibited Activities.


Quote:
(a) No person may go back into the cabin after signing for the aircraft and snap the neck of his spouse.
(b) No person may go back into the cabin after signing for the aircraft and snap the neck of anyone else's spouse.
(c) No person may go back into the cabin after signing for the aircraft and snap the neck of anyone who is not a spouse.
(d) Where does one sign for an aircraft, anyhow?

Uhhhhh, you got me on the signing thing...I thought there was an "acceptance" process when you 121 guys accepted an airplane for a scheduled flight?

And for Rez...who's calling for their brothers head? I'm just telling you that states have a right to try cases involving criminal conduct, regardless if the crime takes place on an airport or a federally funded interstate...I think the next time I get a hankering to drive my car drunk, I'll go up in I-94 and challenge the state patrol in court on the 14th amendment.

There's a real simple solution for all this...the federal government could take a stance that driving motor vehicles while intoxicated, affects "interstate commerce". They simply define motor vehicle in a code, define intoxication and viola...drunk driving of a boat, car, lawnmower, sea-doo, motorcycle, helicopter, or airplane becomes a federal crime. Done deal...you won't even need the NDR anymore...'cause felonies are forever.

I do see one chink in the armor...sooner or later some glider pilot or balloonist will be on court t.v. challenging the definition of "motor".

 

[Rez O. Lewshun]

There's a real simple solution for all this...the federal government could take a stance that driving motor vehicles while intoxicated, affects "interstate commerce". They simply define motor vehicle in a code, define intoxication and viola...drunk driving of a boat, car, lawnmower, sea-doo, motorcycle, helicopter, or airplane becomes a federal crime. Done deal...you won't even need the NDR anymore...'cause felonies are forever.

[sarcasm switch to the O-N position]

I'd like to nominate FN FAL for 'intoxicated interstate commerce' changer of laws and legislation.

[saracsm switch to the L-O-W position]

Go for it. Pursue your solution until it is real. Don't give up. Fight the good fight. Never stop fighting till the fight is done (Untouchables?)

[sarcasm switch to the O-F-F position]

Instead of trying to adjust the situation to YOUR ideas, beliefs and thinking, try adjusting your ideas, beliefs and thinking to the situation.

 

[I.P. Freley]

Don't you miss FWA?

Hey, I can't miss what I haven't left...

 

[FN FAL]

[sarcasm switch to the O-N position]

I'd like to nominate FN FAL for 'intoxicated interstate commerce' changer of laws and legislation.

[saracsm switch to the L-O-W position]

Go for it. Pursue your solution until it is real. Don't give up. Fight the good fight. Never stop fighting till the fight is done (Untouchables?)

[sarcasm switch to the O-F-F position]

Instead of trying to adjust the situation to YOUR ideas, beliefs and thinking, try adjusting your ideas, beliefs and thinking to the situation.

I hear ya rez

You can bet the MADD's are just licking their chops on this drunk pilots case...they'd love to see intoxicated operation of any motor vehicle, a federal crime. If the pilots are successful on defending themselves on the "operation" charge...I would bet that ten minutes after they hand down a verdict in this case that some Florida legislator will be rallying to change the definition of the word "operation".

And it wouldn't be much of stretch to convince some people in congress that drunk motor vehicle operation is affecting interstate commerce.

 

[~~~^~~~]

So you're saying that an airline pilot should be able to commit a crime in a state and consider himself above the law of that state?

If it involves an area of regulation preempted by Federal Law, yes. The Fed's have subject matter jurisdiction.

The Federal government leaves the decision on how to rule the local roadways to the local governments. But if it involves the federally regulated operation of an airplane, then it is Federal.