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Need help finding regs related to tampering with seatbelts...

BenWA

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Does anyone here happen to know of specific regs that cover tampering with (i.e., passenger removal / theft of) seatbelts on an aircraft that is operated by a scheduled airline?

Looking for applicable regs in FAR's and/or other federal and non-federal code regulations. Any specific references would be helpful!
 
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Andy Neill

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I doubt there is such a federal regulation. The operator is required by reg that the seat belts be there.

If a passenger removes a seat belt, they are subject to local enforcement (petty theft).
 

TheInsider

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Does anyone here happen to know of specific regs that cover tampering with (i.e., passenger removal / theft of) seatbelts on an aircraft that is operated by a scheduled airline?

Looking for applicable regs in FAR's and/or other federal and non-federal code regulations. Any specific references would be helpful!

There are Federal Sentencing Guidelines for this but you may want to search CFR 49.
 

JAFI

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I don't think you will find this in the FAA regulations. It is the FBI that does the violation on damaging a US tail number aircraft (removing required parts would fall under damage). Never found out what regulation they used for court.
 

Andy Neill

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25.785 Requires that seats and belts of certain specifications must be there (aircraft manufacturer and operator responsibility)
65.81 (limitations of aircraft mechanic - not of a passenger)
91.7 (PIC's responsibility that the aircraft be airworthy)
91.13 (careless and reckless operation of an aircraft)
91.401 (applicability of maint regs - aircraft maintained under approved CAMP excepted)
91.405 (Requirement for owner/operator to inspect aircraft, have maintenance recorded, replace inoperative equipment or placard in accordance with MEL)

Lots of responsibility on owners, manufacturers, mechanics, operators, PICs there but nothing you could hang a meddling passenger on.

If the theft were to take place in Idaho and the value of the seat belt was under $1000 and this was a single event, the applicable statute would be 18-2407 (2) Petit theft.

The standard for offenses in the USC are much higher (to the point of endangering the aircraft). Those provisions are found in Title 18, Part 1, Chapter 2, Section 32.
 
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erj-145mech

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Lots of responsibility on owners, manufacturers, mechanics, operators, PICs there but nothing you could hang a meddling passenger on.

If the theft were to take place in Idaho and the value of the seat belt was under $1000 and this was a single event, the applicable statute would be 18-2407 (2) Petit theft.

The standard for offenses in the USC are much higher (to the point of endangering the aircraft). Those provisions are found in Title 18, Part 1, Chapter 2, Section 32.
Sure, the passenger has performed maintenance, without having holding a certificate, and undocumented maintenance.
 

Andy Neill

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Does anyone here happen to know of specific regs that cover tampering with (i.e., passenger removal / theft of) seatbelts on an aircraft that is operated by a scheduled airline?

Looking for applicable regs in FAR's and/or other federal and non-federal code regulations. Any specific references would be helpful!
Are you looking to charge somebody with something or seeing how stiff the penalty will be if you want to take a souvenier?
erj-145mech said:
Sure, the passenger has performed maintenance, without having holding a certificate, and undocumented maintenance.
The closest of the regs you listed was 65.81 which says:
General privileges and limitations.

(a) A certificated mechanic may perform or supervise the maintenance, preventive maintenance or alteration of an aircraft or appliance, or a part thereof, for which he is rated (but excluding major repairs to, and major alterations of, propellers, and any repair to, or alteration of, instruments), and may perform additional duties in accordance with §§65.85, 65.87, and 65.95. However, he may not supervise the maintenance, preventive maintenance, or alteration of, or approve and return to service, any aircraft or appliance, or part thereof, for which he is rated unless he has satisfactorily performed the work concerned at an earlier date. If he has not so performed that work at an earlier date, he may show his ability to do it by performing it to the satisfaction of the Administrator or under the direct supervision of a certificated and appropriately rated mechanic, or a certificated repairman, who has had previous experience in the specific operation concerned.
(b) A certificated mechanic may not exercise the privileges of his certificate and rating unless he understands the current instructions of the manufacturer, and the maintenance manuals, for the specific operation concerned.


As you can see, it refers to what a certified mechanic may and may not do.
 

BenWA

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Are you looking to charge somebody with something or seeing how stiff the penalty will be if you want to take a souvenier?

I personally can't fathom why someone would need to steal a seatbelt from an operational aircraft as a souvenier, when they could relatively easily purchase one from a boneyard / chopshop, or eBay (and probably from a much cooler aircraft!).

I find it peculiar that tampering with smoke detectors falls under a FAR, but not tampering with other safety devices.

Any case, thanks for the responses.
 

midlifeflyer

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I don't think you will find this in the FAA regulations. It is the FBI that does the violation on damaging a US tail number aircraft (removing required parts would fall under damage). Never found out what regulation they used for court.
It might not be a regulation. Criminal offenses are defined by statute not regulation. Chances are that there is something in 18 U.S.C. (the federal criminal code) that applies. One I know of is 18 U.S.C. §32 that deals with destruction of aircraft or aircraft facilities, but that seems more geared toward large scale destruction rather than seat belt tampering. But it's certainly possible that it's been applied to smaller items.

I haven't looked any further than that.
 

JAFI

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Mark, I do not know. When any person does damage an aircraft, we just call the FBI office and they take care of it. Who they may call or what they do is out of my area of "need to know".
 

lawfly

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It might not be a regulation. Criminal offenses are defined by statute not regulation. Chances are that there is something in 18 U.S.C. (the federal criminal code) that applies. One I know of is 18 U.S.C. §32 that deals with destruction of aircraft or aircraft facilities, but that seems more geared toward large scale destruction rather than seat belt tampering. But it's certainly possible that it's been applied to smaller items.

I haven't looked any further than that.


I'm just making a general point here. (Have nothing to add re: seatbelts.) A statute can give an agency (and court) authority for imposing criminal
sanctions for violations of the agency's regulations, and can in general terms set forth the penalties (fines, imprisonment, etc.), but the elements of the offense in such a case would be "defined" by the pertinent regulation(s). An example is OSHA. The OSHA Act sets forth potential fines and other penalties (including potential imprisonment) for violations/willful violations of OSHA regs, but the regs themselves define the conduct/standards/elements which constitute the offense. So, I would caution against any supposition that there is never any criminal liability for violations of regulations.
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=OSHACT&p_id=3371
 
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