I really shouldn't worry about all this because the AMA will represent our views with the Feds and make sure that we can continue to play with our toys as we see fit. Right?
The BIG lesson here is for all FAA licensed pilots. If the FAA decides to play in this arena and I break their rule, I will be slapped with an emergency revocation of my license. The guy flying next to me would not.
-Ben
Howard Mark wrote:
Ben,RCSE-List facilities provided by Model Airplane News. Send "subscribe" and "unsubscribe" requests to [EMAIL PROTECTED] Please note that subscribe and unsubscribe messages must be sent in text only format with MIME turned off. Email sent from web based email such as Hotmail and AOL are generally NOT in text format
This should answer your question concerning FAA penalties for FAR violations:
http://www.agl.faa.gov/publicaffairs/HowWork/Civil.doc
As I said, penalties for violating FAR's can be levied on anyone - not just pilots.
FAA regulation violations carry no criminal penalty per se. However many infractions are covered by other federal and state laws. Violations such as interfering with a crew member and flying while intoxicated are examples. http://archives.cnn.com/2001/TRAVEL/NEWS/07/31/faa.airrage/
In addition http://www.access.gpo.gov/uscode/title49/subtitlevii_parta_subpartiv_chapter463_.html
From the U.S. Code Online via GPO Access[wais.access.gpo.gov] [Laws in effect as of January 7, 2003] [Document not affected by Public Laws enacted between January 7, 2003 and February 12, 2003] [CITE: 49USC46317]
TITLE 49--TRANSPORTATION
SUBTITLE VII--AVIATION PROGRAMS
PART A--AIR COMMERCE AND SAFETY
subpart iv--enforcement and penalties
CHAPTER 463--PENALTIES
Sec. 46317. Criminal penalty for pilots operating in air transportation without an airman's certificate
(a) General Criminal Penalty.--An individual shall be fined under title 18 or imprisoned for not more than 3 years, or both, if that individual--
(1) knowingly and willfully serves or attempts to serve in any capacity as an airman operating an aircraft in air transportation without an airman's certificate authorizing the individual to serve in that capacity; or
...................................................
Mark
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Mark-
Can you please then tell us what penalty the FAA may enforce upon a non-pilot, non-aircraft owner for a violation of an FAR? Please site the relevant statutes. Please also compare the administrative process the FAA uses for enforcement actions with federal criminal proceedings which may result in fines and imprisonment.
AC's are often sited in judicial proceedings (usually against pilots). While they aren't regulatory in nature, they support the FAA's intentions. As a pilot, if you dare to violate an AC you risk facing the wrath of some creative FAA inspector armed with his book of woe.
-Ben
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