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  #18  
Old May 12th 05, 12:16 PM
Gary Drescher
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"Mike Granby" wrote in message
oups.com...

Plus, 44709 only allows revocation if the pilot's action impacts "the
safety of air commerce or air transportation and the public interest".
These guys might have might have acted against the public interest, but
I can't see any argument that they've impacted commerce or transport
safety being sustainable.


I think one could argue that if they'd been shot down over DC, it would've
adversely affected the safety of people on the ground. But 44709 only
provides for suspension or revocation if the pilot is deemed unable to fly
safely in the *future*; it can't be a punishment for past failures. If the
pilots brush up their rusty navigation skills (and their familiarity with
ADIZ and intercept procedures), there's no reason to think they'd be
significantly more likely than other pilots to bust the ADIZ *again*.

http://straylight.law.cornell.edu/us...9----000-.html

--Gary