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![]() "Theorem" "theorem AT axiometric DOT org" wrote in message ... What conceivable legitimacy does the government have in sticking its nose into one's misdemeanor record on an airman medical form specifically designed for inquiry into his health? The government has an interest in this for at least several reasons, not the least of which is the simple expediency of seeing if the applicant is being truthful on the application. This is important to determine, if possible, and the method used is reasonable, in my view. Ask a straightup question, the answer to which is public information anyway, and see if the applicant is candid in replying. Besides, "health" includes more than just physical health. Mental and emotional health are equally important and also come under the heading "medical". Someone with a string of non-traffic misdemeanors may not be a suitable candidate for an airman certificate, depending on the nature of the offenses. If that person is willing to lie about them on an official application, to conduct a cover-up, then that person would be likely, in my view anyway, to lie about other things, perhaps even falsify other records such as log book entries, or to claim some certification he or she does not possess. Why take the chance? Why fail to check the barn door when it is easy to do so? What does the physician care if you've pleaded guilty to speeding and had to go to driver improvement clinic in order to remove points from your license? The physician does not care. That's not his or her job. But the public at large is legitimately very interested in every airman applicant's truthfulness regarding his or her legal status, criminal history, if any, and medical condition, and the FAA's job is to make flying safe for everyone, in the air and on the ground. Lots and lots of people have been convicted of misdemeanors. Many have done time. In my case, I paid a fine. And yes, when one has paid one's fine and/or served one's time, one should no longer be dogged by the charge. In and of itself, this should be no bar to obtaining an airman certificate. Indeed, it is not. Even most felonies are probably not a bar to aviation, depending on the harm or danger caused to others, i.e., the lack of regard for the safty of others. But lying about it certainly should be a bar to certification. What would you have, a certified liar in command? Great confidence builder! Another reason to support full disclosure on the application, as well as the proscription against lying and the attendant penalties for being untruthful, is that there is nowhere else to draw a clear line. Some lies are worse than others. Some omitted information is more critical than other omitted information. Yes, no doubt, but where can you draw the line? Without a total ban on false statements on applications, and suitably stiff penalties for making them, the situation could not be managed efficiently. Thanks for listening, even if you disagree. Ralph Questionable mental health based on embarrassment to admit to an old misdemeanor like violation of the age of consent or trespassing? Who are you trying to kid? Irrational inquiries like this, which didn't start, by the way, until after 9-11, the serendipitous event for all the totalitarianism-lovers in government to get out their little pencils, wiggle their big rodent noses, and begin drawing up regulations, border on Stalinism. Two well-to-do pilots I know are guaranteed to have lied on their airman medical forms because in their younger years they had serious criminal offenses that were expunged. If your family has money and can afford a Brooks Brothers lawyer, then you can get just about any conviction expunged, and the complete record erased forever. Well, theoretically. You don't know the can of worms opened here. Either that are you are side-stepping. A prominent judge had two sons, true story. One is now a lawyer, the other a banker. One of those sons as a young man participated in a string of felony burglaries. Every monied and politically powerful move was made to extricate that young criminal from his responsibility and clean up his filth. But he was convicted and in his small town everybody knowledgeable knows he is a felon. But his record was expunged. Prominent people are entitled aristocrats. Now when he applies for an airman medical, do you think he will admit to being a convicted felon? Think about it. Is he still a felon or is he not? Expungement means he doesn't have to answer when officially asked if he is a felon or had a felony conviction. And will this aristocrat be prosecuted if he lies? Nope. Prosecutions are for the masses, not the aristocrats. What about the man who had misdemeanor convictions expunged, or the woman who had a juvenile record, which is now sealed. What does either of those persons answer on the airman medical form? WTF is it about 9-11 that made the new sweeping inquiry so necessary? Rank and file Americans now being punished by this despicable federal form authored by stalinist weasels, and the unconstitutional Patriot Act. Given, we don't want drug users, drug dealers, alcoholics, or drunks flying. But do we have to inquire into every infraction in an airman's life just because the FBI and the Bush Administration sat on their asses while scores of fanatical Saudi muslims made a public spectacle of themselves running around the country loose and unscrutinized, conspicuously plotting to convert airliners into gigantic bombs? |
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