Federal statutes for legally drunk pilots

"G.R. Patterson III" these days.

IIRC, the news said the Federal limit is .10 and Florida is .08.

George Patterson

In NC, it is .08 for regular drivers, and .06 for commercial drivers.

As a matter of fact, I think it is .06 for all commercial drivers,
throughout the US?
--
Jim in NC


---
Outgoing mail is certified Virus Free.
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.711 / Virus Database: 467 - Release Date: 6/26/2004

"anon" wrote in message Could someone please clarify what the legal
FEDERAL minimum a pilot must blow to be charged with a crime? also,
could someone please confirm
that state or police have no jurisdiction over this offense if the
accused
does NOT live within the same state or city.

Maximum blood alcohol level under FAA regs is .04%.
A recent court case involving airline pilots charged by local police was
dismissed. The judge ruled that federal laws pre-empt state and local laws
as concerns *commercial* aviation. Commercial aviation is considered
interstate commerce. It doesn't matter where the pilots live. The ruling
didn't mention anything about local police charging private pilots with
unlawful intoxication.

D.

Violation of an FAR is a civil infraction, not a crime. So the .04% rule is
a violation of a regulation, not a crime.

Given that the FAA generally has jurisdiction over all aviation operational
matters, there may not be any criminal statue that would apply.



"Capt.Doug" wrote in message
...
"anon" wrote in message Could someone please clarify what the legal
FEDERAL minimum a pilot must blow to be charged with a crime? also,
could someone please confirm
that state or police have no jurisdiction over this offense if the
accused
does NOT live within the same state or city.

Maximum blood alcohol level under FAA regs is .04%.
A recent court case involving airline pilots charged by local police was
dismissed. The judge ruled that federal laws pre-empt state and local laws
as concerns *commercial* aviation. Commercial aviation is considered
interstate commerce. It doesn't matter where the pilots live. The ruling
didn't mention anything about local police charging private pilots with
unlawful intoxication.

D.

"Capt.Doug" wrote:

The ruling
didn't mention anything about local police charging private pilots with
unlawful intoxication.

Pennsylvania pressed several charges against that drunk who buzzed Philadelphia a few
months ago. His attorneys have argued that Federal law preempts those charges, but I
have not heard that either the Feds or local courts agree with them on that.

George Patterson
None of us is as dumb as all of us.

"Capt.Doug" wrote in message ...

Maximum blood alcohol level under FAA regs is .04%.
A recent court case involving airline pilots charged by local police was
dismissed. The judge ruled that federal laws pre-empt state and local laws
as concerns *commercial* aviation. Commercial aviation is considered
interstate commerce. It doesn't matter where the pilots live. The ruling
didn't mention anything about local police charging private pilots with
unlawful intoxication.


That's correct. Since there is a federal criminal statute that
covers drunk commercial flying, it preempts the state (Florida?)
drunken flying statute. If the case involved a non-commercial flight,
there is no federal criminal statute that covers it, so presumably,
federal preemption would not happen.

That was the problem in the case of the (allegedly) drunk PA pilot
several months ago. The feds threw their hands up and said they
couldn't criminally prosecute because there was no law covering
non-commercial ops. The state had no drunken flying law and was
trying to broaden the scope of existing motor vehicle laws to cover
the incident. So far, the judge has not bought it.

I heard last week that PA now has a "flying while intoxicated" law
working its way through the legislature because of that case. Other
states have used similar laws to prosecute drunk, non-commercial
pilots in the past.

John Galban=====N4BQ (PA28-180)

On Sunday, June 27, 2004 11:00:23 PM UTC-5, anon wrote:
Could someone please clarify what the legal FEDERAL minimum a pilot
must blow to be charged with a crime? also, could someone please confirm
that state or police have no jurisdiction over this offense if the accused
does NOT live within the same state or city.


Thanks

This is a great question i would imagine that they couldnt blow anything all i know is i would hope so anyway i wouldnt want to get on a plane with a drunk pilot even if he just had a little and i like to drink but thats insane a href"www.drinkinpeople.com"DrinkinPeople/a

In article ,
wrote:

On Sunday, June 27, 2004 11:00:23 PM UTC-5, anon wrote:
Could someone please clarify what the legal FEDERAL minimum a pilot
must blow to be charged with a crime? also, could someone please
confirm
that state or police have no jurisdiction over this offense if the
accused
does NOT live within the same state or city.


Thanks

This is a great question i would imagine that they couldnt blow anything all
i know is i would hope so anyway i wouldnt want to get on a plane with a
drunk pilot even if he just had a little and i like to drink but thats insane
a href"www.drinkinpeople.com"DrinkinPeople/a

Then you should NEVER fly on Air France, UTA, etc. They serve wine with
the cockpit meals.

On 22/01/14 07:56, Orval Fairbairn wrote:
In article ,
wrote:

On Sunday, June 27, 2004 11:00:23 PM UTC-5, anon wrote:
Could someone please clarify what the legal FEDERAL minimum a pilot
must blow to be charged with a crime? also, could someone please
confirm
that state or police have no jurisdiction over this offense if the
accused
does NOT live within the same state or city.


Thanks

This is a great question i would imagine that they couldnt blow anything all
i know is i would hope so anyway i wouldnt want to get on a plane with a
drunk pilot even if he just had a little and i like to drink but thats insane
a href"www.drinkinpeople.com"DrinkinPeople/a

Then you should NEVER fly on Air France, UTA, etc. They serve wine with
the cockpit meals.

Civilised

On Wed, 22 Jan 2014 08:17:13 +1300, george152 wrote:

Then you should NEVER fly on Air France, UTA, etc. They serve wine with
the cockpit meals.

Civilised

Homosexuals. Not that I mind.
--
The Storage Neighbor-Crabapple | 12390-C Arnold Mill Road
Alpharetta, Georgia 30004 | Tel: 770.569.0060
"Free blow job with every rental"| www.storageneighbor.com