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passengers consuming alcohol on a part 91 flight



 
 
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  #1  
Old June 21st 04, 08:02 PM
Steve Robertson
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The pilot who had a drink with dinner can't legally be the PIC, regardless of
his/her ratings. So as long as the "real" pilot was properly rated and current for
the operation, he/she is fully responsible for the flight.

Holy smokes! What are you worried about? Unless there was an accident that
destroyed the plane and/or injury or death. Let me guess ... You had a drink at
dinner then jumped in the right seat of a spam can piloted by your buddy who got
his PPL last week. He bent the plane on landing. Maybe you even were helping him
land 'cause he was in over his head. Have I about got it all right?

Steve Robertson

Teacherjh wrote:


I believe there is a restriction on carrying obviously intoxicated or
impaired individuals


So, consider a passenger who has had one drink with dinner and is not
"obviously impaired". It's probably legal (and safe) to take this passenger,
even in the right seat. But if this passenger also happens to be a pilot,
especially one with more hours and a higher rating than you, doesn't it become
careless and wreckless?

If there were an accident, wouldn't the FAA tend to go after that passenger
(who is a pilot) as if he (and not you) were PIC, and thus flying under the
influence?

I'd be really heasitant to be a passenger on part 91 if I had a drink, unless I
did NOT have a pilot certificate.

Jose

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  #2  
Old June 21st 04, 08:43 PM
Teacherjh
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Let me guess ... You had a drink at
dinner then jumped in the right seat of a spam can piloted by your buddy who
got
his PPL last week. He bent the plane on landing. Maybe you even were helping
him
land 'cause he was in over his head. Have I about got it all right?


If you mean "did t his happen", then no. Nothing like that happened. (in
fact, the issue is hypothetical). But suppose it were exactly that. Would my
ticket be in jeopardy? I'd bet it would.

Jose

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(for Email, make the obvious changes in my address)
  #3  
Old June 22nd 04, 02:03 PM
Steve Robertson
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I imagine it would be if you touched the controls. Otherwise not. You wouldn't
have been legal to be PIC. Having said that, were I in that situation, I would
have taken survival over a possible license action any day. Thought it's not
legal, one drink at dinner doesn't impair anybody to the point that they couldn't
save an out-of-control plane from going TU. Anyway, unless the real PIC is
dead/coma or points a finger at you, there's just nothing there for the
authorities go after you for.

Steve Robertson

Teacherjh wrote:


Let me guess ... You had a drink at
dinner then jumped in the right seat of a spam can piloted by your buddy who
got
his PPL last week. He bent the plane on landing. Maybe you even were helping
him
land 'cause he was in over his head. Have I about got it all right?


If you mean "did t his happen", then no. Nothing like that happened. (in
fact, the issue is hypothetical). But suppose it were exactly that. Would my
ticket be in jeopardy? I'd bet it would.

Jose

--
(for Email, make the obvious changes in my address)


  #4  
Old June 22nd 04, 08:37 AM
Capt.Doug
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"Teacherjh" wrote in message But if this passenger also happens to be a
pilot, especially one with more hours and a higher rating than you, doesn't

it become careless and wreckless?

Enforcement cases went along this guideline 20 years ago, but not now. These
days, they go after anyone who embarasses them, no matter their hours or
ratings.

D.


  #5  
Old June 22nd 04, 01:01 AM
David Brooks
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Are you thinking of 91.17(b)?
Except in an emergency, no pilot of a civil aircraft may allow a person who
appears to be intoxicated or who demonstrates by manner or physical
indications that the individual is under the influence of drugs (except a
medical patient under proper care) to be carried in that aircraft.

So what about the person who doesn't appear to be intoxicated at the start
of a flight, but enters that state in flight. Does this FAR give you the
duty to eject mid-air, or would you be forgiven for landing as soon as
practicable?

-- David Brooks

"Dave S" wrote in message
ink.net...
I believe there is a restriction on carrying obviously intoxicated or
impaired individuals, but no restriction on serving the intoxicants.

Dave

Dave wrote:
I'm unable to find the regulation I was told about where passengers
may *not* consume alcohol in an airplane flying under part 91. Can
someone help?




  #6  
Old June 22nd 04, 03:38 AM
C J Campbell
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"David Brooks" wrote in message
...
Are you thinking of 91.17(b)?
Except in an emergency, no pilot of a civil aircraft may allow a person

who
appears to be intoxicated or who demonstrates by manner or physical
indications that the individual is under the influence of drugs (except a
medical patient under proper care) to be carried in that aircraft.

So what about the person who doesn't appear to be intoxicated at the start
of a flight, but enters that state in flight. Does this FAR give you the
duty to eject mid-air, or would you be forgiven for landing as soon as
practicable?


Ejecting someone in mid-air would violate the regulations unless the pilot
has first determined that there will be no damage to persons or property
below.

Actually, it is the duty of the pilot to see that his passengers do not
become intoxicated during the flight. If they do, then you have already
violated the regulations.


  #7  
Old June 22nd 04, 01:37 PM
Tom Sixkiller
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"C J Campbell" wrote in message
...
Actually, it is the duty of the pilot to see that his passengers do not
become intoxicated during the flight. If they do, then you have already
violated the regulations.


Which ones?



  #8  
Old June 22nd 04, 03:17 PM
C J Campbell
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"Tom Sixkiller" wrote in message
...

"C J Campbell" wrote in message
...
Actually, it is the duty of the pilot to see that his passengers do not
become intoxicated during the flight. If they do, then you have already
violated the regulations.


Which ones?


91.17


  #9  
Old June 22nd 04, 04:02 PM
Tony Cox
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"C J Campbell" wrote in message
...

Ejecting someone in mid-air would violate the regulations unless the pilot
has first determined that there will be no damage to persons or property
below.


Not if the PIC declares an emergency. Then he can dispense
with the FARs, and, it would seem, the drunks too.



  #10  
Old June 22nd 04, 06:03 PM
G.R. Patterson III
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C J Campbell wrote:

Ejecting someone in mid-air would violate the regulations unless the pilot
has first determined that there will be no damage to persons or property
below.


If you eject someone, they will rapidly become a "person below", so I think it fairly
obvious that there will be such damage.

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




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