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In article ,
"Gary Drescher" wrote: "Jonathan Goodish" wrote in message ... If there are no consequences for busting the ADIZ, you might as well not have the ADIZ. Nevertheless, under current law and policy, there can be no enforcement consequences if the ASRS immunity conditions are met (inadvertent, non-criminal violation; no accident; ASRS report filed within ten days; and no prior finding of FAR violation within five years). I'm just saying that there need to be consequences, not that those consequences have to come from the FAA. Of course, if I did something like that and had these moron reporters stalking me, plastering my name everywhere, and talking about a Cessna 150 like it was a 757, I don't think I could find a rock big enough to hide under. Maybe that is punishment enough. My biggest issue is the deflection that takes place after these incidents, or even aircraft accidents in general. The reason people violate the ADIZ and prohibited areas, and bust airspace, and run out of fuel, is due to poor planning and/or judgment on the part of the pilots, not because the ADIZ exists, the airspace exists, or darn it, those engines require fuel in order to keep running. JKG |
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"Jonathan Goodish" wrote in message
... I'm just saying that there need to be consequences, not that those consequences have to come from the FAA. It's not clear where else they could come from, though (except in terms of embarrassment, as you mention). Accidentally busting an ADIZ is not a crime, as far as I'm aware; the FBI has already announced that there are no criminal charges to be pressed. The reason people violate the ADIZ and prohibited areas, and bust airspace, and run out of fuel, is due to poor planning and/or judgment on the part of the pilots, The reports so far suggest that the pilot did plan to avoid the ADIZ, so his planning was not necessarily inadequate. Looks like he just got lost. What was probably lacking was his navigational skill, though even that isn't certain--being highly skilled makes elementary errors unlikely, but not impossible. --Gary |
#3
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In article ,
It's not clear where else they could come from, though (except in terms of embarrassment, as you mention). Accidentally busting an ADIZ is not a crime, as far as I'm aware; the FBI has already announced that there are no criminal charges to be pressed. Seems like a homeland security event to me. I fail to believe that there can't be exceptions to the NASA ASRS procedures in extreme cases, and I'd say busing the ADIZ and prohibited airspace is extreme. The reports so far suggest that the pilot did plan to avoid the ADIZ, so his planning was not necessarily inadequate. Looks like he just got lost. What was probably lacking was his navigational skill, though even that isn't certain--being highly skilled makes elementary errors unlikely, but not impossible. I haven't seen or heard anything that suggests that the flight planning was adequate, but even if it was, the execution was not adequate. I would say that it's quite certain that the pilot's navigational skills were not adequate, otherwise he wouldn't have busted airspace as badly as he did--remember, he didn't just clip the ADIZ and retreat, he was apparently pretty deep into the ADIZ and the prohibited area. It seems like the entire event could have been avoided had he been talking to someone. Apparently, the radio wasn't working. In my opinion, taking an airplane with an inoperative radio into or around the DC area is lunacy. JKG |
#4
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"Jonathan Goodish" wrote in message
... I fail to believe that there can't be exceptions to the NASA ASRS procedures in extreme cases, and I'd say busing the ADIZ and prohibited airspace is extreme. The immunity promise is spelled out in the NASA link I posted earlier. It has no exception for busting ADIZs. "Extreme" cases are criminal cases rather than merely civil cases (in civil cases, the FAA can just impose fines and administrative penalties, such as license suspensions). The ASRS immunity indeed does not apply to criminal violations. But the FBI has already said that there is no crime to prosecute. So that leaves the FAA, which is bound by the ASRS immunity promise (if the spelled-out conditions apply). Look, it's not that I'm underestimating what the government could do in the name of homeland security these days. I don't deny that they could contravene due process (and other Constitutional guarantees) to disappear you, or torture you, or send you to Saudi Arabia to be tortured, if they deemed it important enough. What I doubt is that they would blatantly and publicly contravene due process (by failing to honor a binding promise of immunity, which is a staple of our legal system) just to impose a piddling penalty like suspending a pilot's license. Apparently, the radio wasn't working. In my opinion, taking an airplane with an inoperative radio into or around the DC area is lunacy. Has it been established that the radio failed *before* entering the area? --Gary |
#5
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![]() Gary Drescher wrote: "Jonathan Goodish" wrote in message ... Apparently, the radio wasn't working. In my opinion, taking an airplane with an inoperative radio into or around the DC area is lunacy. Has it been established that the radio failed *before* entering the area? According to one of the intercept pilots, the Cessna pilot began talking to them on 121.5 after the intercept. Sounds to me like the radio was working fine. John Galban=====N4BQ (PA28-180) |
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