Is the pilot license needed...?

http://www.oig.dot.gov/item.jsp?id=1298
http://www.oig.dot.gov/item.jsp?id=1858
http://www.oig.dot.gov/item.jsp?id=1387

This case I thought was interesting, considering the falsification could
have had negative consequences on innocent students:
http://www.oig.dot.gov/item.jsp?id=1563

The first one:
"Wilson used various fraudulent identities in order to obtain FAA
licenses..."
.... gives the FAA jurisdiction.

The second one:
"Our investigation found that Sanders falsified his application to the
FAA in 2004 by failing to disclose..."
.... again the FAA was originally involved.

The third one:
"he piloted an aircraft without a license and made false statements on
an FAA application." and "The investigation was conducted jointly with
the Department of Homeland Security".
.... again puts it in the FAA's lap. Invoking Homeland Security trumps
all anyway.

The last one:
"...falsifying an FAA ‘Instructor’s Recommendation’ which indicated that
his Flight Instructor Certificate was valid..."
.... once again, the perp had prior dealings with the FAA.

I wonder (but I'm not going to go sniffing it out) whether there are any
cases involving, or any case law supporting, jail time for flying an
aircraft without =ever= having any dealings with the FAA, and without
invoking any terrorism clauses.

Jose
--
"There are 3 secrets to the perfect landing. Unfortunately, nobody knows
what they are." - (mike).
for Email, make the obvious change in the address.

Jim Logajan writes:

Mxsmanic wrote:
If the unlicensed pilot is wealthy enough to pay the fines, what
prevents him from flying indefinitely without a license and just
paying the fines whenever he is caught?

Flying without a certificate/license can and has resulted in jail time.
Here are a couple cases where the defendant got a fine and six months jail
time:

http://www.oig.dot.gov/item.jsp?id=1004
http://www.oig.dot.gov/item.jsp?id=1633

I note that both involved other offenses as well, however.

--
Transpose mxsmanic and gmail to reach me by e-mail.

Flying without a license will often result in death. The regulations
stipulating requirements to operate an aircraft under it's own power
are for your own good. An aircraft is not a tractor, car, truck, four
wheeler, motorcycle, or wagon.

Learn to fly, and learn to fly right from a qualified and dedicated
instructor. That will protect aviation's reputation, both private and
commercial.

If you want, visit our website for an excellent article on the basics
of VFR flight which have to be mastered (and often aren't)

www.pilotweb.org

PilotWeb.org writes:

Flying without a license will often result in death.

This type of exaggeration only encourages people to be reckless. When
they discover that the dire warnings they've heard are all out of
proportion to reality, they start to take a lot more risks, including
risks that they really shouldn't take. The net result is more danger,
not less.

I expect that most people flying without a license are people who have
lost their licenses for some reason, or people who have trained but
been unable to get a license. While neither category is likely to be
filled with stellar pilots, the notion that complete novices are going
to try to fly planes is a bit unrealistic. Most people aren't even
interested in flying a plane, and many are afraid of doing so, so even
if you plopped them in the cockpit and told them to have at it, they'd
refuse.

The regulations stipulating requirements to operate an aircraft under
it's own power are for your own good.

In theory, but they aren't necessarily congruent with reality. Some
of the regulations are good ideas, others aren't.

--
Transpose mxsmanic and gmail to reach me by e-mail.

T o d d P a t t i s t wrote:
Did anyone research these closely enough to determine what
criminal statute the pilot violated so as to result in jail
time? Was the actual flying what resulted in jail, was it
lying on an FAA form, or was it the other offenses - signing
student logbooks, etc.

There's a generic criminal statute for a materially false, oral
or written statement submitted to any fed agency in any official
matter. Martha Stewart now understands how it works.

Fred F.

Jose wrote:
I wonder (but I'm not going to go sniffing it out) whether there are any
cases involving, or any case law supporting, jail time for flying an
aircraft without =ever= having any dealings with the FAA, and without
invoking any terrorism clauses.


Jose, the guy I referred to in my previous post is based across the
field from you at DXR. AFAIK he never got any jail time for flying the
KingAir unlicensed. I'm told he had some pilot training but never got
the ticket. He's damn lucky he never had an engine-out as who knows if
he'd have known how to handle it? (not sure if he went to KA school)
I'm amazed the FAA didn't go after him, but maybe the (implied)
terrorist threat took priority? I doubt I'd have been so lucky if I'd
tried something like that...

Mxsmanic wrote:

Flying without a license will often result in death.

This type of exaggeration only encourages people to be reckless. When
they discover that the dire warnings they've heard are all out of
proportion to reality, they start to take a lot more risks, including
risks that they really shouldn't take. The net result is more danger,
not less.

I expect that most people flying without a license are people who have
lost their licenses for some reason, or people who have trained but
been unable to get a license. While neither category is likely to be
filled with stellar pilots, the notion that complete novices are going
to try to fly planes is a bit unrealistic. Most people aren't even
interested in flying a plane, and many are afraid of doing so, so even
if you plopped them in the cockpit and told them to have at it, they'd
refuse.


I can think of three different instances within the last 2 years that
were well-publicized where individuals (dumb-ass kids and one drunk
dirtbag doing community service) with no flight training stole aircraft
and took them for a joyride. Amazingly nobody was killed, and that
includes the idiot that stole the 172 from Danbury CT and took his
drunk buddies for a ride at 2am only to land on a dark taxiway at White
Plains. I'm not sure which deity was looking out for all these idiots -
all the more incredible when you consider how many trained & licensed
pilots have died while flying due to things that may have been out of
their control. Regardless... I don't think the idea that flying w/o a
license will often result in death is exaggerating.

PilotWeb.org writes:


Flying without a license will often result in death.

It almost never does.

There's a generic criminal statute for a materially false, oral or written statement submitted to any fed agency in any official matter.

Yes, but this covers making false statements (as in to the FAA).

If you never make a false statement to the government, and merely fly an
airplane without a license, and without ever having attempted to get
one, is this a criminal act according to statute?

Jose
--
"There are 3 secrets to the perfect landing. Unfortunately, nobody knows
what they are." - (mike).
for Email, make the obvious change in the address.

"Jose" wrote in message
t...
There's a generic criminal statute for a materially false, oral or
written statement submitted to any fed agency in any official matter.

Yes, but this covers making false statements (as in to the FAA).

If you never make a false statement to the government, and merely fly an
airplane without a license, and without ever having attempted to get one,
is this a criminal act according to statute?

Jose


After a quick and possibly incorrect search this may be you legal catch all.

http://www4.law.cornell.edu/uscode/h...6----000-.html

(a) Criminal Penalty.- Except as provided by subsection (b) of this section,
when another criminal penalty is not provided under this chapter, a person
that knowingly and willfully violates this part, a regulation prescribed or
order issued by the Secretary of Transportation (or the Under Secretary of
Transportation for Security with respect to security duties and powers
designated to be carried out by the Under Secretary or the Administrator of
the Federal Aviation Administration with respect to aviation safety duties
and powers designated to be carried out by the Administrator) under this
part, or any term of a certificate or permit issued under section 41102,
41103, or 41302 of this title shall be fined under title 18. A separate
violation occurs for each day the violation continues.