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  1. Winthrop

    O tempora, o mores

    Article 1, Section 2, Clause 3 is in there too. Don't get me wrong, taking the example of Venezuela, I think Maduro is evil, but where does this go in the long run?
  2. Winthrop

    O tempora, o mores

    So this was slightly amusing on some level, but is actually part of a larger issue now. The WSJ had this story recently also that the Russian government demands $100 million from Canada for seized aircraft. With this type of thing going on now are we seeing the breakdown of the order that has...
  3. Winthrop

    When is criminal law necessary for aviation safety?

    I no longer fly because I am a bad pilot and I sure as hell don't fly with poorly qualified private pilots or qualified pilots who can't afford to maintain a modern aircraft.
  4. Winthrop

    Native American Tribe Seizes Aircraft

    So came across this. I am familiar with the horror stories of driving across reservations, but wonder if anyone else has ever heard of them seizing an aircraft:
  5. Winthrop

    When is criminal law necessary for aviation safety?

    Sometimes removing inefficiency solves that problem. So as to 121 I do check the safety records of airlines and aircraft types. With 135 I always double check. As for helicopter tours, well yeah, I think I commented on one tour operator that scared me. However, helicopter tours are notorious...
  6. Winthrop

    When is criminal law necessary for aviation safety?

    I am not sure why the FAA would lack authority to do that. There is 14 CFR § 135.119 which is kinda vague. USCG has implemented some guns bans and while I am not sure they are entirely legal, they are doing it anyways.
  7. Winthrop

    When is criminal law necessary for aviation safety?

    I think there is a strong argument that the FAA makes aviation safety worse . Passengers think that if an operator holds a certificate from the FAA it must be safe. While if there was no FAA then people would be further incentivized to research air carriers. A 121 example would be Delta Air...
  8. Winthrop

    When is criminal law necessary for aviation safety?

    So maybe take a more extreme real world example, perhaps the crash of N114TD in 2018. In that case, a Falcon 50 crashed due to improperly trained pilots and an aircraft which should not have even been in the air. It seems that this happens with some frequency in Part 135 where oversight is more...
  9. Winthrop

    When is criminal law necessary for aviation safety?

    Congress should do many things, but they do not do them.
  10. Winthrop

    You mean they didn't summarily execute him?

    Yes, point being they are under statute and DoT regulations empowered to investigate and even prosecute certain crimes.
  11. Winthrop

    You mean they didn't summarily execute him?

    Actually they have in the past and could in theory do so. I am sure if I pulled cases I would find some SAUSAs from the FAA.
  12. Winthrop

    When is criminal law necessary for aviation safety?

    When does a safety violation necessitate the threat of violence for enforcement purposes? It seems to me that the potential threat to the public from unsafe aircraft is palpable, but perhaps Peter will disagree. Of course, it is also possible that the regulations which do exist actually do more...
  13. Winthrop

    You mean they didn't summarily execute him?

    The idea that because the FAA does not generally engage in criminal enforcement directly there is not threat of violence would be like arguing that the People's Republic of China is a peaceful country because it does not have an army. (The country does not have an army, but the communist party...
  14. Winthrop

    You mean they didn't summarily execute him?

    So let us say you were in Singapore where corporal punishment is used for minor crimes, e.g. vandalism. Do you consider the threat of being caned in Singapore to be a threat of violence? In the US the 8th Amendment has been interpreted as banning corporal punishment as "cruel and unusual" but...
  15. Winthrop

    More regulation will almost certainly not solve the problems.

    So as I pointed out in another thread, US airlines are essentially in the credit card marketing and banking businesses. The whole flying passengers thing is really just a gimmick to sell the credit cards. As to the regulations, well the airline shareholders like those because they make running...
  16. Winthrop

    Yes lasers are dangerous to shine at aircraft - but ...

    Maybe now most things are? So not sure if this was related to our chat. In any case, I think it could be argued that doing so would fall under 18 U.S. Code § 32, 49 U.S. Code § 46502 and specifically 49 U.S. Code § 46504. Though the FAA wanted to regulate lasers, it is actually the FDA that...
  17. Winthrop

    You mean they didn't summarily execute him?

    So generally the FAA operates through the "The Aviation Litigation Division" which is civil. But need I remind you that US Marshals use force to enforce those judgments. That having been said: https://www.faa.gov/faq/there-penalty-failing-register#:~:text=The FAA may assess civil,for general...
  18. Winthrop

    You mean they didn't summarily execute him?

    Are you serious? So if you fail to cooperate we put you in a cage is not violence? 18 U.S.C. § 32 is also insanely broad. So they revoked his certificate, what if he ignores them and continues to fly? Oh yeah, 49 U.S. Code § 46317.
  19. Winthrop

    You mean they didn't summarily execute him?

    You are correct that unlike say the Department of Education or the Environmental Protection Agency, the FAA does not have its own SWAT team, yet. (Though DoT has armed components outside the FAA) However, the DoJ is empowered to enforce FAA regulations with criminal law. For instance we all...
  20. Winthrop

    2024 Gillette Pilatus PC-12 crash

    PC-12 Crash in July. I figured this crash had already been posted. I see a decent number of single engine turboprops being flown as personal aircraft at the airpark near my cabin. I often wonder if the pilots have the requisite experience to fly this things safely alone over mountains.
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