[net.legal] Roadblocks, etc

abc@brl-tgr.UUCP (07/07/84)

Does anyone know what sort of "restrictions" and "denials
of freedom" are placed upon pilots of airplanes?  I wonder
if these aren't more "unreasonable" than roadblocks to
detect drunk drivers.  I wonder if th"free spirits" on
this net would like airplane pilots to have the same
"rights" which they claim for automobile motorists?

ron@brl-tgr.ARPA (Ron Natalie <ron>) (07/09/84)

Actually, there are fewer restrictions on flying and less enforcement.
Probably this is because pilots who drink, etc...kill themselves but
don't run into other people.  The rules were especially lax when you
aren't carrying passengers.  The problem with FAA regulations is that
when you violate them, and the FAA does decide to prosecute, due
process is thrown to the wind.  There is no trial in the conventional
sense and you are not entitled to lawyers at the hearings.  It's a
farce.

-Ron

bcn@mit-eddie.UUCP (Clifford Neuman) (07/12/84)

There is not an implied consent rule associated with receiving a
pilots license.  There is a rule stating that one can not pilot
an aircraft within 8 hours of consuming any alcohol, but no way
to force a pilot to submit to a test.  I believe there is
legislation pending to add the implied consent rule.  This in
no way effects rules that airlines may have for their own pilots
however.

	~ Cliff        {decvax!genrad,ihnp4}!mit-eddie!bcn

judy@ism780.UUCP (07/13/84)

#R:brl-tgr:-310800:ism780:18300006:000:537
ism780!judy    Jul 10 17:29:00 1984

From my experience with private planes, there are no sobriety tests before
you take off.  However, there is an axiom which is used by all pilots I know:

	24 hours from bottle to throttle

Unlike driving a car, flying an airplane demands concentration.  Pilots
put in a lot more hours learning to fly and are under much more stringent
licensing agreements than drivers.  And their attitude is usually one of
respect for the dangerousness of making a mistake.  After all, do you check
all the instruments in your car before leaving home?

nathanm@hp-pcd.UUCP (07/13/84)

Comparing restrictions on pilots to restrictions on drivers
is not particularly valid, although I hasten to add that I
am rabidly totalitarian on the drunk driving issue.

Obtaining flying priveleges is considerably more difficult
than obtaining driving priveleges.  On the other hand, enforcement
of the myriad regulations is a lot tougher.  The fact is, there
is no foolproof way to keep idiots out of the sky.  By and
large, the system works.  But I would like to cite a couple
of instances illustrating the system and its problems/benefits.

At a fly-in at the Lebanon, Oregon airport a couple of years
ago, some of the attendees at the party went flying around
in a four-seater belonging to another attendee (who was not
on board).  They tried some low-altitude maneuvers, crashed
and were all killed.  None aboard was wearing seat belts and
tests showed that all had been drinking.  Naturally, the owner
of the aircraft denies lending out his keys, claiming that the
use of the aircraft was unauthorized.  The old rule, "eight
hours from bottle to throttle", was obviously not observed
and there was no "roadblock" to the commission of an act of
incredible stupidity.  (Lebanon, like many small airports,
has no airline service or control tower.  Having a control
tower would have added the minor stumbling block of having
to sound coherent on the radio to be cleared for takeoff.)

Airline pilots are subject to much more stringent rules than
are private pilots.  Among these are the requirements for
a physical exam every six months.  One pilot I heard of
obtained his physical at an airport between flights.  The
doctor grounded him right there and then because he failed
the blood pressure test.

I have no conclusions or important points to share beyond
the mere mention of these instances to supplement the
point made by brl-tgr!abc.

----------
Nathan Meyers
hplabs!hp-pcd!nathanm

ron@brl-tgr.ARPA (Ron Natalie <ron>) (07/16/84)

Actually, I think it's No Smoking within eight hours and No Drinking
within 50 feet.

Be serious.  What you have to do to get a pilots license is not any
worse than what you have to do to get a driver's license.  You take
a written test, you take a practical test, and instead of just an
eye test, you have to get a quick physical.  Big deal.

-Ron