Be careful out there!

MassPilot said:
I'm asking this question strictly out of curiosity. I have never had a DUI and have no plans to get one.

Suppose someone has had their last medical expire (within the past 10 years) and then gets convicted of DUI. Is there anything stopping them from flying under the new law anyway if they get the doctor sign-off? I know they would have to report it to the FAA, and the FAA would find out anyway when they go do the online course and give permission to search the NDR, but the law doesn't mention anything alcohol or substance related in the few things still requiring a new SI. It seems like whoever wrote the law made sure to include the NDR check, but never gave it any teeth.
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It's that pesky internet course, in which you let the FAA into the NDR registry, every two years when you retake the course....

That is right there in the legislation.
 
bbchien said:
It's that pesky internet course, in which you let the FAA into the NDR registry, every two years when you retake the course....

That is right there in the legislation.
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Yes but what can the faa do to stop someone from flying if they did get a dui and are flying under the new law with no current medical and no plans to get one?
 
MassPilot said:
Yes but what can the faa do to stop someone from flying if they did get a dui and are flying under the new law with no current medical and no plans to get one?
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This new law changes nothing about the requirement to report a DUI (or "administrative action") to FAA Security, which is totally separate from any medical reporting requirements.
 
Mason said:
This new law changes nothing about the requirement to report a DUI (or "administrative action") to FAA Security, which is totally separate from any medical reporting requirements.
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A lot of people have not read the act thoroughly. Look at 2307 c10(b) on page 4. You will be releasing your National Driver's record to the FAA.

They WILL be taking action under the psychiatry clause which is 2307 (e)1A4.

VIA Certified mail:
"Dear Joe Pilot:
The FAA is in receipt of a DUI notification from the National Driver's databank. Under 2307 (e)1A4 it is illegal for you to operate under 67.311 until your situation has been evaluated by the federal Air surgeon. Until that time you are ineligible to operate an aircraft under 2307. Please sign the attached acknowledgement and return in the postpaid envelope. Failure of this acknowledgement to reach us within 15 days will result in the emergency revocation of your pilot certificate(s)."

Really, it's not so hard.
 

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I am going to be that guy and say, it really shouldn't be too difficult to not get a DUI. There are things like Uber and Cabs these days.
 
GlennAB1 said:
That works with automobiles....
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you think the FAA would give you a special issuance if they installed an Ignition interlock device in the air plane?

Starting Engine
Throttle Open 1/4 inch
Mixture Rich (IN)
Carb heat Cold (IN)
Prime As required; locked
Aux Fuel Pump On
Propeller area Clear
Master Switch On
Beacon On
Blow into Breathilyzer
Ignition Start
Throttle Adjust 1000 rpm
Oil Pressure Check normal
Aux Fuel Pump Off
Avionics Master Switch On
Radios On

:D
 
midcap said:
you think the FAA would give you a special issuance if they installed an Ignition interlock device in the air plane?

Starting Engine
Throttle Open 1/4 inch
Mixture Rich (IN)
Carb heat Cold (IN)
Prime As required; locked
Aux Fuel Pump On
Propeller area Clear
Master Switch On
Beacon On
Blow into Breathilyzer
Ignition Start
Throttle Adjust 1000 rpm
Oil Pressure Check normal
Aux Fuel Pump Off
Avionics Master Switch On
Radios On

:D
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One of the requirements for flying under the new law is having a valid driver's license and following the restrictions of that license, so if someone has a restriction requiring an ignition interlock device then they would need one on the plane too. I wonder when someone will come up with an ignition interlock STC!
 
Thanks Doc,they drove you off the board,by their arrogance .I for one appreciate your input. Don't let them get to you.
 
Doggtyred said:
I'm sure he doesn't know everything either.

But I will tell you this.... at present there are 177 US based AME's who currently participate in the HIMS program... out of roughly 4000 AME's in the USA. HIMS is the program that was developed to provide a mechanism for professional pilots with alcohol problems to keep their livelihood and remain in the industry, in cooperation with the FAA, the pilots unions and other stakeholders. As one of those select 177 AME's I have no doubt that this is an area he is a subject matter expert on, and knows not only how folks end up IN the HIMS program, but how they are able to get OUT of the program (successfully or not).
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My AME is another of those 177 and knows Bruce. He says Bruce is the real deal. Fortunately, I don't need the HIMS services, and don't plan on changing that, but when it comes to certification issues, I know who to listen to. Bruce.
 
midcap said:
you think the FAA would give you a special issuance if they installed an Ignition interlock device in the air plane?

Starting Engine
Throttle Open 1/4 inch
Mixture Rich (IN)
Carb heat Cold (IN)
Prime As required; locked
Aux Fuel Pump On
Propeller area Clear
Master Switch On
Beacon On
Blow into Breathilyzer
Ignition Start
Throttle Adjust 1000 rpm
Oil Pressure Check normal
Aux Fuel Pump Off
Avionics Master Switch On
Radios On

:D
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...yours doesn't... work... that way...?

Also, I had to change my tail number to WA306T.
 
SCCutler said:
Doctor Chien, I encounter that all the time in lawyer stuff. Everybody's an expert, until they find out they're not.

"Well, yes, that's what the statute says, but here's how they apply it..." <------ Common phrase.
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I'm sure you also encounter plenty of "experts" who've "always done it that way," and therefore that's the rule, even though they haven't read the rule in years (experts have no need). Many more experts still know one way to do something and will tell you it's the best or only way to do it, because it's their way.

I can't diagnose an arrhythmia, but I can read statutes and regulations. And many years ago my crim professor told me to never paraphrase a statute. Misquoting or out of context quoting would fall under that heading.
If you're an expert and you want to explain how it's interpreted, have at it. But don't say A=B.
 
MassPilot said:
I didn't enjoy the hoppyness of IPA's at first, but I tried it a few times and now it's my favorite kind of beer. It's definitely an acquired taste. I'm a wheat beer fan too.
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I really enjoy stouts. And yeah, they're a little heavy in the summer. But IPAs are... well, I'm not a fan. What to do... what to do...

Oh, right. Margaritas. Fuzzy Navels. Daiquiris. Bailey's Irish Creme Milkshakes. Mai Tais. Long Island Iced Tea. Hurricanes....

:)
 
N3368K said:
Back in 1992, one of my 2LTs got a DUI. I and to go retrieve him from the MPs, at 0500 on a Saturday morning, who had retrieved him from the German Polezi. The Polezi had found his wrecked car on the side of the road and went to his home and pulled him out of bed, performed a breathalyzer and arrested him. He was kicked out of my (Artillery) Battery and became the Assistant Adjutant...a made up temporary position. While he was pending his non-judicial punishment and General Officer Letter of Reprimand, both of which were career enders, he was caught for a second DUI. At least this time, he didn't belong to me. He had a history of other alcohol related incidents. I had counseled him that he was heading in the wrong direction. I learned of his second DUI when I walked into the Battalion HQ and heard the Commander yelling to the Adjutant, "I don't care where he goes. Just put a stamp on his ass and send him out of this battalion." as I walked around the corner and face-to-face with the him. He just scowled at me and said, "Smith" (not his real name) and walked around me.

Ironically, the Lieutenant, a West Point graduate, had earllier told me he wanted to finish him time and go back home to be a Texas State Trooper. Bet two DUIs killed that dream.

We lost more than one officer to DUI in that tour. When I myself was a Lieutenant (85-89), a DUI/DWI wasn't necassrily immediately terminal. One could frequently still make Captain, but it still haunted them and they never made Major. Most who received one opted to get out when their commitment ended.
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I remember when my company commander, a Captain, got his DUI. This was somewhere mid 80's, and I don't think that Polezi officially handed out the equivalent of "DUI's" back then, but he did get whacked for something related. Punishment? Battalion Commander banished him from driving in to work for a month.
 
midcap said:
I am going to be that guy and say, it really shouldn't be too difficult to not get a DUI. There are things like Uber and Cabs these days.
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Depends on where you live. In Austin it is very difficult to get a cab on a holiday weekend ... or really any weekend night. Especially if your destination is too close for them to get a nice fare or too far so as to take them away from the action. And the liberals kicked the evil corporation Uber out of the city.
 
mfisher said:
Depends on where you live. In Austin it is very difficult to get a cab on a holiday weekend ... or really any weekend night. Especially if your destination is too close for them to get a nice fare or too far so as to take them away from the action. And the liberals kicked the evil corporation Uber out of the city.
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Then don't drink??? :D
 
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