Pilots Can Lose Medical for Multiple DUI’s or Drug Charges

The Code of Federal Regulations, Formerly known as FAR’s, section § 61.15 specifically deals with offenses by pilots involving alcohol or drugs. A conviction for the violation of any Federal or State statute relating to the various actions related to narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for the denial of an application for any certificate, rating, or authorization for a period of up to 1 year after the date of final conviction or a suspension of your ratings. Read more

Unruly Airline Passenger Faces Federal Criminal Charges

FBI agents were recently called to respond to a JetBlue flight from New York to California. The flight was diverted due to an intoxicated passenger who caused a disruption during the flight. After the other passengers exited the aircraft, the unruly passenger was identified, interviewed, arrested and taken into custody and booked.

The suspect faces a federal criminal complaint, charging him with the assault and intimidation of flight attendants and crew members of an aircraft, thereby interfering with the performance of the duties of the flight attendants and crew members and lessening the ability of the flight attendants and crew members to perform their duties.

Federal Aviation Regulation (Code of Federal Regulations) 91.11 explicitly states: “No person may assault, threaten, intimidate, or interfere with a crewmember in the performance of the crewmember’s duties aboard an aircraft being operated.” This regulation applies to ANY person, regardless as to whether they are certificated as an “airman”. All persons travelling on board airplanes, commercial or general aviation, are held accountable to adhere to the Code of Federal Regulations (CFR’s). The CFR’s are federal law. They apply uniformly to all passengers in any airplane flying in U.S. airspace. Failure to adhere to federal guidelines will result in civil penalties and possibly criminal penalties as well.

If you have received a notice of enforcement action from the F.A.A. for violation of a federal aviation regulation, you need the assistant of a competent aviation lawyer immediately. If you are charged with criminal misconduct while on an airplane, you need the assistance of a criminal defense attorney well versed in the federal aviation regulations. Houston & Blanco emphasizes criminal defense as well as aviation law. We are among the few that understand both fields and we can best represent you on both the civil as well as criminal allegations. Do not wait and do not make any statements to any investigators without first speaking to you’re the aviation and criminal defense attorneys at Houston & Blanco. It is important to safeguard your rights by contacting the aviation attorney’s at Houston Law of California immediately. Call 714.841.3921 today, or email at info@HBLawyers.net.

Aviation Law 101: Operating Under Part 91 vs. Part 135

Recently a Fixed Base Operator (FBO) contacted me concerned that they may be violating a Code of Federal Regulation (CFR). Their concern was whether their actions would constitute a flight operation under Part 135, which would require must more regulation and oversight, or whether the operation would qualify under Part 91, a much more relaxed area of regulations in which to operate. The issue was whether an individual business person, who independently rents an aircraft from the FBO and then hires an independent pilot to fly him in that aircraft to various locations on an “as needed” basis would constitute an operation under CFR Part 91? Read more