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  1. 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...
  2. 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...
  3. 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...
  4. 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...
  5. 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...
  6. 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...
  7. 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.
  8. 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...
  9. 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.
  10. Winthrop

    You mean they didn't summarily execute him?

    As to airlines and competition, well the government have stifled that completion and of course airlines are not in the business of moving passengers, but rather are in the business of marketing credit cards as banks. While some foreign carriers derive their revenue from selling seats, the big...
  11. Winthrop

    You mean they didn't summarily execute him?

    So I had a professor in law school (who ended up on the DC Circuit) who basically defined government as the entity with a monopoly on force -- and by extension crime. It is worth taking a look at the exceptions set forth in 28 U.S. Code § 2680 which pretty broadly allows the government do do...
  12. Winthrop

    UPDATED: Officials identify pilot in fatal crash at Palisades Reservoir

    A little sad, I took this picture of the plane a few hours before the crash.
  13. Winthrop

    Fake metals in airplane parts thanks to China

    I am not sure that products liability litigation has really made people safer. The problem with safety regulation and torts is that it essentially creates a system where lawyers figure out the minimum that can be done to avoid liability and no more. Look at Boeing, all the lawyers and regulators...
  14. Winthrop

    Beech A45 - San Juan Islands, WA - 7 June 24

    Wonder if he learned to fly in a T-34. Sad story, but as I have often joked with you, at 90 killing yourself in a plane is likely better than many alternatives. I am a bit surprised there are not more accidents out in the San Juans.
  15. Winthrop

    UPDATED: Officials identify pilot in fatal crash at Palisades Reservoir

    So this was a little odd, I actually heard this from my house, but assumed it was someone firing a 40mm pyrotechnic. Alpine Wyoming Air Crash Article
  16. Winthrop

    Do ethanol based jet fuels work?

    So it will be like automobile fuel where I have to pay extra for ethanol free gas so that I can get 30% better mileage.
  17. Winthrop

    DC-4 Crash

    Kinda cool that these things still work, but it does seem risky. I remember as a child being on a scheduled DC-3 flight and being a bit surprised by that. Though I guess without pressurization these airframe last longer.
  18. Winthrop

    DC-4 Crash

    So perhaps I am naive, but what surprised me most here was that a DC-4 was still working: Fairbanks-area neighborhood shaken by DC-4 Crash
  19. Winthrop

    MH370

    I am familiar with that aviation YouTube channel and it has some good content. However, given the region where the jet went down and the bad command and control of some of their militaries it seems possible that the facts are just not convenient. Granted I am wearing a "tin foil hat" here, but I...
  20. Winthrop

    MH370

    Pilot committing mass homicide does seem the most likely, but an errant missile is also one thing people seemed to ignore.
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