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That may be the rule at your airline. However, the DOT's rules say that
"Reasonable Suspicion" cannot be acted upon unless the crew member is ON the a/c. Up to the point that one foot is on that a/c you can STILL call off/be pulled aside, etc "no harm, no foul." The lawyers on both sides can argue "intent to operate" but the threshold for a test is presence on the a/c.
As for being a crime to be at the airport drunk, I believe the charge could only be Public Intoxication. There could be company policy violations with being drunk in uniform, conduct unbecoming, etc.
I don't think you can tie the DOT's "reasonable suspicion" rule with intent. I think they are independent. I disagree with the statement that the threshold to prove intent is presence ON the acft.
The difference is, it's not a choice anyone can make, it's been determined already: one step on the a/c. Not doing flows, walk-around, crew brief, etc. All of that *technically* doesn't prove intent...if it's off the a/c. One you step ON you prove intent. That's the DOT rule and not subject to interpretation.Good defense , but will not work. Many have tried. Might as well say until pushback. Meaning I was just Going To do my flows and make sure the engines will start.
Get your drinking under fking control!!!!
It really is a sickness when one cant stop. Believe me... I know.
How many people know pilots with drinking problems. I'm guessing, it's more common then most might think...
Go to Nebraska Statutes, Drunk Flying is covered as well as Criminal intent, very clear, this guy will be some jailbirds girlfriend. If the DOT doesn't get him a newshungry DA will.The difference is, it's not a choice anyone can make, it's been determined already: one step on the a/c. Not doing flows, walk-around, crew brief, etc. All of that *technically* doesn't prove intent...if it's off the a/c. One you step ON you prove intent. That's the DOT rule and not subject to interpretation.
I'm not saying the person didn't intend to fly based on common sense from our perspective. Obviously, to anyone seeing this, there was intent. However, LEGALLY, there wasn't until he stepped aboard.
Because we might disagree with legal terms doesn't make us right and the rule wrong. This interp came directly from the DOT rules and we dealt with this when I worked in the D&A Enforcement/Compliance department at a former carrier for which I worked.
There are numerous laws governing airline pilots and alcohol use. Feds have laws, states have laws, and of course companies have their own policies. Here is an interesting article from ALPA Legal. It mentions reporting for duty and other scenarios that pilots must consider.That may be the rule at your airline. However, the DOT's rules say that
"Reasonable Suspicion" cannot be acted upon unless the crew member is ON the a/c. Up to the point that one foot is on that a/c you can STILL call off/be pulled aside, etc "no harm, no foul." The lawyers on both sides can argue "intent to operate" but the threshold for a test is presence on the a/c.
As for being a crime to be at the airport drunk, I believe the charge could only be Public Intoxication. There could be company policy violations with being drunk in uniform, conduct unbecoming, etc.