narcimund 0 #1 March 10, 2003 This question was inspired by something in Incidents, but I'm taking it off topic so I'm starting a general purpose thread. What legally can come from running a charter without proper Part 135 certification? What power does the FAA (or anyone else) have in the case of a private citizen who owns an airplane and uses it as a charter? I suppose the pilot might get violated, but can it go any further? Does the FAA have the power to fine businesses or bring criminal charges? In other words, what power do the FARs have over non-pilots? What enforcement power does the FAA have beyond pulling a license? What other agencies might get involved? (Of course I'm fully aware the OHD could declare the participants to be Enemy Combatants, 'disappear' them, try them in military court, then execute them secretly, but at least for the moment that doesn't seem likely.) I am VERY aware that the situation in Incidents may not be an example case. I do NOT know if this flight violated any laws. Others will determine that. But the discussion in there makes me wonder about the subject in general. First Class Citizen Twice Over Quote Share this post Link to post Share on other sites
diverdriver 5 #2 March 10, 2003 The FAA can assign civil penalties to non-pilots. I doubt they can jail you though. They most certainly can go after the pilot. He can forget flying for a charter operation or airline. With that on your record they won't want to touch you. Sad, a career lost so early on if actually violated. But this will take awhile to all play out. Nothing happens fast it seems in the realm of FAA violations. If the FAA can violate a private pilot for flying jumpers at a commercial operation then they most certainly can violate you for carrying passengers for hire without a Part 135. I wonder what the convicts lawyer will think about this or the ACLU? Chris Schindler Quote Share this post Link to post Share on other sites
narcimund 0 #3 March 10, 2003 So the worst case for the operation would be a civil penalty. That's essentially what I was curious about. I've been thinking about the question of the suspect's rights in the specific incident being discussed (where we do NOT yet know the facts and we're accusing nobody and making no conclusions) and I doubt anything will come of that. It might be shown that the sheriff and carrier INTENDED to transport the suspect illegally and unsafely, but they never actually did so. No damage means no case. First Class Citizen Twice Over Quote Share this post Link to post Share on other sites
diverdriver 5 #4 March 10, 2003 Quotebut they never actually did so. No damage means no case. I suspect you are exactly correct. It does seem to be a stretch. But some eyebrows might be raised. Chris Schindler Quote Share this post Link to post Share on other sites
riggerrob 561 #5 March 10, 2003 The FAA can fine or imprison (non-licensed) people who violate FARS. For example, the FAA fined Steve Magnuson US$500 the SECOND time they caught him repacking his own reserve and forging a rigger's signature. Quote Share this post Link to post Share on other sites
diverdriver 5 #6 March 10, 2003 I knew about the civil penalities (money) but wasn't sure on the imprisonment thing.Chris Schindler www.diverdriver.com ATP/D-19012 FB #4125 Quote Share this post Link to post Share on other sites
TitaniumLegs 8 #7 March 11, 2003 What about the IRS? They're gonna want their piece of the revenue as taxes. If you're not under Part 135, then they're gonna ask "Show me the money!". Of course, that assumes that government agencies actually talk to each other... (>o|-< If you don't believe me, ask me. Quote Share this post Link to post Share on other sites
