Will Be Classified As "Interfering With An Aircrew"
Secretary of Transportation Ray LaHood and FAA Administrator
Randy Babbitt announced Wednesday that the FAA will begin to impose
civil penalties against people who point a laser into the cockpit
of an aircraft.
“Our top priority is protecting the safety of the
traveling public. We will not hesitate to take tough action against
anyone who threatens the safety of our passengers, pilots and air
transportation system,” said Secretary LaHood.
“Shining a laser into the cockpit of an aircraft is not a
joke. These lasers can temporarily blind a pilot and make it
impossible to safely land the aircraft, jeopardizing the safety of
the passengers and people on the ground,” said FAA
Administrator Babbitt.
The FAA released a legal interpretation (PDF), which finds that
directing a laser beam into an aircraft cockpit could interfere
with a flight crew performing its duties while operating an
aircraft, a violation of Federal Aviation Regulations. In the past,
the FAA has taken enforcement action under this regulation against
passengers physically on-board an aircraft who interfere with
crewmembers.
Wednesday's interpretation reflects the fact that pointing a
laser at an aircraft from the ground could seriously impair a
pilot’s vision and interfere with the flight crew’s
ability to safely handle its responsibilities. The maximum civil
penalty the FAA can impose on an individual for violating the
FAA’s regulations that prohibit interfering with a flight
crew is $11,000 per violation.
This year, pilots have reported more than 1,100 incidents
nationwide of lasers being pointed at aircraft. Laser event reports
have steadily increased since the FAA created a formal reporting
system in 2005 to collect information from pilots. Reports rose
from nearly 300 in 2005 to 1,527 in 2009 and 2,836 in 2010.
In 2010, Los Angeles International Airport recorded the highest
number of laser events in the country for an individual airport
with 102 reports, and the greater Los Angeles area tallied nearly
twice that number, with 201 reports. Chicago O’Hare
International Airport was a close second, with 98 reports, and
Phoenix Sky Harbor International Airport and Norman Y. Mineta San
Jose International Airport tied for the third highest number of
laser events for the year with 80 each.
So far this year, the Phoenix and Dallas-Fort Worth areas each
have recorded more than 45 laser events. The Los Angeles,
Philadelphia and Houston areas each have recorded more than 30
laser events. The increase in reports is likely due to a number of
factors, including greater awareness and outreach to pilots to
encourage reporting; the availability of inexpensive laser devices
on the Internet; stronger power levels that enable lasers to hit
aircraft at higher altitudes; and the introduction of green lasers,
which are more easily seen than red lasers.
Some cities and states have laws making it illegal to shine
lasers at aircraft and, in many cases, people can face federal
charges. The FAA is prepared to work with federal, state, and local
law enforcement agencies to assist with criminal prosecutions
arising under those laws.
Legislation that would criminalize purposefully aiming a laser
device at an aircraft is currently pending in Congress. The Senate
included this language in the FAA Air Transportation Modernization
and Safety Improvement Act, which it passed on Feb. 17, 2011. On
Feb. 28, the House of Representatives passed legislation that would
enact a similar penalty for shining lasers at aircraft. Both bills
are awaiting further action.