TSA Finally
Gets Under AOPA's Skin -- Watch Out!
AOPA President Phil Boyer and senior AOPA staff started a
full-court press in Washington this week to fight the TSA and FAA
"pilot insecurity" rules. Those rules allow TSA to declare a pilot
a security risk based on secret evidence and force FAA to revoke
the pilot's certificate. The only appeal is back to TSA.
"If someone really is a terrorist, they shouldn't have a pilot
certificate," said AOPA President Phil Boyer. "And frankly, we
should take stronger action than just lifting a license. But any
American so accused must be guaranteed their basic constitutional
protections to due process, and that includes the right to appeal
to an independent adjudicator."
Boyer personally called on several key members of
Congress including Senate aviation subcommittee chairman Trent Lott
(R-Miss.) and House Transportation and Infrastructure ranking
member Jim Oberstar (D-Minn.), as well as freshman members of
Congress (and AOPA members) Dr. Michael Burgess (R-Texas) and Chris
Chocola (R-Ind.)
"Our goal is to sensitize members of Congress to the issue,"
said Boyer. "And everyone we've talked to so far agrees. While they
share our concern for security, they also think these rules appear
to violate due process, and that a pilot should have an avenue of
appeal to an independent party, not TSA."
"We cannot, we will not, give up our basic rights to protect us
from some vague and secret 'threat,'" Boyer said. "We are demanding
that the government suspend enforcement of these rules and recraft
them to protect national security and citizen's rights."
But AOPA isn't limiting its efforts to members of
Congress. This week the association also raised concerns over the
rules with the chief legal officers of FAA and TSA, and with
top-level administrators at FAA, TSA and other security
agencies.
"We have every indication for our own general counsel and other
legal discussions that these rules will not withstand scrutiny in
the courts," said Andy Cebula, AOPA senior vice president of
government and technical affairs. "AOPA will pursue every available
option to get the rules changed."
[Here's one for the TSA: would the threat of prosecution for
flying with a suspended or revoked ticket deter someone who was
determined to commit suicide, and snuff out innocent lives?
President Boyer also points out that, if someone is known to be a
terrorist, pulling his ticket shouldn't be the action the
government should take; pick the guy up, ferpetesakes! --ed.]