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Car Forum / Driving, Maintenance, Tuning / Driving / July 2005

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Drunk jet pilots get 2 1/2 and 5 years in prison

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laura bush - VEHICULAR HOMICIDE - 22 Jul 2005 16:11 GMT
This is great but why don't we take the same attitude with drunk
drivers on the highways?   Why do we have both a prez and a vp with
convictions for DUI?

http://www.msnbc.msn.com/id/8662857/

July 21:  Updated: 8:40 p.m. ET July 21, 2005

MIAMI - Two airline pilots who got behind the controls while drunk
drew sentences Thursday of 2½ years and five years in prison.

Thomas Cloyd, 47, of Peoria, Ariz., and co-pilot Christopher Hughes,
44, of Leander, Texas, settled into the cockpit of a Phoenix-bound
America West jetliner in 2002 after a night of heavy drinking at a
sports bar. They were arrested before the plane took off but after it
had pushed away from the gate.

They were later fired and were found guilty June 8 of operating an
aircraft while drunk.

(snip)

The pilots had been at the bar up until about six hours before their
departure time; federal rules say pilots cannot drink in the eight
hours before a flight. Police stepped in after screeners smelled
alcohol on their breath.

Tested hours later, their blood-alcohol levels were above Florida’s
0.08 percent limit for drunken driving, which includes aircraft,
according to testimony. Their levels were probably much higher when
they were in the cockpit, the experts said.

Beer, wine and a martini
Testimony showed that Cloyd and Hughes ran up a $122 tab and drank
seven 34-ounce glasses and seven 16-ounce glasses of beer over six
hours at the bar. At dinner before that, they had wine and Cloyd drank
a martini, prosecutors said.

The pilots had argued at trial that they were not drunk. They also
contended they were not in control of their Airbus 319 carrying 117
passengers and crew because it was being towed by a ground crew when
police ordered the jet back to the gate.

Prosecutor Hillah Katz called that argument “an insult.”
Ted B. - 22 Jul 2005 17:04 GMT
> This is great but why don't we take the same attitude with drunk
> drivers on the highways?   Why do we have both a prez and a vp with
[quoted text clipped - 17 lines]
>
> (snip)

I don't agree with this decision at all.  It was right that the pilots were
fired, as they clearly violated federal pilot rules by drinking within the 8
hours before takeoff.  They should have known that they would lose their
jobs for that  But the evidence in this criminal trial was weak, at best.
Nobody knew what the BAC level of the pilots was when the plane was pushed
away from the gate.  At best, they could say that the pilots were -probably-
over .08, which is the limit in Florida (where they were supposed to take
off, apparently).  Also, the prosecution couldn't claim that the pilots were
ever in control of the airplane.  If there was a criminal offense of
"ATTEMPTED DUI", then that might have applied in this case.  MIGHT have
applied.  But then again, we're back to the problem of nobody knew what the
BAC level was at the time of the "attempt".  So not even "attempted" DUI
could be proven beyond a reasonable doubt.

The sentences seem awfully harsh, considering that there was gobs of
reasonable doubt in this case.  The plane never flew.  The pilots never
controlled the airplane, at all.  It wasn't known if the pilots were drunk
at the time of their arrest.  Even if the BAC at arrest time was over .08,
that doesn't necessarily mean that the pilots were incapable of safely
flying to Phoenix.  .08 is way too low to be called "drunk" by any
reasonable thinking person.  (before someone gets smart, I don't drink, at
all, ever)  Also, flying is a lot easier than driving.  If someone could
have told me that the pilots had a BAC of .16 (for example), I still would
have boarded the airplane.  Large commercial jets practically fly
themselves, anyway.  Any pilot who's reasonably experienced and not PASSED
OUT drunk could probably manage to fly safely halfway across the country.
No sweat!  But the odd thing about this is, at time of boarding, the BAC
level of the pilots was not known.

Overall, these sentences seem very harsh, considering that the prosecution
was nowhere near proving their case beyond a reasonable doubt.  They were
fired.  That's what they deserved.  Several years in prison, also?  No,
that's not called for.  IMHO  -Dave


gcmschemist@gmail.com - 22 Jul 2005 17:22 GMT
> Even if the BAC at arrest time was over .08,
> that doesn't necessarily mean that the pilots were incapable of safely
[quoted text clipped - 5 lines]
> themselves, anyway.  Any pilot who's reasonably experienced and not PASSED
> OUT drunk could probably manage to fly safely halfway across the country.

You obviously know nothing about what it takes to actually take off and
land an aircraft.

And you admit that you don't know anything about being drunk.

And if you get into any aircraft where the left-seater is at 0.16,
you're a complete idiot.

Commercial pilots know exactly what the rules are.  The fact they
*willfully* placed their passengers in danger by ignoring the rules is
cause enough to put them in prison.

I don't think the sentences are long enough.

E.P.
Eric Johnson - 22 Jul 2005 17:56 GMT
On 7/22/05 6:22 PM, in article
1122049326.874343.39930@g44g2000cwa.googlegroups.com,

>> Even if the BAC at arrest time was over .08,
>> that doesn't necessarily mean that the pilots were incapable of safely
[quoted text clipped - 21 lines]
>
> E.P.

Agreed, and my father and brother are commercial pilots and can't believe
they were so dumb.

ej
Ted B. - 22 Jul 2005 18:04 GMT
> You obviously know nothing about what it takes to actually take off and
> land an aircraft.
[quoted text clipped - 11 lines]
>
> E.P.

I didn't say I don't know anything about being drunk.  Fact is, I haven't
had a single drink since it was legal for me to drink.  That doesn't mean I
have NEVER had alcohol.  Nor does it mean that I've never had TOO MUCH
alcohol.

Why do you believe that the passengers were in danger?  Yeah, they might
have been in danger.  But there aren't enough facts known to make that
determination.  So what makes you think the passengers were in danger?
You're just guessing, aren't you?

The only fact known in this case is that the pilots violated federal rules
by drinking within 8 hours of when they were supposed to fly.  For that,
they were fired.  Seems reasonable.  Jail also?  Not reasonable, given the
known facts, or lack thereof.  -Dave
scooter34 - 22 Jul 2005 18:16 GMT
> > You obviously know nothing about what it takes to actually take off and
> > land an aircraft.
[quoted text clipped - 26 lines]
> they were fired.  Seems reasonable.  Jail also?  Not reasonable, given the
> known facts, or lack thereof.  -Dave

I understand your point, Dave, but I think that what you're forgetting
is that those pilots were working, in effect, for the passengers on
that airplane.  When I buy a plane ticket, I expect that the pilots
have obeyed the rules that they agreed to obey.  If they aren't
supposed to drink 8 hours before a flight, then I expect that they
won't.

Your main argument seems to be that they probably could have flown just
fine.  The problem is that society has a right to draw a line, as it
were, in the sand.  Some people can operate a car just fine at .10 BAC,
while others struggle cold sober.  But we have to have a point that we
can agree on is the point that it's not acceptable to try.  And just
because he turns out fine the thousands of times a day that people
drive above .08 BAC doesn't make it okay.

While I agree that 5 years may seem harsh, I would suggest that it's an
excellent warning to anyone considering violating the fly rules and
getting in the cockpit of a piece of machinery that could kill over 100
people.

scooter34
Bo Raxo - 22 Jul 2005 18:21 GMT
> While I agree that 5 years may seem harsh, I would suggest that it's an
> excellent warning to anyone considering violating the fly rules and
> getting in the cockpit of a piece of machinery that could kill over 100
> people.

And if they crash the plane in a populated area, they could kill thousands.

The sentences seem about right to me.  Ted's quaint notion that they only
drank within 8 hours of flying ignores the BAC - to have a BAC of .08,
you've been drinking more recently than 8 hours ago.
N8N - 22 Jul 2005 18:34 GMT
> > While I agree that 5 years may seem harsh, I would suggest that it's an
> > excellent warning to anyone considering violating the fly rules and
[quoted text clipped - 6 lines]
> drank within 8 hours of flying ignores the BAC - to have a BAC of .08,
> you've been drinking more recently than 8 hours ago.

Well.... they could have been near death when they quit drinking 8
hours prior...

nate

(stop typing so loud!)
Eric Johnson - 23 Jul 2005 08:13 GMT
On 7/22/05 7:21 PM, in article
LW9Ee.2400$0C.1634@newsread3.news.pas.earthlink.net, "Bo Raxo"
<invasions_r_us@thepentagon.removethis.com> wrote:

>> While I agree that 5 years may seem harsh, I would suggest that it's an
>> excellent warning to anyone considering violating the fly rules and
[quoted text clipped - 6 lines]
> drank within 8 hours of flying ignores the BAC - to have a BAC of .08,
> you've been drinking more recently than 8 hours ago.

Agreed.

ej
Ted B. - 22 Jul 2005 19:00 GMT
> I understand your point, Dave, but I think that what you're forgetting
> is that those pilots were working, in effect, for the passengers on
[quoted text clipped - 17 lines]
>
> scooter34

I would suggest that getting FIRED is a pretty good warning, also.  I know
if I was a pilot, I wouldn't risk drinking a few hours before a flight.  I
don't drink anyway, but if I did, I would follow the rules.  These pilots
screwed up, no doubt about it.  They were rightfully punished by losing
their jobs.  They broke a rule.  All else is speculation.  Since when does
someone go to prison because we "think" they might be guilty of something?

I know the emotional reaction is "OMIGOD THEY WERE FLYING DRUNK!  LOCK THEM
UP AND THROW AWAY THE KEY!!!"  Those aren't the facts of the case, though.
All that was proven is that they broke a rule.  A rule for which they were
FIRED, because they broke the rule.

While I could somewhat agree that someone flying drunk deserves prison time,
I think it's sad when someone goes to prison based on mere speculation.  The
emotional side says GOOD!, the logical side says ummmm, Hey, Wait a
inute!  -Dave
Bo Raxo - 22 Jul 2005 19:09 GMT
> I would suggest that getting FIRED is a pretty good warning, also.  I know
> if I was a pilot, I wouldn't risk drinking a few hours before a flight.  I
[quoted text clipped - 7 lines]
> All that was proven is that they broke a rule.  A rule for which they were
> FIRED, because they broke the rule.

They were in the cockpit, ready to fly that plane.  They had taken
possession of it.  They weren't there to do anything BUT fly the plane.
Duh!

Here's an analogy.  Let's say you are drunk.  In most jurisdictions, if you
get in your car and you have the keys, you are guilty of drunk driving.  You
haven't actually put the key in the ignition, or started it, much less left
the parking lot.  But none the less, because you are in the vehicle, with
the keys, ready to operate it, the law sees that you are clearly there to
drive the thing.

Same thing here.

We aren't speculating when we say they were going to fly the plane drunk.
They were legally drunk, they were in the cockpit, pushing away from the
gate and about to make a scheduled flight.  None of this is speculation,
it's all hard facts.  It doesn't take a genius to figure out what would have
happened if nobody had said anything - you think they were going to get to
the runway and suddenly decide to not fly the plane?

Bo Raxo
Ted B. - 22 Jul 2005 19:48 GMT
> We aren't speculating when we say they were going to fly the plane drunk.
> They were legally drunk, they were in the cockpit, pushing away from the
> gate and about to make a scheduled flight.  None of this is speculation,
> it's all hard facts.

Really?  Then you seem to know more about this case than the prosecuting
attorneys did.  Maybe you could enlighten us.  What was the BAC of the
pilots at the time that they boarded the airplane?  Keep in mind that BAC
levels can change up OR down over time.  So while it's unlikely that the
pilots were legally sober when -someone else was pushing the plane around-,
it's still possible that they could have legally flown the airplane.  It's
possible.  Not likely, but possible.  Now go research "reasonable doubt".
Just thinking that someone is probably guilty is NOT enough to convict.  Our
justice system is intentionally biased to allow some criminals to "walk" so
that no innocent people will be unjustly punished.  Not one.  That's why
this case is a clear failure.

I'm saying that a drunk pilot should be punished.  But this conviction was
still wrong.  How would you like to go to prison for five years for DUI
because a prosecutor could prove that you had several drinks SIX HOURS
before you drove your car?  Not enough evidence you say?  Gee, the
prosecutor in this case had nothing else.  A BAC level was measured, but not
at the time of the alleged offense.  Oh, and what if you were just in the
car while it was being towed?  Again, these pilots weren't charged with
ATTEMPTED DUI.   -Dave
Bo Raxo - 22 Jul 2005 20:03 GMT
> > We aren't speculating when we say they were going to fly the plane drunk.
> > They were legally drunk, they were in the cockpit, pushing away from the
[quoted text clipped - 5 lines]
> pilots at the time that they boarded the airplane?  Keep in mind that BAC
> levels can change up OR down over time.

Uh, they can only go UP if you consume more alcohol, or if you are digesting
alcohol already in your system.  Otherwise, normal metabolic processes occur
and they go down.

So the only way their BAC could have gone up after the push away from the
gate is if they had more alcohol in their gastriintestinal tract.  Which
means that during the course of the flight they would have become *more*
drunk.  That's a defense?

> So while it's unlikely that the
> pilots were legally sober when -someone else was pushing the plane around-,
> it's still possible that they could have legally flown the airplane.  It's
> possible.  Not likely, but possible.

Not unless they were given alcoholic beverages after their arrest.  I find
this so unlikely as to be beyond a reasonable doubt.

>Now go research "reasonable doubt".
> Just thinking that someone is probably guilty is NOT enough to convict.  Our
> justice system is intentionally biased to allow some criminals to "walk" so
> that no innocent people will be unjustly punished.  Not one.  That's why
> this case is a clear failure.

They were caught red-handed.  There is no doubt, not the slightest.

> I'm saying that a drunk pilot should be punished.  But this conviction was
> still wrong.  How would you like to go to prison for five years for DUI
> because a prosecutor could prove that you had several drinks SIX HOURS
> before you drove your car?

If I was driving a hundred paying passengers, as part of my job, yeah, a
prison term seems about right.

And if they had drinks six hours before the flight, then their BAC would not
have gone up after the push away from the gate, now would it?

They couldn't have possibly been caught any more red-handed.  If you were
behind the wheel of a car, keys in the ignition, with twice the legal BAC,
tehn you would be convicted of DUI.  Not attemtped anything, but DUI.  I've
known two people who were convicted in such scenarios - one had decided to
sleep off the booze in her car, the other was sitting in a car, engine
turned off, but keys in the ignition and the stereo playing while in the
parking lot of a bar.  Not even on a public street.  Both were arrested for
DUI.  Both were convicted.

Bo Raxo
Eric Johnson - 23 Jul 2005 10:05 GMT
On 7/22/05 9:03 PM, in article
SpbEe.2220$Uk3.1271@newsread1.news.pas.earthlink.net, "Bo Raxo"
<invasions_r_us@thepentagon.removethis.com> wrote:

> I've
> known two people who were convicted in such scenarios - one had decided to
> sleep off the booze in her car, the other was sitting in a car, engine
> turned off, but keys in the ignition and the stereo playing while in the
> parking lot of a bar.  Not even on a public street.  Both were arrested for
> DUI.  Both were convicted.

I believe there is a thread in T.P.D. Where someone describes being arrested
for DUI because he was listening to the stereo he had just installed and was
sitting in the car. He wasn't planning to go anywhere, as the evening was
for a couple of beers and stereo installation.

ej
L Sternn - 23 Jul 2005 18:52 GMT
>On 7/22/05 9:03 PM, in article
>SpbEe.2220$Uk3.1271@newsread1.news.pas.earthlink.net, "Bo Raxo"
[quoted text clipped - 11 lines]
>sitting in the car. He wasn't planning to go anywhere, as the evening was
>for a couple of beers and stereo installation.

It happens and it's a travesty of justice.

It's legislation gone MADD!

>ej
flick - 23 Jul 2005 16:15 GMT
<snipped>

> If I was driving a hundred paying passengers, as part of my job, yeah, a
> prison term seems about right.

Yes.  People who are licensed to operate commercial carriers of any sort
must meet a higher standard than the rest of us, AFAIK.  Especially when it
involves passengers.

flick 100785
Dave Lister - 22 Jul 2005 21:29 GMT
> I'm saying that a drunk pilot should be punished.  But this conviction
> was still wrong.  How would you like to go to prison for five years
[quoted text clipped - 4 lines]
> you were just in the car while it was being towed?  Again, these
> pilots weren't charged with ATTEMPTED DUI.   -Dave

This far far far more serious than a driver doing the same thing. They
should count themselves fortunate.

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L Sternn - 23 Jul 2005 18:47 GMT
>> We aren't speculating when we say they were going to fly the plane drunk.
>> They were legally drunk, they were in the cockpit, pushing away from the
[quoted text clipped - 8 lines]
>it's still possible that they could have legally flown the airplane.  It's
>possible.  Not likely, but possible.  Now go research "reasonable doubt".

Is it really reasonable to believe that their BAC was STILL RISING 6
hours after they quit drinking?

Not only do I think it's unreasonable, I don't believe it's even
possible in people physically fit enough to be able to walk and talk
and I know I'm going out on a limb here, but I seriously doubt the
pilots had to be wheeled onto the plane in wheelchairs and they were
too wasted to be able to say anything.  Don't they have to talk to the
tower before the plane is even pushed back?

>Just thinking that someone is probably guilty is NOT enough to convict.  Our
>justice system is intentionally biased to allow some criminals to "walk" so
[quoted text clipped - 9 lines]
>car while it was being towed?  Again, these pilots weren't charged with
>ATTEMPTED DUI.   -Dave
Kevin Cunningham - 22 Jul 2005 20:43 GMT
>> I would suggest that getting FIRED is a pretty good warning, also.  I
>> know
[quoted text clipped - 40 lines]
>
> Bo Raxo

What Bo is getting at is called in legal circles the Pater Noster rule.  In
1905 or three or somewere in that time the New York Supreme Court was asked
to rule on a question of evidence.  Defendant in a divorce action was
accused of going to a house of ill repute and using the services there in
even though there was no evidence of anything occuring.  The court held that
going in to a house of ill repute was enough evidence.  One justice said
that he in good conciouns could not assume that the defendant was using the
place to say a pater noster (our father).

While the plane was handled correctly up until control was taken away from
the pilot there was a great danger of an accident.  The intent of the law is
to remove and punish a person when their conduct endangers the many such as
on a commercial aircraft.
Bo Raxo - 22 Jul 2005 20:50 GMT
> What Bo is getting at is called in legal circles the Pater Noster rule.  In
> 1905 or three or somewere in that time the New York Supreme Court was asked
[quoted text clipped - 4 lines]
> that he in good conciouns could not assume that the defendant was using the
> place to say a pater noster (our father).

The amazing things I learn amidst the crap on Usenet.  Wasn't familiar with
this term for the concept, thanks!

Hilarious that it was named after the Catholic prayer.
scooter34 - 22 Jul 2005 19:40 GMT
> > I understand your point, Dave, but I think that what you're forgetting
> > is that those pilots were working, in effect, for the passengers on
[quoted text clipped - 34 lines]
> emotional side says GOOD!, the logical side says ummmm, Hey, Wait a
> inute!  -Dave

My emotional reaction isn't "OMG THEY WERE FLYING DRUNK!"  It was, OMG
they were prevented from flying drunk.

I would see firing as more of a punishment if I weren't aware of how
many terminations get overturned under arbitration.  Plus, their
conduct potentially put the passengers of that airline, and anyone in
the flight path of that craft, in danger.

Bo is absolutely correct with his drunk driving analogy.  Some crimes
only require a demonstrable attempt to complete them.  Should they have
been allowed to take off just so you'd feel better about the sentence?

You're crossing the line when you say "go to prison based on
speculation."  What speculation?  When the plane is being pushed away
from the gate, it's extremely logical to assume that the pilot and
co-pilot are planning on flying it.  Are you truly going to argue that
they weren't going to fly?  Even the defense didn't go that far - they
just argued that the crime hadn't been commissioned yet, not that there
was no attempt to commit the crime.

I have always thought that sentences for attempted crimes should be
comparable to sentences for "successful" crimes.  It's usually not the
will of the perpetrator that keeps the act from being completed.  (I
have a great story about a former co-worker of mine that involves a
dress, a large butcher knife, an attempted home invision, and a hero
cat that I could use to entertain and outrage you.)

scooter34
Ted B. - 22 Jul 2005 20:00 GMT
> Bo is absolutely correct with his drunk driving analogy.  Some crimes
> only require a demonstrable attempt to complete them.  Should they have
> been allowed to take off just so you'd feel better about the sentence?

If you were convicted of DUI based on no BAC level at the time you were
attempting to drive, how would you feel about that?  Now imagine that you
were going to prison for five years when NOBODY (not even YOURSELF) knew
what your BAC level was at the time of the alleged offense.  I think it's a
good thing that they weren't allowed to fly.  I also think it is a BAD thing
that they are going to jail based on speculation that they *might* have been
trying to fly drunk.  Do the cops assigned to airport duty in Florida not
have breathalyzers in their cruisers?  I'm somewhat surprised that this case
wasn't tossed by the judge due to lack of evidence, BEFORE TRIAL.  -Dave
scooter34 - 22 Jul 2005 21:24 GMT
> > Bo is absolutely correct with his drunk driving analogy.  Some crimes
> > only require a demonstrable attempt to complete them.  Should they have
[quoted text clipped - 9 lines]
> have breathalyzers in their cruisers?  I'm somewhat surprised that this case
> wasn't tossed by the judge due to lack of evidence, BEFORE TRIAL.  -Dave

Dave, Show me ONE case where someone had no BAC at the time they
attempted to drive and later (without further ingestion of alcohol)
registered above a .08, and I will apologize to you for my complete and
total ignorance.

My understanding of the metabolism of alcohol is that you ingest it,
you metabolize it, your BAC rises.  There is fluctuation between
breathalyzer and blood readings, which is why there can be differences
in the two.  The only things I'm aware of that make your BAC rise are
metabolism of alcohol already consumed and decomposition.  Unless
you're claiming those pilots were actually rotting in their seats, I
just can't see the scenario you're drawing happening (and decomp
doesn't cause a large leap, IIRC.)
Dave C. - 23 Jul 2005 20:07 GMT
> Dave, Show me ONE case where someone had no BAC at the time they
> attempted to drive and later (without further ingestion of alcohol)
[quoted text clipped - 9 lines]
> just can't see the scenario you're drawing happening (and decomp
> doesn't cause a large leap, IIRC.)

EXACTLY!!!  I think it is moronic in the extreme to use a BAC level to
determine if someone is legally "drunk" or not.  And the BAC levels (as
currently set) are themselves extreme, in the sense that a 450 pound man can
have a few sips of wine and get in HUGE TROUBLE if he tries to drive home
afterwards.  But having said that . . .

If we are going to use BAC as the only evidence of "drunkenness", so be it.
Just remember that BAC can go up AND down over time.  So not having BAC
level at time of alleged offense is a huge hole in the prosecution's case.
While I can agree that the pilots were probably GUILTY, the case against
them did not come close to meeting the standard of "beyond a reasonable
doubt".

Guilty or not, this conviction was just plain wrong, as no evidence existed
of any criminal wrong-doing.  The prosecution proved that they broke a
federal law.  For that, they were previously fired, so the efforts of the
prosecuting attorneys were rather redundant, in that sense.  -Dave
Eric Johnson - 23 Jul 2005 21:40 GMT
On 7/23/05 9:07 PM, in article
42e29562$0$1689$892e7fe2@authen.white.readfreenews.net, "Dave C."
<noway@nohow.not> wrote:

> EXACTLY!!!  I think it is moronic in the extreme to use a BAC level to
> determine if someone is legally "drunk" or not

But that is the rule and as shown earlier, they broke the law by meeting
more than one criteria.

ej
Dave Lister - 22 Jul 2005 21:32 GMT
>> Bo is absolutely correct with his drunk driving analogy.  Some crimes
>> only require a demonstrable attempt to complete them.  Should they
[quoted text clipped - 11 lines]
> their cruisers?  I'm somewhat surprised that this case wasn't tossed
> by the judge due to lack of evidence, BEFORE TRIAL.  -Dave

Politically, that was never going to happen. The government had to make a
clear statement. You may argue that they are scapegots or something, but
they, and only they, put themselves into the situation.

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Harry K - 23 Jul 2005 03:15 GMT
> > Bo is absolutely correct with his drunk driving analogy.  Some crimes
> > only require a demonstrable attempt to complete them.  Should they have
[quoted text clipped - 9 lines]
> have breathalyzers in their cruisers?  I'm somewhat surprised that this case
> wasn't tossed by the judge due to lack of evidence, BEFORE TRIAL.  -Dave

You keep bringing up the 'no BAC level'.  My understanding of the case
is that the gate attendant smelled alcohol on them, the plane was
returned to the gate,  they -were- administered BAC at the terminal.  I
don't recall the reading but any at all is sufficient legally for this
case.  There is also a known factor for figuring back, e.g., BAC of .05
4 hours after an accident will equate back to a BAC of over legal 4
hours ago.

There was tons of evidence, hard facts, that came out a trial.  There
was no need for 'guessing', 'speculation' or anything else.  It was a
cut and dried case from the get go.  All the trial was about was
defense trying to downgrade the penalty.  I loved the judges comment
when one of them (the 5 year sentence) one said he felt it was unfair.
Judge 'What is unfair, Sir, is a plane load of innocents not getting a
sober pilot'.  That's not an exact quote but it is close.

As for 'not operating a plane'.  In control and , yes to get really
nitty gritty, they -did- operate it.  They had to have at least
released the brakes, turned on power and such. To claim they weren't
operating it is moronic as was very appropriately brought out by the PA
and other witnesses.

Harry K
Eric Johnson - 23 Jul 2005 09:52 GMT
On 7/22/05 9:00 PM, in article
42e14267$0$21279$892e7fe2@authen.white.readfreenews.net, "Ted B."
<noway@nohow.not.ever> wrote:

> If you were convicted of DUI based on no BAC level at the time you were
> attempting to drive, how would you feel about that?  Now imagine that you
> were going to prison for five years when NOBODY (not even YOURSELF) knew
> what your BAC level was at the time of the alleged offense.

Bulls-eye! The fact that not even the pilots themselves knew if they were
intoxicated is reason enough for them not to have taken control of the
aircraft. You have an obligation to inform your superiors if you are
Unable to carry out your duties under the rules. -Not being certain- that
you can falls under that rule as well.

Also, alcohol processing in a healthy human is known to take place at a
given rate. So one can be reasonably certain within a statistical range and
given their BAC at testing time what their BAC was at any given point
between the time they began drinking until the time they were tested, and
further also one can predict time too sobriety.

ej
Eric Johnson - 23 Jul 2005 09:55 GMT
On 7/22/05 9:00 PM, in article
42e14267$0$21279$892e7fe2@authen.white.readfreenews.net, "Ted B."
<noway@nohow.not.ever> wrote:

> I think it's a
> good thing that they weren't allowed to fly.  I also think it is a BAD thing
> that they are going to jail based on speculation that they *might* have been
> trying to fly drunk.

How many times have you seen an airplane even -come- back to the gate after
pushback?

It happens very seldom, and sometimes at some airports, aircraft are forced
to release the gate because someone else is standing on the taxiway waiting
for it.

In any case the quotations of Federal law in this thread you to be out of
line on this issue.

ej
L Sternn - 23 Jul 2005 18:57 GMT
>On 7/22/05 9:00 PM, in article
>42e14267$0$21279$892e7fe2@authen.white.readfreenews.net, "Ted B."
[quoted text clipped - 7 lines]
>How many times have you seen an airplane even -come- back to the gate after
>pushback?

I've been on a couple of planes where that happened.  They blamed
mechanical failure, which is sometimes just an excuse.  

I suppose the pilots could have suddenly come to their senses and
claimed mechanical failure and forced the plane back to the gate.

>It happens very seldom, and sometimes at some airports, aircraft are forced
>to release the gate because someone else is standing on the taxiway waiting
[quoted text clipped - 4 lines]
>
>ej
Dave C. - 23 Jul 2005 20:13 GMT
> >How many times have you seen an airplane even -come- back to the gate after
> >pushback?
[quoted text clipped - 4 lines]
> I suppose the pilots could have suddenly come to their senses and
> claimed mechanical failure and forced the plane back to the gate.

Well, if my own experience is typical, it happens in about 10% of flights.
But maybe I'm just unlucky?  The worst I can remember is one flight where we
were pushed back.  Then pulled back to the gate.  Then for whatever reason
the plane just SAT THERE, with no engines running.  It sat there for about
an hour.  Remember this was a tightly enclosed airplane in August with NO
A/C.  All the passengers were sweating profusely.  That was about the time I
decided I was going to drive as much as possible.  But then I kept getting
jobs that required frequent airline travel, so that plan didn't work out
very well.  But yeah, getting pushed away from the gate and then returning
does happen quite frequently.  -Dave
Snow - 23 Jul 2005 23:55 GMT
"> Well, if my own experience is typical, it happens in about 10% of
flights.
> But maybe I'm just unlucky?  The worst I can remember is one flight where
> we
[quoted text clipped - 7 lines]
> very well.  But yeah, getting pushed away from the gate and then returning
> does happen quite frequently.  -Dave

What airline and aircraft type were you on?  I no of NONE of the commercial
aircraft that don't have a/c.

Snow...
Dave C. - 24 Jul 2005 02:09 GMT
> What airline and aircraft type were you on?  I no of NONE of the commercial
> aircraft that don't have a/c.
>
> Snow...

Oh they all have A/C.  Problem is, engine has to be running.  Or I believe
there is a way to power it from the ground, also.  I've been on several
flights where (on the ground) there was NO A/C.  -Dave
Pooh Bear - 24 Jul 2005 02:45 GMT
> > What airline and aircraft type were you on?  I no of NONE of the
> commercial
[quoted text clipped - 4 lines]
> Oh they all have A/C.  Problem is, engine has to be running.  Or I believe
> there is a way to power it from the ground, also.

The so-called 'ground cart'.

>  I've been on several
> flights where (on the ground) there was NO A/C.  -Dave

I'm trying to recall where the a/c was active before the engines were lit and
failing fast.

I can even recall a train journey ( on the 'Flying Scotsman' - the 10:00
departure for Edinburgh ) where we were sweltering in the carriage in Kings
Cross Station. As soon as we got moving the air chilled nicely.

Its simply because a/c needs some power to work it.

Graham
Eric Johnson - 24 Jul 2005 09:31 GMT
On 7/24/05 3:45 AM, in article 42E2F2B1.43A331BD@hotmail.com, "Pooh Bear"
<rabbitsfriendsandrelations@hotmail.com> wrote:

> I'm trying to recall where the a/c was active before the engines were lit and
> failing fast.

The AC, if needed, is on and powered by the APU until the engines are
started and the electrical bus is changed.

ej
Eric Johnson - 24 Jul 2005 09:25 GMT
On 7/24/05 3:09 AM, in article
42e2ea50$0$8030$892e7fe2@authen.white.readfreenews.net, "Dave C."
<noway@nohow.not> wrote:

> Oh they all have A/C.  Problem is, engine has to be running.  Or I believe
> there is a way to power it from the ground, also.  I've been on several
> flights where (on the ground) there was NO A/C.  -Dave

They all have what is called an APU or auxiliary power unit which is a small
jet engine which turns a generator to provide power.

If they are having problems with the electrical busses, it is possible that
no power was available on board, and none could be connected externally
because the bus carrying the electricity is out of order.

In  these cases the plane should be off-loaded.

ej
Dave Lister - 24 Jul 2005 18:51 GMT
> On 7/24/05 3:09 AM, in article
> 42e2ea50$0$8030$892e7fe2@authen.white.readfreenews.net, "Dave C."
[quoted text clipped - 6 lines]
> They all have what is called an APU or auxiliary power unit which is a
> small jet engine which turns a generator to provide power.

Why do they use jet engines for the APU?

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Pooh Bear - 25 Jul 2005 03:24 GMT
> > On 7/24/05 3:09 AM, in article
> > 42e2ea50$0$8030$892e7fe2@authen.white.readfreenews.net, "Dave C."
[quoted text clipped - 8 lines]
>
> Why do they use jet engines for the APU?

Actually, strictly speaking, they're small gas turbines.

I expect they use them since they run on the same fuel as the main engines.

Graham
Dave Lister - 25 Jul 2005 07:15 GMT
>> > On 7/24/05 3:09 AM, in article
>> > 42e2ea50$0$8030$892e7fe2@authen.white.readfreenews.net, "Dave C."
[quoted text clipped - 11 lines]
>
> Actually, strictly speaking, they're small gas turbines.

That's what I thought. They are interested in RPMs, not thrust.

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Eric Johnson - 25 Jul 2005 13:15 GMT
On 7/25/05 4:24 AM, in article 42E44D4D.931F0440@hotmail.com, "Pooh Bear"
<rabbitsfriendsandrelations@hotmail.com> wrote:

>>> On 7/24/05 3:09 AM, in article
>>> 42e2ea50$0$8030$892e7fe2@authen.white.readfreenews.net, "Dave C."
[quoted text clipped - 14 lines]
>
> Graham

Bingo.

ej
L Sternn - 24 Jul 2005 06:44 GMT
>"> Well, if my own experience is typical, it happens in about 10% of
>flights.
[quoted text clipped - 12 lines]
>What airline and aircraft type were you on?  I no of NONE of the commercial
>aircraft that don't have a/c.

It really sucks when I have to share my flight with f.cking morons
like you.

>Snow...
Dave Lister - 24 Jul 2005 18:23 GMT
>>"> Well, if my own experience is typical, it happens in about 10% of
>>flights.
[quoted text clipped - 15 lines]
> It really sucks when I have to share my flight with f.cking morons
> like you.

I'm sure they feel the same way about you.

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Eric Johnson - 24 Jul 2005 08:34 GMT
On 7/24/05 12:55 AM, in article
zXzEe.12669$je2.1312223@news20.bellglobal.com, "Snow" <snowbal@sympatico.ca>
wrote:

> What airline and aircraft type were you on?  I no of NONE of the commercial
> aircraft that don't have a/c.

He said it wasn't turned on.

From  his description it sounds as if there was a bleed air or a generator
problem.
ej
Snow - 24 Jul 2005 16:54 GMT
bleed air problem they would have used a ground cart to supply air, if it
was a generator problem the bleed would still work with ground power
connected (all until the #1 engine is started).

If the systems could not be used in one of these two ways the plane would
have been grounded.

Snow...
Snow - 25 Jul 2005 20:00 GMT
Guess DJ is still trying to get answers for this one????

Snow...

> bleed air problem they would have used a ground cart to supply air, if it
> was a generator problem the bleed would still work with ground power
[quoted text clipped - 4 lines]
>
> Snow...
Eric Johnson - 25 Jul 2005 22:06 GMT
On 7/25/05 9:00 PM, in article YHaFe.1368$q23.326436@news20.bellglobal.com,

> Guess DJ is still trying to get answers for this one????

It is EJ, and there was no question.

ej
Eric Johnson - 23 Jul 2005 10:00 GMT
On 7/22/05 9:00 PM, in article
42e14267$0$21279$892e7fe2@authen.white.readfreenews.net, "Ted B."
<noway@nohow.not.ever> wrote:

> Do the cops assigned to airport duty in Florida not
> have breathalyzers in their cruisers?  I'm somewhat surprised that this case
> wasn't tossed by the judge due to lack of evidence, BEFORE TRIAL.  -Dave

They obviously did not have lack  of evidence. In fact, according to the
federal law quoted in this thread, they committed the offenses under
multiple criteria.

And the testimony of the gate agents about smelling booze and seeing
intoxicated behavior?

And it is likely that the breathalyzers owned by the cops guarding the
airport, if indeed they are Miami-Dade police, are assigned to traffic
police.

ej
Eric Johnson - 23 Jul 2005 09:40 GMT
On 7/22/05 8:40 PM, in article
1122057617.271922.310110@f14g2000cwb.googlegroups.com, "scooter34"
<momofpeanutLiz@netscape.net> wrote:

> Bo is absolutely correct with his drunk driving analogy.  Some crimes
> only require a demonstrable attempt to complete them.  Should they have
> been allowed to take off just so you'd feel better about the sentence?

Interestingly enough, at least at the airline for which my father and
brother fly, the drug tests -are- made -after- the flight.

ej
Eric Johnson - 23 Jul 2005 09:42 GMT
On 7/22/05 8:40 PM, in article
1122057617.271922.310110@f14g2000cwb.googlegroups.com, "scooter34"
<momofpeanutLiz@netscape.net> wrote:

> (I
> have a great story about a former co-worker of mine that involves a
> dress, a large butcher knife, an attempted home invision, and a hero
> cat that I could use to entertain and outrage you.)
>
> scooter34

Poor kitty!

ej
Eric Johnson - 23 Jul 2005 09:01 GMT
On 7/22/05 8:00 PM, in article
42e13453$0$48592$892e7fe2@authen.white.readfreenews.net, "Ted B."
<noway@nohow.not.ever> wrote:

> They were rightfully punished by losing
> their jobs.  They broke a rule.

No, they broke rules and laws.

The rule violations are rightly punished by termination.

But it is still a -crime- under the law what they did.

And they have to be punished for that as well.

There is no double jeopardy here, and no excessive punishment.

They knew it was both illegal and against the company rules as well as pilot
ethics.

ej
Eric Johnson - 23 Jul 2005 09:04 GMT
On 7/22/05 8:00 PM, in article
42e13453$0$48592$892e7fe2@authen.white.readfreenews.net, "Ted B."
<noway@nohow.not.ever> wrote:

> All else is speculation

No. They broke a law.

If you and I break a law which coincidentally causes us to lose our
employment, say by stealing from the employer, do you think that simple job
loss should erase the crime to the point where the law is simply ignored?

ej
Eric Johnson - 23 Jul 2005 09:17 GMT
On 7/22/05 8:00 PM, in article
42e13453$0$48592$892e7fe2@authen.white.readfreenews.net, "Ted B."
<noway@nohow.not.ever> wrote:

> I know the emotional reaction is "OMIGOD THEY WERE FLYING DRUNK!  LOCK THEM
> UP AND THROW AWAY THE KEY!!!"

Yes, they were, and they were willing to endanger hundreds if not thousands
of people by operating a vehicle weighing 150,000 pounds in an an
unsatisfactory state of mental awareness.

Sounds like a crime worth punishing to me.

Should they be able to go to another carrier and get a job?

ej
Eric Johnson - 23 Jul 2005 09:19 GMT
On 7/22/05 8:00 PM, in article
42e13453$0$48592$892e7fe2@authen.white.readfreenews.net, "Ted B."
<noway@nohow.not.ever> wrote:

> Those aren't the facts of the case, though.
> All that was proven is that they broke a rule.  A rule for which they were
> FIRED, because they broke the rule.

No, they broke both a rule and a law.

Probably more than 1 law, as there is likely a state and a federal crime
that was committed.

The broke the rule and were fired.

They broke the law and were jailed.

What is so hard for you to accept here.

ej
Eric Johnson - 23 Jul 2005 09:24 GMT
On 7/22/05 8:00 PM, in article
42e13453$0$48592$892e7fe2@authen.white.readfreenews.net, "Ted B."
<noway@nohow.not.ever> wrote:

> While I could somewhat agree that someone flying drunk deserves prison time,
> I think it's sad when someone goes to prison based on mere speculation

Did they blow the readings or not?

From Channel 4 in Miami's website:

"The pilots had been at the bar up until about six hours before their
departure time; federal rules say pilots cannot drink in the eight hours
before a flight. Police stepped in after screeners smelled alcohol on their
breath.

Tested hours later, their blood-alcohol levels were above Florida's 0.08
percent limit for drunken driving, which includes aircraft, according to
testimony. Their levels were probably much higher when they were in the
cockpit, the experts said.

Testimony showed that Cloyd and Hughes ran up a $122 tab and drank seven
34-ounce glasses and seven 16-ounce glasses of beer over six hours at the
bar. At dinner before that, they had wine and Cloyd drank a martini,
prosecutors said."

$122 bar tab? 61 dollars a piece? At the bar until six hors before
departure?

I'll bet they didn't get much sleep, either.

Notice Florida's drink drive law includes aircraft.

Notice that at test time, hours after arrest in the cockpit they were above
.08.

Yer defending the indefensible here.

ej
Dave Lister - 22 Jul 2005 21:27 GMT
> While I agree that 5 years may seem harsh, I would suggest that it's
> an excellent warning to anyone considering violating the fly rules and
> getting in the cockpit of a piece of machinery that could kill over
> 100 people.

Exactly. They could string them up by their balls for 5 years and it
wouldn't be too much penalty.

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Eric Johnson - 23 Jul 2005 08:06 GMT
On 7/22/05 7:04 PM, in article
42e12739$0$28192$892e7fe2@authen.white.readfreenews.net, "Ted B."
<noway@nohow.not.ever> wrote:

> Why do you believe that the passengers were in danger?

It is very difficult under the best of circumstances to fly a commercial
aircraft, even under the best of conditions.

But  if you add drunkenness to traffic and weather,and jet lag with lack of
proper sleep, you have pilots unfit to deal with an emergency, incident or
accident, and they may even cause one, too.
That is how the passengers were in danger.

Can I fly you around drunk? Or would you rather have a sober pilot?

ej
Eric Johnson - 23 Jul 2005 08:09 GMT
On 7/22/05 7:04 PM, in article
42e12739$0$28192$892e7fe2@authen.white.readfreenews.net, "Ted B."
<noway@nohow.not.ever> wrote:

> But there aren't enough facts known to make that
> determination.  So what makes you think the passengers were in danger?
> You're just guessing, aren't you?

Given they were convicted, at least 12 jurors, a judge and a prosecutor had
enough facts.

They were in danger because alcohol laden pilots cannot handle emergencies
correctly.

The plane will actually fly to and land itself at its destination, and a
tipsy person could likely push the autopilot buttons in sequence correctly
to make this happen, but what happens if something goes wrong?

ej
Dave C. - 23 Jul 2005 20:19 GMT
> Given they were convicted, at least 12 jurors, a judge and a prosecutor had
> enough facts.

Tell that to all the prisoners on death row who were later proved totally
innocent by DNA evidence pointing to another person who CONFESSED to the
crime.  A verdict can be wrong.  If you don't believe that, review the OJ
Simpson and Louise Woodward trials.  A guilty verdict does not prove that a
crime was committed.  Nor does a "not guilty" verdict necessarily mean that
no crime was committed.    -Dave
Pooh Bear - 23 Jul 2005 20:55 GMT
> > Given they were convicted, at least 12 jurors, a judge and a prosecutor
> had
[quoted text clipped - 6 lines]
> crime was committed.  Nor does a "not guilty" verdict necessarily mean that
> no crime was committed.    -Dave

I'm inclined to mention those mothers ( well mainly mothers ) in the UK who
were found guilty of killing their babies by shaking them.

The medical 'evidence' has now been largely discredited and quite substantial
numbers of those formerly convicted are being released from prison. A couple of
paediatric consultants have come in for heavy criticism over the whole affair
and some sanctions have been applied but I don't see how that can ever compare
to the distress to their 'victims' whose families have been torn apart.

In the USA would a mother found guilty of killing her child likely be executed
?

And this was all done in good faith at the time.

Graham
Dave C. - 24 Jul 2005 02:26 GMT
> I'm inclined to mention those mothers ( well mainly mothers ) in the UK who
> were found guilty of killing their babies by shaking them.
[quoted text clipped - 11 lines]
>
> Graham

Depending on the circumstances of the crime, HELL YES a mother could be
EXECUTED in the USA for killing her child.  But then, not all states have
the death penalty.  Still, in states with the death penalty, a conviction
for first degree murder can carry the death penalty, regardless of the
relationship of the perp to the victim(s).  I doubt very much you'd see it
in a "shaken baby" case, though.  More likely, if a mother shook a baby and
the baby later died, it would probably lead to a conviction on manslaughter
charges, and some time in prison.  Still, it is scary as Hell to read about
all the false convictions in the UK for shaken baby.  I know we have just as
many false convictions in the U.S. for shaken baby syndrome.  (probably a
lot more)

The Louise Woodward case was interesting (on this topic) as it was a UK
woman wrongfully convicted of causing the death of a baby in Massachusetts.
The injuries that led to the baby's death in that case could have been a
result of physical abuse of some sort.  But they were more likely caused by
an accidental fall of a few feet.  The only thing that was proven (by the
defense witnesses, and ironically stipulated by a prosecution witness on
rebuttal) is that the fatal injury was weeks old before it was discovered.

Now, nobody knows exactly what happened to the poor child who died in the
Louise Woodward case.  The only thing known for certain is that IF the child
was abused, it may or may not have been Louise Woodward who abused him, as
there was no way to know who (if anybody) was with the child at the exact
moment that the skull fracture (probably from an accidental fall) happened.
But relating this back to your comments . . .

If the evidence was stronger, and the crime was pre-planned, and
Massachusetts had a death penalty at the time, this woman (Woodward) from
the UK might have been facing the death penalty in the USA for a shaken baby
conviction.  Yikes.  -Dave
Eric Johnson - 23 Jul 2005 08:10 GMT
On 7/22/05 7:04 PM, in article
42e12739$0$28192$892e7fe2@authen.white.readfreenews.net, "Ted B."
<noway@nohow.not.ever> wrote:

> The only fact known in this case is that the pilots violated federal rules
> by drinking within 8 hours of when they were supposed to fly.  For that,
> they were fired.  Seems reasonable.  Jail also?

Yes, firing is a company punishment.

The law had also been broken, and a punishment for that is jail time.

ej
Snow - 22 Jul 2005 18:30 GMT
You don't know much about flying aircraft nor the systems that control them
either do you????

Certain planes and majority of all North American airports have systems that
allow the planes to take-off, fly and land themselves. Some even have the
equipment to allow the plane to taxi.  Not to mention, most engine starts
are a single push button operation, and once the NAV computers have aligned
(takes about 40 seconds) its push in way points (or pre-loaded FMS flight
database) and the plane will do the rest.  As for taxiing, its a piece of
piss easier then driving a car.

Snow...

>> Even if the BAC at arrest time was over .08,
>> that doesn't necessarily mean that the pilots were incapable of safely
[quoted text clipped - 24 lines]
>
> E.P.
Laura Bush murdered her boy friend - 22 Jul 2005 18:52 GMT
> You don't know much about flying aircraft nor the systems that control them
> either do you????
[quoted text clipped - 6 lines]
> database) and the plane will do the rest.  As for taxiing, its a piece of
> piss easier then driving a car.

HAHAHA.  Listen to this loonybird defend drunk pilots!!!!
Aunt Judy likes it in the rear - 22 Jul 2005 22:25 GMT
> > You don't know much about flying aircraft nor the systems that control them
> > either do you????
[quoted text clipped - 8 lines]
>
> HAHAHA.  Listen to this loonybird defend drunk pilots!!!!

That's almost as retarded as your defense of drunk senators and
pot-head ex-presidents.
Snow - 22 Jul 2005 23:53 GMT
Hey Loon your wrong AGAIN !!!!  I never once defended the pilots...  I was
defending the statements made as to whether the pilots could still fly the
plane, which YES they could have, as the plane will fly by itself.

Snow...

>> You don't know much about flying aircraft nor the systems that control
>> them
[quoted text clipped - 11 lines]
>
> HAHAHA.  Listen to this loonybird defend drunk pilots!!!!
Eric Johnson - 23 Jul 2005 12:57 GMT
On 7/23/05 12:53 AM, in article lPeEe.7203$Qi4.921455@news20.bellglobal.com,

> Hey Loon your wrong AGAIN !!!!  I never once defended the pilots...  I was
> defending the statements made as to whether the pilots could still fly the
> plane, which YES they could have, as the plane will fly by itself.

But could they handle an emergency, which is what they are there for.

And even one operating a computer drunk is prone to error.
Eric Johnson - 23 Jul 2005 08:55 GMT
On 7/22/05 7:52 PM, in article
1122054739.246516.103020@g14g2000cwa.googlegroups.com, "Laura Bush murdered
her boy friend" <xeton2001@yahoo.com> wrote:

>> You don't know much about flying aircraft nor the systems that control them
>> either do you????
[quoted text clipped - 8 lines]
>
> HAHAHA.  Listen to this loonybird defend drunk pilots!!!!

This is what I can't understand, unless this guy is a drinker and a pilot.

ej
gcmschemist@gmail.com - 22 Jul 2005 18:59 GMT
> You don't know much about flying aircraft nor the systems that control them
> either do you????
>
> Certain planes and majority of all North American airports have systems that
> allow the planes to take-off, fly and land themselves.

But the *don't* take off and land themselves.  That's done just as much
"by hand" as it has been since Wilbur and Orville did their thing at
Kitty Hawk.

The systems by which this is done might become automated to a degree,
but the decision-makers still sit at the very front of the aircraft.

OK, since you want to be contrary, name the airlines and aircraft that
use no pilot input from ramp to ramp.

E.P.
The Shadow Knows... - 22 Jul 2005 20:11 GMT
>> You don't know much about flying aircraft nor the systems that control them
>> either do you????
[quoted text clipped - 13 lines]
>
>E.P.

 Actually, the aircraft in question - the Airbus A-318/319/320/321
series can takeoff and land without input from the pilot.  FAA
Regulations, however, do not permit that kind of operation, they
require a pilot in control during these stages of the flight.  This
particular series of aircraft was controversial when it was introduced
due to design concept of automation taking over from human control.
In order to be certified in the United States, Airbus modified several
systems to allow greater pilot control of the plane.  This became of
particular interest after the 1988 crash of an Air France A-320 at
Habsheim, France during an airshow.  Investigation showed that the
aircraft's automated systems were commanding the plane to land during
a low pass over the airshow crowd, while the pilot was fighting the
computer for control.  The end result is that the plane crashed into
the forest just beyond the runway, killing three people aboard the
jet.  
 The automation is all well and good in certain aspects, but you
still need alert persons to monitor the automated functions and take
control when necessary.  So, IMO, violating the 8-hour "Bottle to
Throttle" rule is inexcusable.   That said, I don't think jail time
does any good in this situation.  The careers of these pilots are over
- sending them to jail only means taxpayers have to pay for their
housing.  These guys have known little in their working life besides
flying aircraft, and they aren't going to be able to do it ever again,
at least not commercially.  They have a future of being Wal-Mart
greeters of learning how to say "You want fries with that?"  For a
pilot, having your wings clipped is worse than any prison term.  Being
a pilot is not just a job - it's something that gets in your blood,
your very nature.  You take the sky away from a pilot and you have one
of the most humbled people around.
Bo Raxo - 22 Jul 2005 20:21 GMT
> That said, I don't think jail time
> does any good in this situation.  The careers of these pilots are over
> - sending them to jail only means taxpayers have to pay for their
> housing.

I'm betting the passengers on that plane would disagree.

>These guys have known little in their working life besides
> flying aircraft, and they aren't going to be able to do it ever again,
> at least not commercially.

Nonsense.  They'll move to another country.  Probably within a few years of
their being released from prison they will be either commercial pilots or
flight instructors in some corner of the world.

Bo Raxo
The Shadow Knows... - 22 Jul 2005 21:48 GMT
>> That said, I don't think jail time
>> does any good in this situation.  The careers of these pilots are over
>> - sending them to jail only means taxpayers have to pay for their
>> housing.
>
>I'm betting the passengers on that plane would disagree.

 Yeah, well, we're all about vengance and punitiveness in this
nation, aren't we?  These two idiots aren't going to to "learn"
anything in jail, and they are out of their careers.  Society is not
benefitting by locking them up.

>>These guys have known little in their working life besides
>> flying aircraft, and they aren't going to be able to do it ever again,
[quoted text clipped - 3 lines]
>their being released from prison they will be either commercial pilots or
>flight instructors in some corner of the world.

 They can apply for reinstatement, but something this high-profile
isn't likely to get them their tickets back.  These guys will never
get their careers back - if they are lucky, they may end up as freight
dogs in South America.  I don't think you really understand the
airline industry and how difficult it is to get back in once you've
f.cked up.  If the FAA pulls your ticket, you're pretty much screwed
with everyone who isn't a half-assed banana-hauler operating in a
country that doesn't give a sh.t.  And a lot of these operations
aren't permitted landing rights in the U.S. because drunk pilots are
the least of the concerns - planes that fall apart are.  These guys
are gone - they will never enjoy the income and benefits they once had
and sacrificed with a night of partying.
Eric Johnson - 23 Jul 2005 12:03 GMT
On 7/22/05 10:48 PM, in article obm2e19re3cn6clj9afdplgpgupjnue2f8@4ax.com,

> would disagree.
>
> Yeah, well, we're all about vengance and punitiveness in this
> nation, aren't we?  These two idiots aren't going to to "learn"
> anything in jail, and they are out of their careers.  Society is not
> benefitting by locking them up.
Correct. They are being punished for their crimes.

ej
Dave Lister - 22 Jul 2005 21:34 GMT
> So, IMO, violating the 8-hour "Bottle to
> Throttle" rule is inexcusable.   That said, I don't think jail time
> does any good in this situation.

It sends a clear message to any other pilots contemplating drinking before
a flight a very clear message - not only will you lose your job, you will
lose your freedom.

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The Shadow Knows... - 22 Jul 2005 21:49 GMT
>> So, IMO, violating the 8-hour "Bottle to
>> Throttle" rule is inexcusable.   That said, I don't think jail time
[quoted text clipped - 3 lines]
>a flight a very clear message - not only will you lose your job, you will
>lose your freedom.

Like the death penalty has stopped murder?
Lorraine - 22 Jul 2005 22:17 GMT
>>It sends a clear message to any other pilots contemplating drinking before
>>a flight a very clear message - not only will you lose your job, you will
>>lose your freedom.
>
>Like the death penalty has stopped murder?

Anecdotal data disclaimer applies:  I know several, maybe many, that
have taken the risk of a DUI more seriously since the company I work for
has said that it's grounds for dismissal, or at the very least, a
downgrade into a non-driving job.  Prior to that the potential fine/jail
time alone didn't have the same effect.

Just where is the cutoff between several and many?

L.
Dave Lister - 22 Jul 2005 22:34 GMT
>>> So, IMO, violating the 8-hour "Bottle to
>>> Throttle" rule is inexcusable.   That said, I don't think jail time
[quoted text clipped - 5 lines]
>
> Like the death penalty has stopped murder?

At least the person murdering won't do it again.

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The Shadow Knows... - 23 Jul 2005 01:51 GMT
>>>> So, IMO, violating the 8-hour "Bottle to
>>>> Throttle" rule is inexcusable.   That said, I don't think jail time
[quoted text clipped - 7 lines]
>
>At least the person murdering won't do it again.

 Great arguement, and I'm sure you are aware that if you killed every
person on the planet, there would be no crime?  The fact is the death
penalty is not serving as the deterrent its advocates claim it is, and
it actually costs more to put someone to death than it does to just
let them rot in prison.
Dave Lister - 23 Jul 2005 03:22 GMT
>>>>> So, IMO, violating the 8-hour "Bottle to
>>>>> Throttle" rule is inexcusable.   That said, I don't think jail time
[quoted text clipped - 13 lines]
> it actually costs more to put someone to death than it does to just
> let them rot in prison.

We aren't discussing the death penalty, loon, we are talking about the
prison time deserved by those pilots.

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The Shadow Knows... - 23 Jul 2005 04:20 GMT
>>>>>> So, IMO, violating the 8-hour "Bottle to
>>>>>> Throttle" rule is inexcusable.   That said, I don't think jail
[quoted text clipped - 17 lines]
>We aren't discussing the death penalty, loon, we are talking about the
>prison time deserved by those pilots.

 Um, by the nature of your first reply, guess what?  We're discussing
the death penalty.
Dave Lister - 23 Jul 2005 04:50 GMT
>>>>>>> So, IMO, violating the 8-hour "Bottle to
>>>>>>> Throttle" rule is inexcusable.   That said, I don't think jail
[quoted text clipped - 20 lines]
>   Um, by the nature of your first reply, guess what?  We're discussing
> the death penalty.

No, this was brought up by your comment "Like the death penalty has
stopped murder?"

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The Shadow Knows... - 23 Jul 2005 16:22 GMT
>>>>>>>The Shadow Knows... <i.am.me.as.you.are.he@the_walrus.com> wrote
>in
[quoted text clipped - 31 lines]
>No, this was brought up by your comment "Like the death penalty has
>stopped murder?"

 Um, but did I move your hand on the mouse and made you click on
"reply"?  Why, no, I didn't...how about that?  You made it a
discussion by replying.  See, when I throw something out and nobody
replies, it's just something I threw out.  When someone replies, then
it becomes a discussion.  
Dave Lister - 24 Jul 2005 02:09 GMT
>>>>>>>>The Shadow Knows... <i.am.me.as.you.are.he@the_walrus.com> wrote
>>in
[quoted text clipped - 37 lines]
> replies, it's just something I threw out.  When someone replies, then
> it becomes a discussion.  

You are a kook.

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The Shadow Knows... - 24 Jul 2005 05:32 GMT
>>>>>>>The Shadow Knows... <i.am.me.as.you.are.he@the_walrus.com> wrote
>in
[quoted text clipped - 47 lines]
>
>You are a kook.

 Name-calling - that's a great way to bow out of any discussion,
isn't it?
Dave Lister - 24 Jul 2005 05:37 GMT
>>>>>>>>The Shadow Knows... <i.am.me.as.you.are.he@the_walrus.com> wrote
>>in
[quoted text clipped - 50 lines]
>   Name-calling - that's a great way to bow out of any discussion,
> isn't it?

It is an observation, loon, nothing more.

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The Shadow Knows... - 24 Jul 2005 06:31 GMT
>>>>>>>The Shadow Knows... <i.am.me.as.you.are.he@the_walrus.com> wrote
>in
[quoted text clipped - 60 lines]
>
>It is an observation, loon, nothing more.

 Yep, thank you for proving my point.  Can't discuss the issue, only
throw names out.  Oh well, no worries - have a nice day and I'll talk
to you later, if I'm that unlucky.
Eric Johnson - 24 Jul 2005 09:33 GMT
On 7/24/05 6:37 AM, in article
Xns969CDBEA0C470retsildivad33hotmail@68.6.19.6, "Dave Lister"
<retsildivad33@hotmail.com> wrote:

>>   Name-calling - that's a great way to bow out of any discussion,
>> isn't it?
>
> It is an observation, loon, nothing more.

No,dave, it is SOP for you when someone dares to disagree with you.

You are addicted to your own arrogance.

Seek help.

ej
Dave Lister - 24 Jul 2005 18:25 GMT
Eric Johnson <erj66@xs4all.nl> wrote in news:BF091EE3.8D774%erj66
@xs4all.nl:

> On 7/24/05 6:37 AM, in article
> Xns969CDBEA0C470retsildivad33hotmail@68.6.19.6, "Dave Lister"
[quoted text clipped - 8 lines]
>
> You are addicted to your own arrogance.

No, junkie, it is an observation of unbalance in your posts.