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Mon, Mar 31, 2003

EAA: New York Member Alert

State Proposes Bill To Prohibit Student Pilots Under 17

EAA circulated a New York State Member Alert on last week, asking its 4,000 members there to write Assembly Bill A03899 sponsors, as well as their local representative, to oppose proposed legislation to prevent persons under age 17 from piloting an airplane.

As we warned you over two weeks ago, Republican State Assembly members Bob Barra (14th district), Tom Alfano (21st district), Tom Kirwan (100th district), and David Townsend (115th district) introduced the bill to “amend the general business law, in relation to prohibiting persons less than 17 years of age from operating aircraft” in New York.

Taking Away FAA Authority

EAA’s primary objection to this proposed legislation is that it attempts to usurp federal government regulation. “It is the FAA’s responsibility, not the states’, to regulate pilots and student pilots,” said EAA Vice President of Government Relations Earl Lawrence. This legislation is ostensibly aimed to prevent the kind of incident that occurred in 2001 in Tampa (FL), in which a 15-year-old committed suicide by crashing a stolen plane into a building. “What the 15-year-old in Florida did is already illegal under the existing federal regulations,” Lawrence said. “The passage of a state law will not change or reduce the chance that another 15-year-old will steal an aircraft.”

Since that unfortunate incident, the FAA has put in place—and flight schools have incorporated a set of provisions to reduce the chance that anyone, not just a 15-year-old, can gain unauthorized access to an aircraft. However, NY Assembly Bill A03899 would also prohibit a 16-year-old from obtaining his/her student pilot certificate, currently authorized under the federal regulations. The bill also prohibits 15-year-olds from obtaining their glider student pilot certificate, also allowed under the current federal regulations.

The security of aircraft and pilot training continues to be addressed by federal legislation, the Transportation Security Administration, and FAA. Numerous new laws, regulations, and agencies’ policies have been enacted since September 11, 2001 to deal with aircraft security and regulating those eligible to obtain pilot training. Aviation regulation is the federal government’s jurisdiction, not local authorities. They do not have a full understanding of the national security risks or pilot training requirements as do those national agencies designated by Congress to regulate aviation and aviation security, said the EAA.

FMI: www.eaa.org

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