AOPA Sues State Of New York Over Background Checks For Student Pilots | Aero-News Network
Aero-News Network
RSS icon RSS feed
podcast icon MP3 podcast
Subscribe Aero-News e-mail Newsletter Subscribe

Airborne Unlimited -- Most Recent Daily Episodes

Episode Date

Airborne-Monday

Airborne-Tuesday

Airborne-Wednesday Airborne-Thursday

Airborne-Friday

Airborne On YouTube

Airborne-Unlimited-10.28.24

Airborne-NextGen-10.29.24

Airborne-Unlimited-10.30.24

Airborne-Unlimited-10.24.24

Airborne-Unlimited-10.25.24

Thu, Dec 07, 2006

AOPA Sues State Of New York Over Background Checks For Student Pilots

Says Rule Violates Constitutional Law

The Aircraft Owners and Pilots Association, along with seven New York flight schools, filed a lawsuit in Federal court Wednesday challenging the constitutionality of a state law requiring criminal background checks for all flight school students.

"This law is unnecessary, discriminatory, anti-business, and ineffective," said AOPA President Phil Boyer, "and it violates the U.S. Constitution."

"AOPA tried to work with the New York legislature on this issue, then gave the governor compelling reasons to veto the bill," Boyer added. "AOPA fought a similar law in Michigan and won. We're still looking for a mutually acceptable compromise with the state of New York, but we'll fight this one all the way to the Supreme Court if we have to."

AOPA says the issue is not about security, but rather whether state law can supercede federal guidelines when it comes to aviation security. The lawsuit states that Congress has enacted legislation to create, "a single, uniform system of regulation for the safety and security of aviation, to be maintained by the federal government."

Because Congress did that, any state attempts to regulate security would be a violation of the Supremacy Clause (Article VI, clause 2) of the US Constitution -- and therefore preempted.

And were states permitted to enact their own aviation security laws, it would create a patchwork of dissimilar and conflicting laws across the nation, "frustrating the purpose of a uniform and consistent system of safety regulation," according to the suit.

AOPA also claims the New York law can't achieve its stated purpose, because the law requires the state to run a criminal background check on any flight school applicant through the FBI.

The FBI will not allow New York to access its criminal database when the information is to be provided to a third party, however. So the state would only be able to examine criminal histories contained within its own records, "severely constraining any effectiveness the new screening measure otherwise might have had."

Any criminal history in another state wouldn't be revealed by the New York check.

"Beyond the constitutional issues, the New York law stands to hurt many small businesses in the state," said Boyer. "Faced with the expense of a background check, many prospective student pilots may decide to forego flight training, or worse for the New York flight schools, do their training in a neighboring state."

In fact, that's already happened. One of the plaintiffs in the lawsuit, East Hill Flying Club, has been unable to sign up any new students since the law went into effect. Another plaintiff, American Flyers, is not accepting any new students at its Westchester County Airport facility, and will close that flight school as soon as its current students complete training, in part due to the requirements of the New York law.

Five other plaintiffs have also experienced -- or anticipate experiencing -- significant economic losses because of the law.

"Bottom line, nothing in this law makes New Yorkers any safer, but it sure will make some of them poorer," said Boyer.

FMI: www.aopa.org

Advertisement

More News

Senator Pushes FAA to Accelerate Rocket Launch Licensing

States That Current Process is Damaging National Aerospace Development US Senator Jerry Morgan is pushing the FAA to speed up the process for rocket launch licensing. He argues tha>[...]

Classic Aero-TV: RJ Gritter - Part of Aviation’s Bright New Future

From 2015 (YouTube Edition): Model Aviator Aims For Full-Scale Career While at the 2015 Indoor Electric RC Festival, referred to as eFest, ANN CEO and Editor-In-Chief, Jim Campbell>[...]

Aero-FAQ: Dave Juwel's Aviation Marketing Stories -- ITBOA BNITBOB

Dave Juwel's Aviation Marketing Stories ITBOA BNITBOB ... what does that mean? It's not gibberish, it's a lengthy acronym for "In The Business Of Aviation ... But Not In The Busine>[...]

ANN's Daily Aero-Linx (10.27.24)

Aero Linx: Cardinal Flyers Online The Cardinal Flyers Online Web site was created and is maintained by me, Keith Peterson. My wife Debbie and I have owned a 1976 RG since 1985. Wit>[...]

ANN's Daily Aero-Term (10.27.24): Clearance Void If Not Off By (Time)

Clearance Void If Not Off By (Time) Used by ATC to advise an aircraft that the departure release is automatically canceled if takeoff is not made prior to a specified time. The exp>[...]

blog comments powered by Disqus



Advertisement

Advertisement

Podcasts

Advertisement

© 2007 - 2024 Web Development & Design by Pauli Systems, LC