Bill Now Awaits Governor's Signature

When John V. Salamone was arrested after a drunken, meandering flight through restricted airspace and close to a nuclear power plant, authorities were dismayed to find they had no law under which they could charge him. In Pennsylvania, it's not against the law to fly while drunk.

That's about to change.

A new measure called the Flying While Impaired Bill has now passed the Pennsylvania Legislature and is on its way to Governor Ed Rendell for final approval.

"This measure will bring accountability to pilots who err in judgment and fly an aircraft while drunk," said state Rep. Kate Harper of Blue Bell, referring to the measure that won bipartisan support. She was quoted in the Harrisburg Daily News as saying, "I don’t think we have that many incidents of drunken flying, but even one is too many."

Harper said there didn't appear to be any objection from her fellow lawmakers to the measure, which would make FWI a misdemeanor, punishable by a $5,000 fine and at least three days in jail.

When Salamone was finally forced to land January 15th, he had blasted through the controlled airspace surrounding Philadelphia International Airport and caused quite a scare at the Limerick Nuclear Power Station. His blood alcohol level was .15 -- almost twice the legal limit.

Without a specific law under which to charge Salamone, Montgomery County prosecutors did the next best thing:they charged him with drunk driving, reckless endangerment and risking a catastrophe.

Salamone was convicted in September on the reckless endangerment and risking a catastrophe charges. But back in March, a judge threw out the DUI allegations, saying that law didn't apply.

While a spokesman for Governor Rendell wouldn't comment on the measure, Harper was confident that he will sign off on it.

"I have not heard that he has any objection to it," she told the Daily News.

FMI: www.legis.state.pa.us