jhooper
Posts: 5560
Joined: Thu Dec 13, 2001 8:27 pm

Michigan Pilot Criminal Background Checks Now Law

Sun Jun 16, 2002 4:13 pm

http://www.aopa.org/whatsnew/newsitems/2002/020611memo.html

Check out the above link to AOPA information on a new Michigan law requiring ALL flight training students to undergo a criminal background check.

Do states have the authority to make such laws? In effect, they are altering FAA's minimum qualifications to become a pilot. Could states now pass laws saying that "one must be at least 21 years of age to operate aircraft in our state, and must be 25 to rent an aircraft" or "one must pass a more stringent vision test before being eligible for flight training"?

States, please leave pilot certification matters up to the feds. Thanks.
Last year 1,944 New Yorkers saw something and said something.
 
744rules
Posts: 391
Joined: Sat Mar 30, 2002 3:34 am

RE: Michigan Pilot Criminal Background Checks Now Law

Sun Jun 16, 2002 4:27 pm

I think this is a stupid law. Who will stop potential hijackers of enlisting after they finished their flight training. In this case it is just a question of timing
 
jhooper
Posts: 5560
Joined: Thu Dec 13, 2001 8:27 pm

RE: Michigan Pilot Criminal Background Checks Now Law

Sun Jun 16, 2002 4:36 pm

The law makes reference to being "enrolled" in flight training. What actually constitutes being "enrolled". I did my flight training at a Part 141 school, without actually "enrolling" in the course. Would I have been subject to the criminal background check?

Wasted taxpayer's money! Hassle for everyone!! >>:-

BTW, how many of the 9/11 hijackers had criminal records? I doubt many; terrorists are trained to keep low profile until they strike.
Last year 1,944 New Yorkers saw something and said something.
 
L-188
Posts: 29881
Joined: Wed Jul 07, 1999 11:27 am

RE: Michigan Pilot Criminal Background Checks Now Law

Sun Jun 16, 2002 4:50 pm

This is a stupid law.

Has everyone in the lower 48 caught scared fever or what?

This is the type of behaviour you would expected from California.
OBAMA-WORST PRESIDENT EVER....Even SKOORB would be better.
 
jimbobjoe
Posts: 450
Joined: Mon Oct 08, 2001 2:04 pm

RE: Michigan Pilot Criminal Background Checks Now Law

Sun Jun 16, 2002 5:30 pm

Do states have the authority to make such laws?

Yes. There are two ways (that I can think of) to answer this question:

a.) states can make laws which exceed federal laws/regulations, as long as the feds have not passed a law specifically forbidding states from exceeding their regs/laws (and depending on the situation, the feds may not be able to do that)

b.) This law has to do with flight schools, and while there is also FAA oversight of flight schools (with regards to certified flight schools--those from which one can get an FAA license) flight schools are also schools, and education is in the state's domain, and while i wont' say "period" to that, states are pretty sovereign with what they can do with education.

BTW, how many of the 9/11 hijackers had criminal records?

I don't believe any of them did.

This is the type of behaviour you would expected from California.

Oh my...I love this quote; I couldn't agree more. A very bad law indeed. (Having watched a lot of laws at the state level, they are always hard to get rid of.) The fact that a CCW background check, which I suspect many pilots/pilots to be, have already been through, doesn't count, bugs me.

Actually, the state could have very well required a non-fingerprint background check, but I think that Michigan has gone fingerprint happy in recent times (see California) and I think that's a shame because MI used to be pretty sensitive about that sorta thing.

 
exnonrev
Posts: 598
Joined: Tue Oct 19, 1999 4:26 am

RE: Michigan Pilot Criminal Background Checks Now Law

Mon Jun 17, 2002 10:13 am

I think AOPA has a good court case on this one. The FAA has sole authority for the qualifications, training, and licensing of pilots. The majority of flight schools are privately owned and not affiliated with any accredited public high school or university.

The only school in Michigan where they might be able to get away with this is WMU, which is a public university.