SAL'S LAW
"Your Legal Eagle"
J.C. at BAF: I was recently filing a medical application, I came to the part where it asks for medical history. I know I’m being technical here, but what is really meant by history. Does something that happened 25 years ago count?
Sal’s Law: The FAA and NTSB have defined the word “history” as anything that has ever happened to you. So if you fell off your bicycle when you were ten and were knocked unconscious, you now have a history of being unconscious. Yes, many people go through life mostly unconscious, but that’s for another column. Remember that the further back in history the medical event may have occurred, the less likely it is to be a problem.
J.K via Email: I recently heard of a case where a police officer asked to make a ramp check of an aircraft. During the ramp check he searched the plane and found illegal items. Can cops make ramp checks at all and why are they able to search a plane so easily without a warrant?
Sal’s Law: There is no argument that the police have ramp check authority. But that was not the basis for the case that you are undoubtedly referring to, United States V. Zukas, 843 F.2D 179. In Zukas an FBI agent had been watching the flight crew and passengers for some time. The agent entered the tarmac and announced a ramp check, asking the pilot for his certificate and medical. The papers were all in order. The agents then asked if the pilot and passengers would consent to a search of the aircraft. They did. Had they not consented, the search could not have taken place since it exceeds the authority of a ramp check, not to mention the Fourth Amendment. Once those documents were found to be in order - as they were in Zukas - the ramp check is over. Why then did the passengers consent to the search, you may ask. There are numerous cases on record where police have pulled over a car for a routine speed stop, asked for permission to look in the trunk, and are granted access. Upon opening the trunk they find dead bodies or drugs. These types of criminals are probably not good poker players, but then again, why else would they take up that vocation in the first place?
L.R. at 44N Hey Sal, is there a requirement to fly with your landing lights on during the day? I know an airline pilot who told me it was not required, but was part of the airline operating rules.
Sal’s Law: There is no FAR requiring the operation of landing lights during the day, but the FAA has a voluntary program that they call Operation Lights On. Who thinks of these government names anyway? Maybe we should have Operation Land Smooth. In any event, you will find this information in the AIM Section 4-3-23. And while the AIM is not regulatory, we all know that it is wise to obey their suggestions. I spoke recently to an air traffic controller at White Plains tower, and he told me that the tower controllers appreciate pilot’s turning their lights on when cleared for takeoff. The lights serve as a visual confirmation that the landing roll has begun. Remember the old mnemonic, “Lights, Camera and Action.” The landing lights On, the Camera (for Transponder) on Altitude and Action (throttle up). Anytime you’re in the vicinity of an airport, it is an excellent idea to have the lights on. This is no time to play stealth pilot.
Blue Skies to all!
Sal A. Lagonia Esq - is an aviation attorney and safety consultant with offices in New York. He is available as a speaker for aviation groups on topics of interest to pilots and aircraft owners. Send questions or requests to 914-245-7500 or LagoniaLaw@NYSBar.com.