MEMBER ALERT: AOPA will be closing at 1:45 p.m. Eastern on Dec. 6 and will reopen at 8:30 a.m. Eastern on Dec. 9.
December 4, 2007
AOPA filed a motion for summary judgment in federal court last week, asking the judge to overturn the state's requirement that student pilots have a background check and receive permission from the state's commissioner of criminal justice information services before receiving flight training. In its lawsuit, AOPA contends that the law is unconstitutional because the regulation of aviation has been reserved to the federal government.
"The issue is not about security, but rather what part of government has the authority and responsibility for aviation security," said AOPA President Phil Boyer. "This is a federal responsibility, and the FAA and Transportation Security Administration (TSA) already have a number of specific regulatory requirements for those learning to fly.
"This law just creates an impediment for those who want to learn to fly in New York. The state should follow AOPA's example and work with the federal authorities - as we did with the TSA to develop the Airport Watch Program."
The attorneys for the state are expected to respond to AOPA's motion by early May. If the judge is willing, he can make a decision without the issue going to a trial.
AOPA opposed the bill in the New York legislature and sought the governor's veto.
"Those were political decisions, but the judge will decide on the law," Boyer said, "and we believe the law and previous court decisions are firmly on our side."
April 12, 2007
Transportation Security Administration,
Advocacy and Legislation,
FAA Financial and Regulatory
A House bill that would force FAA to go through the rulemaking process before imposing new policies for sleep disorders has passed a key committee.
The House has passed a bill requiring the TSA to consult stakeholders, including general aviation representatives, before making major changes to security policy.
Senators are demanding a written response from the Department of Homeland Security about unwarranted stops of general aviation aircraft by DHS and Customs and Border Protection.
AOPA thanks our members for their continued support in protecting the freedom to fly.