1/13/2009 - Atlanta Attorney Says LASP Rule Could be Unconstitutional
Attorney, pilot and aircraft owner Alan Armstong testified at the second of five scheduled meetings and request for comments on Large Aircraft Security Program proposed rule by the TSA held in Atlanta.
He told the panel members that the entire premise of the proposed rule dealing with the Large Aircraft Security Program (LASP) is that large aircraft are more dangerous than small aircraft. Furthermore, the TSA arbitrarily selected a triggering weight of 12,500 lbs. which just happens to be the definition of a large aircraft in 14 C.F.R. §1.1. However, a Piper Cub could be equipped with a nuclear device which is far more devastating than the crash of a Boeing 747. For that reason, weight, the sole criterion in the TSA proposed rule, is invalid.
Accordingly, the TSA proposed rule is based upon mere conjecture and hypothesis and has no rational, scientific or logical basis. For that reason, a court of appropriate jurisdiction could find that the TSA proposed rule is unconstitutional as a violation of substantive due process guaranteed by the Fifth Amendment to the Constitution of the United States.
The problem with the 12,500 lb. weight threshold proposed by the TSA rule is that it does not appear to be based on any actual facts, any meaningful explanation , any scientific data, or even simple logic according to Armstrong's testimony.
Armstrong stated, from a public policy standpoint, the TSA, lacking experience and knowledge in area of general aviation, is seeking to impose a layer of bureaucracy on general aviation that is counter productive and unnecessary. From a legal standpoint, the TSA's LASP proposed rule fails to demonstrate a "rational connection between the facts found and the choice made" meaning that there is a likelihood of the rule being stricken and declared unconstitutional by a court of appropriate jurisdiction if the rule is implemented in its present form.
For these and myriad of other reasons, the TSA proposed rule dealing with the LASP should be abandoned in its present form. In summary, the world of general aviation, and in particular corporate flight departments, have absolutely no benefit to be received from being burdened with the TSA's proposed rule stated Armstrong.
-Mr. Alan Armstrong's entire response to the Proposed Rule from the TSA concerning The Large Aircraft Security may be viewed HERE.
FMI: http://www.alanarmstronglaw.com/
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