Alltrikes

THERE IS NO SUCH THING AS A RAMP CHECK FOR PART 91 OPERATIONS

We should all be exercising our rights given to us in the constitution and refusing ramp checks.

Be polite, and read below:

This is a fact that should be known by all private (part 91) pilots:
Seen at: http://azpilots.org/


Part 91 ramp check? Just say
"No." - (I did.)

Mike Palmer, ATP/x-CFII



The August 2013 issue of the APA's Newsletter offered some advice
about how pilots should deal with ramp checks. (See the Executive
Director's Report, pages 3 and 4.)



Unfortunately, the Executive Director did not make any distinction in the article
between Part 135 operators ("Commercial" pilots), Part 121
operators ("Airline" pilots) or the general catch-all, Part 91
operators ("Private" pilots). But these are important
distinctions because, per the Fourth Amendment of the United States Constitution, there
is no such thing as a "ramp check" for Private pilots!



See, according to the Constitution, which calls itself the "Supreme Law of
the

Land" (supreme over the FAA and Homeland Security), you have a right to be
free from warrantless searches. As it pertains to Private pilots and
so-called "ramp checks," the Fourth Amendment means that an FAA
Inspector does not have the right to board or enter your private property
(your aircraft) unless he has a search warrant. Even the chief legal
counsel of the AOPA sees this. (See the last paragraph of the January
2011 article Ramp check by John Yodice.) As such, a lot of what you've
been told about ramp checks (even by the AOPA in a later article and on
its website) is wrong.



Since you'll probably have to educate the authorities about this (as I once had
to), let's start by discussing where the concept of a "ramp
check" came from in the first place. It's quite logical when you know
the facts. Unfortunately the logic has become fuzzy over time.



So first, so that you know the facts, you need to know that we pilots are bound
by law to obey the FAR's only. That is, we are NOT bound to obey the
FAA's internal rules for its employees, known as FAA Order 8900.1, as some
would have you believe.



Unfortunately, that title, "Order," for the FAA's Handbook is an
intimidating misnomer. It has even confused at least one federal
judge who improperly dismissed an aviation matter because the judge
took the title too literally. But the FAA's internal regulations are
not "orders" that apply to YOU. They only apply to FAA workers.



Nevertheless, the belief that the FAA's Handbook is controlling law for pilots
is fairly entrenched within the FAA. See, for example, this
article on ramp checks, written by a FAASTeam Program Manager. Notice that
he says HE is required to obey the Handbook. Again, that does not mean YOU
are. (Kudos to him for getting some things right, as we'll see
below. But he gets some things wrong too.)



Now that we know we are only bound by the FAR's, let's examine them. It might
surprise you to know that there IS such a thing in the FAR's as a
"ramp check!" (Although it's not called that by name.) But ramp
checks are only for FAR Part 135 Commercial operators and FAR Part 121 Air
Carriers. See FAR 135.73 and FAR 119.59 respectively.
There is a logical basis for this.



See, these operators fly the public around for hire. And the FAA's mandate is
to protect the public. Therefore, Congress gave the FAA the right to
board these aircraft for inspection whenever it wants. In essence, these
operators waived their Fourth Amendment right to warrant-less searches
when they signed up to carry passengers for hire. But if you're a Part
91 Private pilot, none of the FAR's about impromptu invasive inspections
(i.e., ramp checks) apply to you.



Unfortunately, fuzzy logic has crept in over time. While it's the FAR's that
give inspectors the legal authority to inspect commercial operators,
when it comes to inspecting private operators, Inspectors cite their
internal Handbook for authority instead. But, as we've said, the Handbook
is not controlling law for pilots.



Kudos to the FAAST guy (above) for acknowledging that, per the FAR's, private
pilots don't have to provide access to their aircraft. Too bad he
contradicts himself later when he says you may have to remove your
Airworthiness Certificate so he can inspect it. (He cites FAR
91.203 for authority but FAR 91.203 does not say that.)



Even if the FAA's internal rules did apply to you, that doesn't automatically
make them lawful orders. Let's say, for the sake of argument, that,
the Constitution notwithstanding, an internal FAA order said an FAA
Inspector could board your Part 91 private plane during a ramp check. That
would be like the IRS writing an internal rule in its Special
Agent's Handbook saying an agent could kick down your door anytime he
wanted. That is unconstitutional and therefore, not lawful. You do not
have to comply.



Next problem: The FAA confuses the differences in the FAR's between commercial
and private pilots, telling us you have to produce the same papers
that a commercial operator would. But you don't.



For example, commercial operators have to calculate and record a Weight &
Balance manifest before every flight for hire. But as a Part 91
operator, there is no such requirement for you. You only need know that
you are within your W&B for safe flight. Kudos to the FAAST guy again
for acknowledging that Part 91'ers don't have to show a W&B
calculation.



Similarly, as a Part 91'er, you do not have to show aeronautical charts either.
Again, that's a Part 135 regulation. (Specifically it's FAR
135.83.) See how this goes?



Now, as with a cop, an FAA inspector can ask you anything he wants. (The FAAST
guy says he'll ask when you last had a BFR.) But as with a cop, you
do not have to answer or consent to a search. And, as with a cop, anything
you say can be used against you.



Fact is, by law, there's very little you have to do. The FAR's only say that
you have to show (not give or surrender) your pilot's license and medical
(and now photo ID) to an FAA inspector or law enforcement officer upon
request.



I actually went through this once and survived. Years ago my airplane partner
and I had flown in for an air fair in New Mexico to talk up General
Aviation. I was immediately suspicious when some guy in a white shirt was
kinda waiting for us as we taxied in. (Not a line man.) After saying
"Nice airplane" (it's a Glasair and was a novelty at the time)
he asked, "Where's your Airworthiness Certificate?"



I knew the only guy in the world who would ask about an Airworthiness
Certificate would be an FAA guy. I didn't have to show it to him
(especially since he hadn't identified himself), but I humored him. I knew
it had to be legible to the passengers or crew and it was. Pointing
through the canopy, I said, "It's there." Then I locked up the
plane saying, "We're late for pancakes."



I thought that was the end of it, but he returned a few hours later, pulled out
his wallet and flashed something at me that said "FAA" in
big red letters. (Although I don't know what real FAA identification looks
like. Especially nowadays, when anyone can print a fake ID on their
computer. And this was a Saturday. Was he really on duty?) He said,
"May I have the pleasure of giving you a ramp check?"



I said, "No." I told him, "There is no such thing as a ramp
check for Part 91 operators. That's only for Part 135 and Part 121
operators." That stunned him. Then he asked to see my pilot license, which
I acknowledged I had to show him. (Although, technically, I hadn't
flown in, so wasn't acting as PIC. But I wanted to spare my airplane
partner from my actions.)



Now, maybe flashing an ATP license helped, but that pretty much ended it. I did
make the mistake of handing him my license. (Lesson from Bob Hoover.
Don't do that. As with your driver license, the law only requires you show
it. I now carry copies of my pilot and driver license to give to
authorities when required.) Thankfully he didn't keep my license
but merely wrote down my certificate number in a little notebook of
his. I never heard more about it.



Look, our counterparts on the oceans have lost this battle. Pilots of boats let
the Coast Guard board their private vessels all the time under the
guise of "safety." (Even though the CG is really looking for
drugs.) Like the FAA, the Coast Guard can legally board commercial
ships without a warrant. But not private ships.



Nevertheless, boat pilots have abrogated their rights. Now so-called Homeland
Security is trying to do the same to us. Don't let them. You have a
Constitutional right "to be secure in your person, house, papers, and
effects, against unreasonable searches and seizures" no matter what
some Agency writes in their little Handbook.



Exercise your Fourth Amendment right. "Use it or lose it," as the
truism goes. When it comes to a Part 91 ramp check, just say
"No."



P.S. If you don't have a cell phone or tablet that records audio, I suggest
carrying a digital audio recorder with you at all times. It will
record all day on a charge. They cost only $50 but will be invaluable if
ever you have to fight for your rights.



More links: 

http://www.aopa.org/News-and-Video/All-News/2011/January/1/Pilot-Counsel.aspx

http://discountaircraftbroker.com/faa-ramp-checks/

http://www.airweb.faa.gov/Regulatory_and_Guidance_Library%5CrgFAR.nsf/0/BD3F956782901B178625694A006E92F3?OpenDocument

http://www.airweb.faa.gov/Regulatory_and_Guidance_Library%5CrgFAR.nsf/0/376C727B4CA77C4386256959004CDFA3?OpenDocument

http://www.airweb.faa.gov/Regulatory_and_Guidance_Library%5CrgFAR.nsf/0/A0957E8B4954C82086257775006C4F3C?OpenDocument

http://www.airweb.faa.gov/Regulatory_and_Guidance_Library%5CrgFAR.nsf/0/B8999C7C195110558625694A006ECC07?OpenDocument