Originally Posted by
Trollkiller
Go back and re read the links. I think you skimmed and missed some very valuable pieces of information. There is no hair splitting here, I can't help it if your (TSA) legal department wants to write a narrow law then illegally attempt to enforce it broadly.
You are still reading it to narrowly.
“(a) No person may:
(2) Enter, or be present within, a secured area, AOA, SIDA or sterile area without complying with the systems, measures, or procedures being applied to control access to, or presence or movement in, such areas.”
Notice the phrase "when requested for purposes of watch list matching under §1560.105(c)", this means we need to look at §1560.105(c) because that is the statute that § 1540.107(c) is limited by.
You didn’t read far enough, or very thoroughly.
” (2) The individual makes a request for authorization to enter a sterile area.
(c) An individual may not enter a sterile area or board an aircraft if the individual does not present a verifying identity document as defined in §1560.3 of this chapter, when requested for purposes of watch list matching under §1560.105(c), unless otherwise authorized by TSA on a case-by-case basis.”
Notice the ONLY time the TSA (at the airport) gets involved with the ID verification under the watch list provision §1560.105(c) is if a minor that has been flagged by Secure Flight has no VID.
Sorry, not correct. “unless otherwise authorized by TSA on a case-by-case basis”. Additionally, add the following: “(a) No individual may enter a sterile area or board an aircraft without submitting to the screening and inspection of his or her person and accessible property in accordance with the procedures being applied to control access to that area or aircraft under this subchapter.”
Notice the only time I am required to SHOW a VID is to the covered aircraft operator.
What I am required by the law to do when it comes to a TSO is to PROVIDE them my name AS IT APPEARS on a VID I hold.
Unless it is a part of the procedures for granting access to the sterile area. As such, ID verification IS a part of that procedure, and therefore required.
Just so there is no confusion on the definition
Note: there is no definition of gender in §1560.3.
If you are still unsure who §1560.105 is meant for look at §1560.105(a)
(a) Applicability . (1) This section applies to each covered aircraft operator beginning on the date that TSA assumes the watch list matching function for the passengers and non-traveling individuals to whom that covered aircraft operator issues a boarding pass or other authorization to enter a sterile area. TSA will provide prior written notification to the covered aircraft operator no later than 60 days before the date on which it will assume the watch list matching function from that covered aircraft operator.
Do you get it now or do you still have questions? I may be delayed in my response as it is nuts around here.
Been busy around here as well. This H1N1 thing is taking up a great deal of time and by the time I get home I am bushed.