FlyerTalk Forums - View Single Post - TDC @ PBI
Thread: TDC @ PBI
View Single Post
Old Mar 1, 2010 | 4:23 pm
  #30  
ND Sol
10 Countries Visited
20 Countries Visited
30 Countries Visited
20 Years on Site
 
Join Date: Sep 2003
Location: Houston
Posts: 8,957
Originally Posted by Will585
Incorrect.

As per 49 CFR 1540.107 (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."
Originally Posted by Will585
Perhaps you should check yours. 49 CFR 1540.107 involves submission to screening and inspection and has nothing to do with the aircraft operator. The regulations apply to the individual requesting access to the sterile area or attempting to board a flight, and the requirement of these individuals to present their ID as part of the submission to screening and inspection.

This was changed in October 2008 when the new requirements of Secure Flight began to take effect.

I'm not exactly sure what you are implying in terms of my post count and my identity, but my name is William Clarke. I just joined Flyertalk last week.
William, welcome to FlyerTalk!

Do you believe that without ID, then you will not be permitted to fly and the government has the ability to implement such a requirement?

Do you believe that at the screening checkpoint, the requirement for presenting ID is for "purposes of watch list matching under §1560.105"? If so, what list is the TDC matching your ID against?

You need to read 1560.105 to understand what the requirements really are:

(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.
So, this only has direct application to the airlines.

(c) Request for identification —(1) In general . If TSA has not informed the covered aircraft operator of the results of watch list matching for an individual by the time the individual attempts to check in, or informs the covered aircraft operator that an individual has been placed in inhibited status, the aircraft operator must request from the individual a verifying identity document pursuant to procedures in its security program., as provided in 49 CFR part 1544, subpart B or 49 CFR part 1546, subpart B. The individual must present a verifying identity document to the covered aircraft operator at the airport.
It is the airline that has to ask for the ID, and only under specified circumstances.

(d) Failure to obtain identification . If a passenger or non-traveling individual does not present a verifying identity document when requested by the covered aircraft operator, in order to comply with paragraph (c) of this section, the covered aircraft operator must not issue a boarding pass or give authorization to enter a sterile area to that individual and must not allow that individual to board an aircraft or enter a sterile area, unless otherwise authorized by TSA.
Once again, its is the airline's responsibility and only under certain circumstances.

I can also cite the other CFR's that restrict the TSA at screening checkpoints to only searching for WEI if you would like. The authority to require ID's at the checkpoints is not in the CFR's no matter what Francine the Googling Lawyer would try to make one believe.
ND Sol is offline