FlyerTalk Forums - View Single Post - TSA Requirements for ID

Oct 6, 2012, 7:57 am

#1

ND Sol

Join Date: Sep 2003

Location: Houston

Posts: 8,956

TSA Requirements for ID

A discussion was underway in the Practical Travel Safety Issues about the C.F.R. authority for TSA to require an ID by passengers to proceed through the screening checkpoint. TSORon is now of the opinion that we should no longer have that discussion there:

Quote:

Originally Posted by TSORon

Sorry, but this discussion (IMO) has gone beyond the scope of this forum. If you like we can continue it in the "Debate" forum as we are no longer discussing "Practical Travel Safety Issues". I look forward to it.

So here we are per his request. To provide some background, here are the salient parts of those posts:

Quote:

Originally Posted by janetdoe

And once again, TSA dodges a bullet because there will be no courtroom discovery on the law/regulations/orders that govern showing ID at a security checkpoint.

Quote:

Originally Posted by TSORon

49 C.F.R. § 1540.107 Submission to screening and inspection.

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.

[67 FR 41639, June 19, 2002]

Quote:

Originally Posted by ND Sol

How does that in the least govern the presentation of id at the checkpoint? (BTW, your reference to 2002 is way out of date. That section was revised in 2008.)

49 C.F.R. §1540.107(a) requires that 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. So what does that entail? 49 C.F.R. §1540.5 defines "screening function" as "the inspection of individuals and property for weapons, explosives, and incendiaries." No TDC ID requirements here. Care to try again?

Quote:

Originally Posted by TSORon

But you missed 49 C.F.R. 1540.107 Sub-part B (c) which states:
“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.”

Which is current as of 9/26/2012. http://ecfr.gpoaccess.gov/cgi/t/text...2.10.4&idno=49

Good enough? And I have never said I practice law, only that I can read it and understand what I read. Better than some here that's for sure.

Quote:

Originally Posted by ND Sol

That is pretty funny. You use an old version of a regulation that was revised in 2008 and then when I point that out to you, you claim I "missed" a section, which you didn't even know existed since it didn't in the old regulation you first quoted. That is the thanks I get for helping you in your research?

Be that as it may, did you decide not to look at §1560.105(c) or did you do so and not like what you saw since it doesn't support your view? Let's look at those C.F.R.'s:

Quote:

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.

So what does 1560.105(c) say:

Quote:

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.

So it is the airline that has to ask for the ID, and only under specified circumstances. What happens if the airline fails to obtain that identification:

Quote:

(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.

I think that there is a reason why the TSA is not involved in this process directly with the passenger.

So once again, how does that in the least govern the presentation of id at the checkpoint?

"Good enough?" No. It does not appear that you "can read it and understand what [you] read."

TSORon, "I look forward to" your reply.

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