Community
Wiki Posts
Search

$11,000 penalties

Thread Tools
 
Search this Thread
 
Old May 15, 2012, 2:02 pm
  #16  
FlyerTalk Evangelist
Original Poster
 
Join Date: Feb 2009
Location: From ORK, live LCY
Programs: BA Silver, EI Silver, HH Gold, BW Gold, ABP, Seigneur des Horaires des Mucci
Posts: 14,216
Originally Posted by colpuck
Most of the items confiscated at the airport
The TSA says it doesn't confiscate anything...
stifle is offline  
Old May 15, 2012, 2:08 pm
  #17  
 
Join Date: Apr 2003
Location: BOS and vicinity
Programs: Former UA 1P
Posts: 3,725
TSA actually published a schedule of ranges of fines for individuals a while back (starting on page 7):

http://www.tsa.gov/assets/pdf/enforc...nce_policy.pdf

For example, the (presumably) unfortunate dad who found himself in possession of firearm parts hidden in his kid's stuffed animals at PVD recently (allegedly due to retaliation over a custody spat) could face a fine of $250-$1500 if they determine that it was just firearm parts or $3000-$7000 if they decide it was a complete unloaded firearm with accessible ammunition.

There is also a $100-$200 fine for "artful concealment" of "non explosive liquids," i.e., if TSA decides putting your oversized perfume in the inner pocket of your bag is artful, you may get fined. (It's ironic that TSA is fining people for carrying items TSA admits are not threats.)

What is particularly unfortunate and also classic TSA behavior is that the passenger will have no idea the fine is coming until he receives notice in the mail. The PVD passenger probably thinks his ordeal is over after being interrogated by TSA and law enforcement, but it likely is not.

The only listed individual penalty that reaches $11,000 is for carrying high explosives. So assuming TSA follows their own published policy (bad assumption), the best way to see if they have levied any $11,000 fines against individuals would be to contact the guy who was carrying C4 a while back.

Originally Posted by colpuck
I wouldn’t think that getting mouthy with the TSA, or even being escorted out of the airport would be enough to draw a penalty. I would think a person would have to actively prevent the TSA officers from doing their jobs.
I'm not so sure about that. The TSA fine schedule indicates penalties of $500-$1500 for "non-physical interference with screening," which sounds like a catch-all contempt of TSO charge that could be used against mouthy passengers. In addition, "attitude of violator" can be an aggravating factor for increasing the fine. In fact, passengers such as Phil Mocek have been accused of "interference with screening" for merely pointing a camera at TSOs, even though the only disruption of the screening process is the TSOs freaking out about the camera.
studentff is offline  
Old May 15, 2012, 2:29 pm
  #18  
 
Join Date: Nov 2004
Location: IAH mostly.
Programs: I still call it Onepass every now and then. Platinum.
Posts: 500
Serious question: Did Barry Switzer get a fine a couple of years ago for accidentally bringing in the gun? If not, the cheese slicer thing seems egregiously unfair and inequitable, even if it was just $50.
cottonmather0 is offline  
Old May 15, 2012, 2:35 pm
  #19  
 
Join Date: Nov 2004
Location: IAH mostly.
Programs: I still call it Onepass every now and then. Platinum.
Posts: 500
Originally Posted by studentff
What is particularly unfortunate and also classic TSA behavior is that the passenger will have no idea the fine is coming until he receives notice in the mail.
Originally Posted by studentff
That's why it's crucial to use ID without your address on it and hold out as long as possible if they try to get your home address.
My wife thinks I'm purposely antagonistic and too paranoid when I fly... but this is EXACTLY why I hide my wallet deep inside my carryon and only fly with my passport card. They might be able to easily get my name, but I'll be escorted out by a LEO before TSA comes close to getting my home address out of my mouth... Which I guess isn't that hard to get from the airline, but probably too much effort for an annoyed TSO to go through.
cottonmather0 is offline  
Old May 15, 2012, 3:18 pm
  #20  
FlyerTalk Evangelist
 
Join Date: Jul 2007
Location: DFW
Programs: UA Pleb, HH Gold, PWP General Secretary
Posts: 23,199
Originally Posted by tanja
So what do they do if this a tourist! A foreigner?

They cant refuse them flying can they? And does that not go against immigration and their policy that "you" have to leave the country?
If a non US-Citizen is fined and they do not pay, they will find it rather difficult to re-enter the U.S. I think.

Originally Posted by studentff
longish post
The TSA can publish whatever they want. Which unless the TSA has their own enforcement division I can't really see them going after every person that has an item and they don't. I am guessing they publish that just to scare people.

there are three groups of people:
1) those that are stupid and bring something minor.
2) those that are stupid and bring something major.
and
3) those that intend trouble.

Enforcement actions target the 2nd group of people.

As far as verbally interferening with screening, I would imagine that would have to be pretty severe to garner a fine.

Originally Posted by cottonmather0
Serious question: Did Barry Switzer get a fine a couple of years ago for accidentally bringing in the gun? If not, the cheese slicer thing seems egregiously unfair and inequitable, even if it was just $50.
If you try and bring a gun through security you're going to get fined.

Originally Posted by cottonmather0
My wife thinks I'm purposely antagonistic and too paranoid when I fly... but this is EXACTLY why I hide my wallet deep inside my carryon and only fly with my passport card. They might be able to easily get my name, but I'll be escorted out by a LEO before TSA comes close to getting my home address out of my mouth... Which I guess isn't that hard to get from the airline, but probably too much effort for an annoyed TSO to go through.
I really wouldn't worry about it. At the point where you have reached drawing the attention of the enforcement department they're going to have your address.
colpuck is offline  
Old May 15, 2012, 4:24 pm
  #21  
FlyerTalk Evangelist
 
Join Date: Oct 2006
Location: Marriott or Hilton hot tub with a big drink <glub> Beverage: To-Go Bag™ DYKWIA: SSSS /rolleyes ☈ Date Night: Costco
Programs: Sea Shell Lounge Platinum, TSA Pre✓ Refusnik Diamond, PWP Gold, FT subset of the subset
Posts: 12,509
Originally Posted by colpuck
I used to work for FAA enforcement and I can give some insight into the process.
How often are FAs fined for not enforcing FARs or OpSpecs? For years I've heard rumors about someone, somewhere, getting fined, but there are never any details. This would even come up in recurrent training from time to time. One detail that is always absent is anything about the administrative process. The story always comes off as if a LEO was writing a traffic citation.

Without further evidence, I concluded long ago that these boogeyman stories are, for the most part, jumpseat rumors. I'm not saying it's never happened, but some FAs act as if an undercover FAA guy is going to whip out his 110A credential at any moment and issue a fine on the spot.
N965VJ is offline  
Old May 15, 2012, 4:35 pm
  #22  
A FlyerTalk Posting Legend
 
Join Date: Sep 2002
Location: LAX/TPE
Programs: United 1K, JAL Sapphire, SPG Lifetime Platinum, National Executive Elite, Hertz PC, Avis PC
Posts: 42,218
Originally Posted by N965VJ
How often are FAs fined for not enforcing FARs or OpSpecs? For years I've heard rumors about someone, somewhere, getting fined, but there are never any details. This would even come up in recurrent training from time to time. One detail that is always absent is anything about the administrative process. The story always comes off as if a LEO was writing a traffic citation.

Without further evidence, I concluded long ago that these boogeyman stories are, for the most part, jumpseat rumors. I'm not saying it's never happened, but some FAs act as if an undercover FAA guy is going to whip out his 110A credential at any moment and issue a fine on the spot.
FAA inspectors ride commercial flights often - and they have the right to ride in the jumpseat and inspect the flight deck crew, and either pass them, write up infractions or ground their certificate....in the cabin the inspector can fine a FA, or the airline.

Another option is a passenger calling a specific complaint (with specifics) to a FSDO and the resulting investigation confirms the report, hence a fine is issued to the crew member or carrier or both.

Of course if the local FSDO is buddies with the airline execs (ie Colgan), the chance of a fine is rare, even when warranted.
bocastephen is online now  
Old May 15, 2012, 4:48 pm
  #23  
 
Join Date: Mar 2009
Posts: 1,972
Originally Posted by studentff
Cheese-slicer-man was hardly trying to "actively interfere" nor were the couple who were fined for carrying a wedding-cake server after their wedding.
Sigh. There are two separate cases being talked about here. One is having a prohibited object and the other is active interference.
RichardKenner is offline  
Old May 15, 2012, 4:52 pm
  #24  
 
Join Date: Mar 2009
Posts: 1,972
Originally Posted by colpuck
Once in the checkpoint, case law states that a person has consented to the complete check.
Careful: that case law talks about consent with respect to whether anything found can be subsequently used in court. There is no case law with respect to whether consent of something that normally requires explicit consent (such as touching the person) has been given. These are legally two very different concepts.
RichardKenner is offline  
Old May 15, 2012, 4:53 pm
  #25  
FlyerTalk Evangelist
 
Join Date: Jul 2007
Location: DFW
Programs: UA Pleb, HH Gold, PWP General Secretary
Posts: 23,199
Originally Posted by N965VJ
How often are FAs fined for not enforcing FARs or OpSpecs? For years I've heard rumors about someone, somewhere, getting fined, but there are never any details. This would even come up in recurrent training from time to time. One detail that is always absent is anything about the administrative process. The story always comes off as if a LEO was writing a traffic citation.

Without further evidence, I concluded long ago that these boogeyman stories are, for the most part, jumpseat rumors. I'm not saying it's never happened, but some FAs act as if an undercover FAA guy is going to whip out his 110A credential at any moment and issue a fine on the spot.
I should have mentioned this the FSDO has the option of writing a "ticket" that does not rise to the level of an enforcement action. Those are for ticky-tack violations that mostly result in the pilot or whomever taking X number of hours of training. The person I believe can have that reviewed by the regional counsel's office, but it almost never happens. It is just not worth it.

Most of the enforcement actions towards flight crews were against private pilots who were either operating charter services or doing something stupid (flying in restricted airspace, landing on the wrong runway). There are very few regs regarding FA's so I never saw actions against them on my desk.

For a comercial pilot if they were to end up in an enforcement action, it would probably be career ending. So, it never happens that often.

Last edited by colpuck; May 15, 2012 at 5:16 pm
colpuck is offline  
Old May 15, 2012, 5:07 pm
  #26  
 
Join Date: Mar 2009
Posts: 1,972
Originally Posted by studentff
The only listed individual penalty that reaches $11,000 is for carrying high explosives.
Yes, but see the note at the very end of the document.

I'm not so sure about that. The TSA fine schedule indicates penalties of $500-$1500 for "non-physical interference with screening," which sounds like a catch-all contempt of TSO charge that could be used against mouthy passengers.
Look at the context. 3(B)(i) talks about physical contact, so "physical" in (ii) likely means "physical contact". In other words, blocking the checkpoint without touching a TSO would qualify. Whatever the TSA might want to believe, the First Amendment very much applies here and it would be very hard to impose a fine for merely saying something: it would likely have to rise to the level of the sort of thing that's considered disorderly conduct (e.g., "fighting words" in Florida).
RichardKenner is offline  
Old May 15, 2012, 5:58 pm
  #27  
FlyerTalk Evangelist
 
Join Date: Oct 2006
Location: Marriott or Hilton hot tub with a big drink <glub> Beverage: To-Go Bag™ DYKWIA: SSSS /rolleyes ☈ Date Night: Costco
Programs: Sea Shell Lounge Platinum, TSA Pre✓ Refusnik Diamond, PWP Gold, FT subset of the subset
Posts: 12,509
Originally Posted by bocastephen
FAA inspectors ride commercial flights often - and they have the right to ride in the jumpseat and inspect the flight deck crew, and either pass them, write up infractions or ground their certificate....
I had them aboard many times when I was a FA at US. They would check the emergency equipment, ask to see our manuals to confirm they had the current revision, etc. Always a non-event.
N965VJ is offline  
Old May 15, 2012, 7:04 pm
  #28  
 
Join Date: Jul 2010
Location: California. USA
Posts: 1,404
Originally Posted by colpuck
If a non US-Citizen is fined and they do not pay, they will find it rather difficult to re-enter the U.S. I think.



The TSA can publish whatever they want. Which unless the TSA has their own enforcement division I can't really see them going after every person that has an item and they don't. I am guessing they publish that just to scare people.

there are three groups of people:
1) those that are stupid and bring something minor.
2) those that are stupid and bring something major.
and
3) those that intend trouble.

Enforcement actions target the 2nd group of people.

As far as verbally interferening with screening, I would imagine that would have to be pretty severe to garner a fine.



If you try and bring a gun through security you're going to get fined.



I really wouldn't worry about it. At the point where you have reached drawing the attention of the enforcement department they're going to have your address.
Ok I know that people who get hassled by TSA will never /ever try to come back to USA.

People I know think TSA is not even worth to visit USA any more.

Means to me that my family dont even want to come here.
They used to come every year.

They dont want to be yelled. groped and so on.

A lot of tourist money lost there.
tanja is offline  
Old May 16, 2012, 7:15 am
  #29  
 
Join Date: Jun 2009
Programs: SSSSS
Posts: 867
Originally Posted by colpuck
I should have mentioned this the FSDO has the option of writing a "ticket" that does not rise to the level of an enforcement action. Those are for ticky-tack violations that mostly result in the pilot or whomever taking X number of hours of training. The person I believe can have that reviewed by the regional counsel's office, but it almost never happens. It is just not worth it.

Most of the enforcement actions towards flight crews were against private pilots who were either operating charter services or doing something stupid (flying in restricted airspace, landing on the wrong runway). There are very few regs regarding FA's so I never saw actions against them on my desk.

For a comercial pilot if they were to end up in an enforcement action, it would probably be career ending. So, it never happens that often.
I have been involved in one such enforcement action along with my DM. I assure you that if an inspector in the FSDO or Regional gets a hair in the wrong place it can happen. The action was merit less, but it over six years of associated BS to end the matter, along with a trip to Independence Avenue. We did nothing wrong, dotted every I and crossed every t. Things were claimed which were not true, and the Feds could not support their allegations, but I assure you it was an interesting several years. One enterprising senior inspector at regional even threatened to do an emergency revocation of my ticket after I didn't testify the way he wanted, and he said it was in retaliation, tape recorders are such marvelous toys, in such matters. All because the company owner got into a contest with a friend of the inspector over a non-aviation transaction.

In another more recent case, a friend got fined $5000 for failing to timely file the eAPIS notice, despite all the other stuff being filed--flight plan with ADCUS, customs notification, etc. The eAPIS was filed late by the airline. Fortunately, the airline paid the fine, but every time I travel privately with this captain, I get a delay departing the US because of it. So, yes it does happen and DHS is by far worse than DoT.
greentips is offline  
Old May 16, 2012, 10:13 am
  #30  
 
Join Date: Aug 2006
Location: DCA / WAS
Programs: DL 2+ million/PM, YX, Marriott Plt, *wood gold, HHonors, CO Plt, UA, AA EXP, WN, AGR
Posts: 9,388
Originally Posted by greentips
I have been involved in one such enforcement action along with my DM. I assure you that if an inspector in the FSDO or Regional gets a hair in the wrong place it can happen. The action was merit less, but it over six years of associated BS to end the matter, along with a trip to Independence Avenue. We did nothing wrong, dotted every I and crossed every t. Things were claimed which were not true, and the Feds could not support their allegations, but I assure you it was an interesting several years. One enterprising senior inspector at regional even threatened to do an emergency revocation of my ticket after I didn't testify the way he wanted, and he said it was in retaliation, tape recorders are such marvelous toys, in such matters. All because the company owner got into a contest with a friend of the inspector over a non-aviation transaction.

In another more recent case, a friend got fined $5000 for failing to timely file the eAPIS notice, despite all the other stuff being filed--flight plan with ADCUS, customs notification, etc. The eAPIS was filed late by the airline. Fortunately, the airline paid the fine, but every time I travel privately with this captain, I get a delay departing the US because of it. So, yes it does happen and DHS is by far worse than DoT.
Without going into detail (it was a different agency, but identical enforcement setup & processes), I can state that this is quite typical. In one agency's field office, the inspectors used to create contests between them of how many violations (regardless of how small) they could find in a day's inspections.
Global_Hi_Flyer is offline  


Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.