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-   Checkpoints and Borders Policy Debate (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate-687/)
-   -   confiscating non-"weapons" (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/1367052-confiscating-non-weapons.html)

UshuaiaHammerfest Jul 17, 2012 5:16 pm


Originally Posted by Carl Johnson (Post 18950331)
Yeah, right. I've had multiple confrontations where I wanted to use my NEXUS card as ID, and the supervisor didn't know what it was anymore than the document checker. One time I had FOUR screening clerks, including a supervisor, NONE of whom knew what it was. Another time, the supervisor didn't know what it was and wouldn't look when I showed him. Do a search on NEXUS; the experience of many people here demonstrates that screeners don't know how to do their jobs and don't care about learning how to do their jobs.

And you say you've had MULTIPLE experiences where the supervisory screening clerk instructed the screening clerk about the rules. You don't see that as a problem? Why didn't the screening clerk know the rules in the first place? Why is it so often necessary to call a supervisor because the screening clerk doesn't know how to do his job, and why (according to the experience of so many here) is the supervisor also ignorant of the rules?

Hang on there, I never said lack of proper training wasn't a problem. Of course it's a problem. I said only that escalating to an STSO, in my experience, usually resolved the issue. I have also had experiences where the STSO was useless or worse -- an arrogant bully.

Yes, the Nexus card issue seems to be an issue a lot, though it seems to happen a lot less lately. My comment was not that screeners are well-trained by any means. My comment was limited in scope to my experiences that STSOs tend to have better knowledge, training, and ability to handle an escalation than the rank and file. Not all are created equal.

We're getting a little OT, however...

WillCAD Jul 17, 2012 7:25 pm


Originally Posted by medic51vrf (Post 18949198)
I don't recall ever saying that I would. I said I would be polite. There's a huge difference.

Why would I be polite to them? Several reasons. 1) Because I'm better person that I feel I would be if I acted otherwise. 2) Yes, it would get me through the CP with a greater chance of a hassle free experience 3) If I DID catch some kind of trouble I would be able to articulate to their supervisor/the media/the courts/whoever that it was a completely 100% unprovoked situation and 4) In the event of trouble witnesses would be more likely to take my side.

That's my attitude, too. I'm polite and completely cooperative with TSA's stated policies, as published on their web site and stated under oath in testimony before Congress by the agency's director.

Thus far, I haven't had any confrontations, although I have seen multiple instances of TSA deviating from their policies (such as using AIT as the primary screening method for all pax despite the assurances we got when those infernal machines were deployed that such would not be the case).

However, if they're wrong, they're wrong. Whether I back down or comply with their illegal, illicit, or unreasonable demands depends on my personal valuation of the consequences of backing down vs the consequences of standing up for my rights.

Standing up for myself does not mean I'm picking a fight, looking for confrontation, or even being impolite. It means I'm standing up for myself.

Perhaps you will do the same one day, if a TSO tries something with you that you consider egregious enough to be unacceptable to you.

InkUnderNails Jul 17, 2012 7:25 pm


Originally Posted by Carl Johnson (Post 18950331)
Yeah, right. I've had multiple confrontations where I wanted to use my NEXUS card as ID, and the supervisor didn't know what it was anymore than the document checker. One time I had FOUR screening clerks, including a supervisor, NONE of whom knew what it was. Another time, the supervisor didn't know what it was and wouldn't look when I showed him. Do a search on NEXUS; the experience of many people here demonstrates that screeners don't know how to do their jobs and don't care about learning how to do their jobs.

And you say you've had MULTIPLE experiences where the supervisory screening clerk instructed the screening clerk about the rules. You don't see that as a problem? Why didn't the screening clerk know the rules in the first place? Why is it so often necessary to call a supervisor because the screening clerk doesn't know how to do his job, and why (according to the experience of so many here) is the supervisor also ignorant of the rules?

I have had eight, only two of which were 1-stripe screeners, simultaneously working on my NEXUS at one time. Two did not even have blue uniforms so I assume they were managers. I was accused of faking the printout. I was asked more times than I could count if I had another ID. This was on National Opt Out Day, Wednesday before Thanksgiving 2010.

I have had a whole group of TDC's (3), plus 3 supervisors all insisting that the NEXUS was not valid and asking for a different ID. They called the FSM and he came from the office ready for bear. I thought Uh-Oh. Whenever the suits get involved they have the ability to make your life miserable very quickly. He looked at my ID and my BP. He squiggled my BP and said, "I am sorry for the delay, have a nice flight." He then started a training session right there at the checkpoint. I would have loved to hang around, but he said go so I did.

My absolute favorite was when the supervisor was called and she said we do not get these often and that this was the first she had seen. She asked if I had a few minutes, I did, and she went to each of the TSO's at the CP showing them what a NEXUS looked like. After the WTMD, while I was collecting my stuff, she came over with about 4 more and asked me to show the NEXUS again. I took questions on how I got it, why I wanted it, the interview process, pretty much the whole shebang. She thanked me again for helping give her people a training opportunity and apologized for taking so much of my time. I told her it was fine as the other TSO was still going through my carry on and I was waiting for it anyway. The bag search was soon over, I got a Texas sized smile and a have a nice flight and was sent on my way.


Originally Posted by cparekh (Post 18950151)
There seem to be three camps in this thread (though some people belong to more than one camp):

I hate camping. I usually stay at Hiltons.

The "camp" I am in, if you insist on camping, is the one in which I am infinitely pleased to get from TDC to putting my stuff back together without so much as a word from any TSO except the one that asks if I have any pointy things in my bag. I do not look for a fight, I do not want one, but I will engage in one if the circumstances created by the TSO's warrant one. If I elect to engage in a fight, I am in it to win. I use all tools at my disposal. There are battles in which I feel it is worth it to miss my flight and try again at another time. However, as I come to these battles prepared with accurate information and knowledge of their procedures which usually surpasses theirs, I have never had to miss a flight or even be close to missing one. There is nothing whatsoever wrong in being prepared to battle only to find your enemy does not wish to engage. Often they choose to not engage as they realize that they may have only brought a knife to gun fight. Well, the smart ones do.

4nsicdoc Jul 17, 2012 7:44 pm


Originally Posted by medic51vrf (Post 18948808)
Sorry Doc, with all due respect for your right to an opinion, you utterly and absolutely lost my desire to communicate with you with what I outlined in post #99. If you would like to address those concerns either here or via a private message I'd be happy to hear what you have to say. Until then I have not the slightest desire to interact with you or anyone else who has taken the Hippocratic Oath and yet would make the comments that you did. I honestly thought those types of thoughts and comments ended with the vacation of Barracks 10 at Auschwitz.

All for the better. My whole desire is to shun, as sub-human pariahs, all TSOs and their weasely sock-puppets. So, good riddance. And even if I had taken such an oath, it doesn't command affirmative action. A doctor can refuse treatment for those who can't pay. They, and I, can refuse to provide free transportation to make them pay. So take your Godwin's Rule provingNazi references and stick them you might guess where. If you can't, a clue is that TSOs rub it every time you fly.

ND Sol Jul 17, 2012 10:42 pm


Originally Posted by RichardKenner (Post 18943079)
Yup, they have. And came to an agreement under which they dismissed a case. The stated action violates that agreement.

Which case are you referring to?

medic51vrf Jul 18, 2012 8:27 am


Originally Posted by 4nsicdoc (Post 18951262)
And even if I had taken such an oath, it doesn't command affirmative action. A doctor can refuse treatment for those who can't pay. They, and I, can refuse to provide free transportation to make them pay.

Should you go back and read what I wrote, you will find I made specific reference to two things; Revling in someones death and particular DNA lines being extinguished.

It's so hard having a battle of wits with an unarmed person. Now, where was that "ignore" button? Oh, found it! See ya Foreign Sick Doc!

timfountain Jul 18, 2012 9:08 am


Originally Posted by 4nsicdoc (Post 18948491)
If your advice is to make sure that the idiot remembers it, I agree wholeheartedly. A particularly bad day at work is very memorable. And a day on which a TSO is hauled away in handcuffs for a violation of 49 U.S.C Sec. 46405 will be a bad day.

As for the TSO's request to see a pilot's license (actually it's a "certificate" and not a "license") my advice would be to very impolitely tell the screener that the only legal requirement to produce a certificate for inspection is contained in Section 61.51 of Title 14 of the Code of Federal Regulations and is limited to a production for authorized NTSB reps and real law enforcement and he's just a lazy incompetent, fat (if appropriate) clerk with the same law enforcement powers as his donut stained tie.

I'd like to agree but you should look at 49 C.F.R. § 1540.113. This implies that anyone who holds a pilots license may have that inspected by a TSO and further, the TSA may deem the pilot to be a security risk with the resulting revocation of their certificate.
In light of this I believe the OP had the right approach by not confirming whether they were a pilot, and with good reason given this particularly nasty piece of legislation.

§ 1540.113 Inspection of airman certificate.
Each individual who holds an airman certificate, medical certificate, authorization, or license issued by the FAA must present it for inspection upon a request from TSA.
§ 1540.115 Threat assessments regarding citizens of the United States holding or applying for FAA certificates, ratings, or authorizations.
(a) Applicability. This section applies when TSA has determined that an individual who is a United States citizen and who holds, or is applying for, an
airman certificate, rating, or authorization issued by the Administrator, poses a security threat.
(b) Definitions. The following terms apply in this section:
Administrator means the Administrator of the Transportation Security
Administration.
Assistant Administrator means the Assistant Administrator for Intelligence
for TSA.
Date of service means—
(1) The date of personal delivery in the case of personal service;
(2) The mailing date shown on the certificate of service;
(3) The date shown on the postmark if there is no certificate of service; or
(4) Another mailing date shown by other evidence if there is no certificate
of service or postmark.
Deputy Administrator means the officer next in rank below the Administrator.
FAA Administrator means the Administrator of the Federal Aviation Administration.
Individual means an individual whom TSA determines poses a security
threat.
(c) Security threat. An individual poses a security threat when the individual
is suspected of posing, or is known to pose—
(1) A threat to transportation or national security;
(2) A threat of air piracy or terrorism;
(3) A threat to airline or passenger security; or
(4) A threat to civil aviation security.
(d) Representation by counsel. The individual may, if he or she so chooses,
be represented by counsel at his or her own expense.
(e) Initial Notification of Threat Assessment—
(1) Issuance. If the Assistant Administrator determines that an individual
poses a security threat, the Assistant Administrator serves upon the
individual an Initial Notification of Threat Assessment and serves the determination upon the FAA Administrator.
The Initial Notification includes—
(i) A statement that the Assistant Administrator personally has reviewed
the materials upon which the Initial Notification was based; and
(ii) A statement that the Assistant Administrator has determined that the
individual poses a security threat.
(2) Request for Materials. Not later than 15 calendar days after the date of
service of the Initial Notification, the individual may serve a written request
for copies of the releasable materials upon which the Initial Notification was
based.

Source - http://www.gpo.gov/fdsys/pkg/CFR-201...ec1540-113.pdf

From PPRUNE -
49 C.F.R. § 1540.113, requires pilots to allow inspection of their pilot and medical licenses by TSA, but the regulation does not specify which TSA personnel are so authorized to inspect licenses, what the procedure for the inspection is, what kind of training TSA personnel have to accomplish in advance of performing this function, or any other specifics.

This gives you a bit of insight into how the TSA 'thinks' -

ALPA's Legal Department conferred with TSA HQ in an attempt to clarify which individuals within TSA had inspection authority, what training those individuals received and information about the agency's procedures for inspection of pilot licenses. As a result of those conferences, TSA studied the issue and in June 2004, advised ALPA that public release of detailed information about its internal authorizations and the procedures associated with inspection of pilot credentials is not in the national interest at this time.

Not in the national interest. WTH, just answer a simple question without hiding behind the curtain!

loops Jul 18, 2012 9:22 am


Originally Posted by timfountain (Post 18954438)
I'd like to agree but you should look at 49 C.F.R. § 1540.113. This implies that anyone who holds a pilots license may have that inspected by a TSO and further, the TSA may deem the pilot to be a security risk with the resulting revocation of their certificate.

I certainly hope there remains some provision for due process!! (and not just the random arbitrary and capricious processes of the TSA that we have come to expect from them)

I am especially appalled at this part...


From PPRUNE -
49 C.F.R. § 1540.113, requires pilots to allow inspection of their pilot and medical licenses by TSA, but the regulation does not specify which TSA personnel are so authorized to inspect licenses, what the procedure for the inspection is, what kind of training TSA personnel have to accomplish in advance of performing this function, or any other specifics.

RichardKenner Jul 18, 2012 9:46 am


Originally Posted by ND Sol (Post 18952103)
Which case are you referring to?

Bierfeldt v. Napolitano. The link also has a link to the TSA's agreement with the ACLU.

studentff Jul 18, 2012 9:55 am


Originally Posted by timfountain (Post 18954438)
I'd like to agree but you should look at 49 C.F.R. § 1540.113. This implies that anyone who holds a pilots license may have that inspected by a TSO and further, the TSA may deem the pilot to be a security risk with the resulting revocation of their certificate.
In light of this I believe the OP had the right approach by not confirming whether they were a pilot, and with good reason given this particularly nasty piece of legislation.

I seriously doubt the authors of that law expected it to mean that anyone holding a pilot's license had to provide it on demand from a TSA employee at any arbitrary time. Though it seems so poorly worded as to allow just that.

Reading that text implies that TSA could set up a checkpoint on the interstate or on the street, ask people if they are pilots, and if they ("voluntarily") answer yes, demand to see their certificate. And that this absurd policy would apply, for example, to my father who holds such a certificate but has not flown an aircraft in nearly 25 years.

Papers please, anyone?
:mad:

FlyingHoustonian Jul 18, 2012 11:20 am


Originally Posted by studentff (Post 18954776)
I seriously doubt the authors of that law expected it to mean that anyone holding a pilot's license had to provide it on demand from a TSA employee at any arbitrary time. Though it seems so poorly worded as to allow just that.

Reading that text implies that TSA could set up a checkpoint on the interstate or on the street, ask people if they are pilots, and if they ("voluntarily") answer yes, demand to see their certificate. And that this absurd policy would apply, for example, to my father who holds such a certificate but has not flown an aircraft in nearly 25 years.

Papers please, anyone?
:mad:

Correct, but sadly the law says you must let TSA inspect, I don't like it at all.

As for dumping the charts there is no justification for that.period.

chollie Jul 18, 2012 11:29 am

One of the more poorly-worded (or brilliantly worded) pieces of regulation I've seen.

I kind of wonder what would have transpired if the OP had provided his pilot's certificate. What then?

If it was expired, I'm sure that would have been pointed out. So? I have kept old IDs for a variety of reasons - nothing illegal about it. Would the agent have black-lighted it? What fields would have been checked? Would a copy have been taken (almost certainly 'yes')? If the agent saw something he didn't like on the certificate, would he have used it as grounds to confiscate it or to prevent the OP from entering the sterile area?

RichardKenner Jul 18, 2012 11:42 am


Originally Posted by studentff (Post 18954776)
Reading that text implies that TSA could set up a checkpoint on the interstate or on the street, ask people if they are pilots, and if they ("voluntarily") answer yes, demand to see their certificate.

If the person was a pilot but answered "no", they'd be guilty of a felony (18 USC 1001).

Loren Pechtel Jul 18, 2012 11:42 am


Originally Posted by Combat Medic (Post 18941234)
I've got a book that describes how to make a nuclear bomb. Should the TSA take it from me before I get on a plane?

A while back I ran into the complete genetic code for smallpox on the web.

Fed into an appropriate machine it could be turned into the real thing. (The biggest cost is something around $250k in chemicals--everything needed can readily be ordered. Fortunately, it requires someone with some skill to actually accomplish it.) That makes it far more deadly than plans for an atom bomb as that still requires some rare and highly restricted materials.

Loren Pechtel Jul 18, 2012 11:44 am


Originally Posted by Boggie Dog (Post 18941373)
So should TSA confiscates books that have murder plots as a theme?

How about "Debt of Honor"?


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