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OK, this is purely your webmaster's opinion...but tell me I'm wrong:
Those of us who grew up around the WW-II era watched innumerable movies that
showed cowering travelers having their "papers checked" by totalitarian
authorities who had unfettered authority to haul away anyone for any reason.
We felt so very superior to these poor unfortunates because we lived in the
United States, a 'free society' within which we could travel as we wished
without permission from State Security.
Fast forward to 2009 and guess what? We're in the movies!
Under rules that became mandatory in May 2009, we and anyone else flying
with us must have our "papers checked" and be issued a security clearance by
Homeland Security for the flight prior to taxi, if we are headed for
Canada, the Bahamas, Mexico, etc. The justification for this?
Homeland Security says that, unknown to you, your wife (or fellow Skypark
resident, etc.) may well be on their top secret million-name "no-fly" list
and cannot be allowed in an airplane. I do not joke, this is exactly
what they say. As we know, this same 'no-fly check' already has been
universally applied to commercial flights, and doubtless Security's
empire-builders viewed general aviation as a quick and easy target for
agency expansion.
To
make this even more enjoyable, there have been several incidents (May, June
2009) in which pilots who properly filed the necessary request for security
clearance via eAPIS, and received back the 'clearance to depart' from
Homeland Security, were subsequently physically halted while preparing to
depart. They were subjected to detailed and time-consuming searches of their
aircraft, contents, and their own persons & personal belongings (wallets,
purses). In one of the incidents (Long Beach airport) the search
involved numerous vehicles with flashing lights, agents with drawn guns
"screaming" at the airplane's occupants to 'keep your hands on your heads',
etc. In no case was any explanation given beyond "this was a routine
ramp check and you can go now". Quite naturally, no terrorists,
weapons, explosives, etc. were detected.
When Homeland Security was formally questioned about these incidents the
response of a spokesperson exactly echoed that given by Nazi Germany's
Geheime Staatspolizei (Gestapo). She said, in essence, 'we have the
authority to do this type of search anytime we want to, you can expect us to
do more of it, and we have no obligation to explain or justify our actions
to you'. This response, in my opinion, is even more scary than
screaming agents with drawn guns, claiming as it does totally unfettered
authority to do whatever they please. The Constitution, which
presumably is still somewhat in effect in America, flatly prohibits
'unreasonable' searches, and specifies that a warrant authorizing the search
& seizure procedure will be issued only upon probable cause and shall
describe ".. the place to be searched, and the persons or things to be
seized". The Supreme Court has carved out some exceptions to this,
such as permitting search by a police officer who 'reasonably suspects
criminal activity' (and can later justify his suspicion to higher
authority), but the above incidents appear to have been
purely random in nature and therefore would be impermissible, IMHO.
Additionally, in February 2009 there is an incident in the news where TSA
officials showed up at a Nashville FBO and started conducting bag searches
and wanding crew & passengers headed for their private aircraft. They also
checked FBO employees. See the discussion of the Constitution's Fourth
Amendment, above. The agents referred to a secret document they
call the "Playbook" as their authority to be conducting such searches. There seems to be some difference of opinion even within the TSA about this
but since access to the authorizing document is not allowed on the grounds
of national security, as a practical matter it can say anything they say it
does.
Whether or not TSA will modify their stated intent to apply the full Monte
of airline-style security checks to private aircraft flights within the USA
is unknown at this writing, but we have already established that invoking
the god of Security trumps all objection. While current TSA manpower
limitations dictate they start with 12,500 pound and larger aircraft, once
it starts it certainly will not stop there, because the growth potential for
the security empire is vast.
For an idea of what the future holds for private aviation in America, read
the following:
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Flying for Pleasure in Spain
Victor Gaspar, EAA 379287
Today in Spain, having a simple flight with a friend is
complicated. Let me tell you about a typical weekend flight.
If I want to take someone for a flight, I have to gather
his or her identification details, such as name and two surnames (in Spain we
use the father's family name and the mother's) and the national identity number
(or passport number for a non-Spaniard). I must then fax that information to
airport security, along with flight details, for screening by the Civil Guard
(one of the police forces in Spain that is in charge of airport security). This
has to be done at least 24 hours before the flight. The security office (where
the fax arrives) closes between Saturday afternoon and Monday morning, so if you
want to fly on a Sunday evening you might encounter problems.
When you get to the airport gate you must show your ID
(I have a renewable one issued by airport security that expires every two years)
and two types of guards screen you, a private airport-contracted security force
and the Civil Guards mentioned earlier. Civil Guards can check your car and
X-ray your belongings, although you can take tools inside. I am fortunate to be
able to take my car inside the airport grounds because I also belong to the
local air club, which has 10 parking cards. After this checkpoint I can drive to
the air club building and park there.
To be able to get to the "air zone" you must wear a
reflective vest that must be carried in your car, and to access that zone you
need to clear a remotely operated gate by identifying yourself through an
intercom and camera with your access card numbers (yours and your passenger's
temporary one).
Once you are in the area of the planes, you need to make
a flight plan, stating your aircraft type, instrumentation, departure time,
alternates, fuel on board, etc. This can be done via a computer terminal at some
airports, but in our air club we need to do it by fax. Immediately after sending
it you have to confirm with operations that it was received, and this
confirmation has to be made at least half an hour before departure.
To get fuel you must telephone the fuel company to bring
the truck to your plane, and sometimes this takes a long time. Many times we
have to ask the ground controllers to call them because they don't answer at the
office. In my case, I use a Rotax engine that prefers 95 octane fuel, so I take
it to the airplane in my car.
Apart from the air club hangar, there are no more
available hangars. I have to leave the aircraft in a slot on the tarmac, and I'm
charged more than 1 euro daily (about $1.24 U.S. per day at the time of
publication). Every flight has an operations tax; in my case it's about 13 euros
per flight ($16.20 U.S.). If you want to build a hangar you need to apply for
permission to build one, pay for it, and then give it to the Spanish state
company that owns all public airports (for no compensation) after five years!
Fuel is more expensive. To give an example, our Cessna 182 rents to its
member-owners for about 145 euros ($180 U.S.) per hour.
Where I'm based a transponder isn't necessarily
mandatory, but I had to install one anyway. You need one to enter the Madrid,
Barcelona, and Galicia terminal control areas, and the controllers get very
nervous when they don't know exactly where you are.
Apart from all this, the flight itself is like flying in
any other part of the world, wonderful and magical.

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