CAA: GA News, "Flight schools fight criminal check law"

["Stephen Irwin" <stepheni@xxxxxxxxx>]

Monday, August 26, 2002

Metro flight schools fight criminal check law
Owners: It adds red tape, deters new trainees
By Marisa Schultz
The Detroit (MI) News

  
   WATERFORD TOWNSHIP -- The post-Sept. 11 world of anti-terrorism
efforts and a slumping economy has hit area flight schools especially
hard. 

   Insurance rates on training planes have risen, forcing some schools
to close. Fewer prospective pilots are signing up for training. And
aviation schools have had difficulty shaking their negative image. 

   Now, local flight schools hope a lawsuit filed by an industry
association will strike down another potential business blocker. In May,
the Michigan Legislature passed a law requiring all would-be pilots to
undergo a criminal background check. 

   The law aims to prevent anyone with a felony conviction from
obtaining a pilot's certificate in the state. Michigan is the only state
to take such action. 

   While the bill passed almost unanimously, it met heavy resistance
from pilots, flight schools and aviation groups. The Aircraft Owners and
Pilots Association filed a lawsuit Aug. 6, claiming the state has no
jurisdiction regulating federal airspace and pilot certificates. State
officials are still reviewing the claims. 

   Critics say the law is unconstitutional and adds bureaucracy to a
heavily regulated and fragile industry with no real benefit. 

   "The law would have been no more effective before Sept. 11," said
Leigh Stanley of Tradewinds Aviation in Pontiac. "All of the 19
hijackers -- none of them had a history of violent crimes. 

   "It's a knee-jerk response of the legislators to say to their
constituents that we are doing something about (terrorism)." 

   Stanley's flight school -- one of the largest privately owned schools
in the state -- had about 15 percent more students at this time last
year, he said. 

   Once they learn that they must pay $54 for a background check, many
never come back, Stanley said, although he admits it's hard to determine
between casual inquiries and serious students. Perhaps they had a
criminal history or didn't want to be demeaned by being treated as if
they were a criminal, Stanley said. 

   Under the law, the Michigan State Police must send fingerprints to
the FBI in Virginia to check for convictions. The cleared student then
is allowed to begin training. If any convictions are detected, the
student must stop training. It has happened once since May 22. 

   Critics of the law say that a terrorist could learn how to fly before
completion of the background check, which can take four to six weeks. 

   The Federal Aviation Administration does not require criminal reviews
before issuing pilot licenses. But in response to the attacks, students
who are not citizens or nationals now must receive government approval
before learning to fly heavy aircraft. And they must have a student visa
before flight training of any kind. 

   Other states, including New York and New Jersey, are considering
versions of Michigan's law. 

   One Michigan lawmaker says the law is long overdue. School teachers,
bus drivers and casino workers all have criminal background checks.
Flight school students should be no different, especially following
Sept. 11, said Sen. William Van Regenmorter, chairman of the judiciary
committee that recommended the dozens of bills known as the terrorism
package. 

   The laws are not perfect, and background checks are not fool-proof,
he said. 

   "The law is certainly not intended to imply that people taking flight
lessons are part of the terrorist mindset," said Van Regenmorter,
R-Georgetown Township. "It's just part of the large package of bills to
give Michigan law enforcement capabilities to protect people and prevent
terrorism. Flight schools are just one part of the larger picture." 

   To his knowledge, he said, neither flight schools nor FAA
representatives testified on the bill. He said it's too early to review
its effectiveness. 

   Still, controversy remains. The Aircraft Owners and Pilots
Association, a 385,000-member national organization, calls the law
unconstitutional and ineffective. 

   Since airspace is not divided by states, the law could only be
effective if it was applied to all the nation's flight schools, said
Warren Morningstar, association vice president of communications. For
instance, if Michigan denies someone flight schooling, the student could
go to Toledo. Once certified there, the student can legally fly in
Michigan. 

   Other schools echo that sentiment. Bill Humphrey Sr. is co-partner of
Seaway Aviation, a mom and pop business out of Grosse Ile Airport that
has about a dozen students in training. 

   Humphrey considers himself a good judge of character. When students
come into his tiny office with the sunken-in orange couch and fuzzy TV,
Humphrey automatically profiles them. 

   "I take offense to the government doubting my integrity," he said.
"Do they really think I'm going to let some (wacko) fly one of my
airplanes and crash it into a building?" 

   So far, he said he's received no information from the state on
background checking. And when he does, he's not sure he'll comply. 

   But students such as Patrick Lusche, who dreamed of becoming a pilot
since age 5, say the criminal check would not deter them. 

   The 19-year-old began his training last summer and hopes to earn his
pilot's license next year. 

   "I think (background checking) is a good idea," said Lusche, 19.
"More needs to be done. Anybody can come in here and start taking
lessons, and nobody would say anything. ... The $55 is nothing compared
to someone's life."

Attached Photo's:

Patrick Lusche of Harper Woods packs up after a lesson at Grosse Ile's
Seaway Aviation. He hopes to earn his pilot's license next year. "I
think (background checking) is a good idea," Lusche said. "More needs to
be done."

This Cessna is owned by Seaway Aviation. Co-partner Bill Humphrey Sr.
says he's received no information from the state on criminal checks, and
isn't sure he'll comply.

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