PPRuNe Forums - View Single Post - Virgin Atlantic flight from London to NY returns after pilot hurt in laser incident
Old 16th Feb 2016, 15:10
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Flying Lawyer
 
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Edit. On a disappointing note, it seems that the pondlfe scum's sentence was vacated on appeal.
It was.

Sergio Rodriguez was originally found guilty of violating two Federal laws:
18 U.S.C. § 39A which deals specifically with laser pointers.
He was sentenced to 5 years (the maximum) and did not appeal either conviction or sentence.

18 U.S.C. § 32 – willfully attempting to interfere with or disable, with intent to endanger the safety of any person or with a reckless disregard for the safety of human life, anyone engaged in the authorized operation of such aircraft.
He was sentenced to 14 years. (Maximum 20 yrs)
He successfully appealed the second conviction.

The Ninth Circuit Court of Appeals said, in very brief summary, that the appropriate offence in both instances should have been § 39A.
Quote from the Opinion: "Section 39A is designed for knuckleheads like him."
He was ultimately sentenced to 5 years on each, concurrent.

Similar exemplary sentences in the UK would go a long way towards stamping out the stupidity.
Our equivalent of 18 U.S.C. § 39A (maximum 5 yrs) is an offence contrary to Article 222 of the ANO:
“A person must not in the United Kingdom direct or shine any light at any aircraft in flight so as to dazzle or distract the pilot of the aircraft”.
(In force since 2010.)

It is a 'summary only' offence which means that it can be dealt with only in the Magistrates Court, not by a Judge in the Court, and, incredible though it may seem, there is no power to impose a custodial sentence.
The maximum penalty is a fine.

Last edited by Flying Lawyer; 16th Feb 2016 at 15:45.
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