SW Pilot Arrested on Alcohol Charge

[ORAC]

(CNN) -- Co-pilot arrested on alcohol charges

Southwest first officer taken from cockpit after raising suspicions

Authorities in Utah ordered a Southwest Airlines co-pilot out of the cockpit of his Arizona-bound jet shortly before takeoff Sunday morning and jailed him on suspicion of being under the influence of alcohol, FBI and airline officials said. Carl Fulton, 41, of Fort Worth, Texas, faces federal charges of operating a plane under the influence of alcohol, said Special Agent Pat Kiernan, an FBI spokesman in Salt Lake City.

Fulton was slated to fly as the first officer on a Southwest flight from Salt Lake City to Phoenix at 8 a.m. Sunday. Transportation Security Administration screeners had him followed to the flight's departure gate after noticing Fulton smelled of alcohol while going through security about a half-hour before takeoff, Kiernan said.

Fulton has worked for Southwest for two years and has no previous offenses, airline spokeswoman Paula Berg told CNN. He will be placed on leave until an investigation is complete, she said.

When Fulton boarded the aircraft and went to the cockpit, airport police followed him onto the flight deck and asked him to come to the terminal for questioning, Kiernan said. The flight, which had 123 passengers aboard, left 15 minutes late, Berg said.

FBI agents and officials from the Federal Aviation Administration joined the questioning, and Fulton was given two breath tests before his arrest, Kiernan said. He described the jailed flier as "cooperative," but he disclosed no details of the questioning or the test results.

Federal prosecutors plan to file charges against Fulton on Monday morning, and he will have an initial court appearance at a yet-undetermined time, Kiernan said......

[cordoba]

:ok: what a bozzo, thank god he was dal based!

[planeenglish]

by Jennifer Dobner
Associated Press writer

Salt Lake City (AP) _ A
Southwest Airlines co-pilot accused of being
intoxicated minutes
before takeoff was charged in federal court here.
Prosecutors charged
Carl Fulton, 41, of Fort Worth, Texas,
Monday with one count of
operation of a common carrier under the influence
of alcohol or drugs.
The charge carries a maximum penalty of 15 years in
prison and up to
$250,000 (euro196,050) in fines.
Fulton did not enter a plea. A
preliminary hearing is set for
July 28.
A Transportation Security
Administration screener reported
smelling alcohol on Fulton's breath
Sunday morning at a security
checkpoint. That was about 30 minutes
before Southwest Flight 136, on which
Fulton was the first officer, was
set to depart from Salt Lake City
International Airport for Phoenix.
Fulton was removed from the plane's cockpit and arrested.
He spent the
night in the Salt Lake County Jail.
Court documents say Fulton told
federal air marshals and police
he had consumed two «large beers» at a
local movie house and a third drink
_ vodka _ at a bar in the hotel
where he was staying. He said he stopped
drinking at 10 p.m. Saturday.
A breathalyzer test given to Fulton an hour after he was taken
off the
plane showed his blood-alcohol level was .039 percent; a second
test
registered .038 percent, according to court records. The results were
«mathematically not possible» if he had consumed only three drinks a
day
earlier, an air marshal said in a court document.
Federal Aviation
Administration guidelines say a pilot is
prohibited from flying within
eight hours of consuming alcohol. The agency
bars pilots from flying if
their blood-alcohol level is .020 percent or
greater.
Southwest has
placed Fulton on paid leave _ which prohibits him
from flying _ pending
the outcome of an internal investigation. He had a
«perfectly clear
record» and has worked for the airline for two years,
company spokesman
Ed Stewart said.
110044 jul 06

[Airbubba]

Article Last Updated: 7/11/2006 12:02 PM


Pilot may sidestep criminal charge

By Pamela Manson and Linda Fantin

The Salt Lake Tribune

A breath test shows Southwest Airlines pilot Carl Fulton, arrested Sunday on suspicion of intoxication, had a blood-alcohol concentration well below [sic] the statutory limit, a detail that could help Fulton fend off a criminal charge.
But, if the blood test is correct, the 41-year-old pilot had no business being in the cockpit, according to Federal Aviation Administration rules.
Fulton, the co-pilot, was pulled from a Boeing 737 about 8 a.m. Sunday at Salt Lake City International Airport after security screening technicians smelled alcohol on his breath. Fulton was followed to the gate and escorted from the plane by federal agents who claim in court papers the pilot said he had not had a drink since 10 p.m. the night before, when he consumed three beers and a "grenade of vodka."
The pilot intially refused to take the breath analysis, saying his union had advised against it. He eventually agreed and the test showed his blood-alcohol content to be .039 one hour after he was pulled from the plane, according to a criminal complaint filed in U.S. District Court on Monday.
FAA regulations prohibit pilots from flying or performing any safety-sensitive functions if they have consumed alcohol within eight hours or have a blood-alcohol level of 0.04 percent or higher. A violation usually results in immediate revocation of license. But if, on initial testing, a pilot tests above 0.02, he or she is still not OK to work. The rules say a second test must be conducted within 15 to 30 minutes, and if the pilot still tests high, the pilot must wait another eight hours or until a follow-up test results in a reading below 0.02.
In Fulton's case, a second test was conducted, but only six minutes after the first, and with silimar results.
Southwest Airlines has suspended Fulton from flying while the company and the FBI investigate the allegations against him, said Southwest spokesman Ed Stewart.
"Were the rules followed? That's what we have to determine," said Stewart. "We have to take every fact into account, and all we have here are allegations, not facts. We have to be careful. This guy has been flying for us for two years and he has a crystal clear record."
Southwest Airlines Pilots Association spokeswoman Karen Absalom denied the union had advised Fulton not to take the breath test. All members, she said, are "instructed to comply with the law enforcement officer's request."
Absalom also said that just because someone's blood-alcohol level is below 0.04, does not mean it is safe for the pilot to fly.
Pete Janhunen, spokesman for the Air Line Pilots Association, said: "No matter the regulation, whether it's flight time, duty time, fatigue or alcohol use, we consider them all to be a minimum standard of safety and we encourage pilots and airlines to operate in a margin comfortably above it."
Fulton, of Fort Worth, Texas, appeared Monday before U.S. Magistrate Paul Warner. Warner released Fulton from jail on his own recognizance. Warner ordered him to abstain from alcohol or drugs and submit to random blood testing.
U.S. prosecutors earlier Monday filed a criminal complaint against Fulton, charging him with operation of a common carrier under the influence of alcohol or drugs. Under federal criminal law, anyone with a blood-alcohol level of 0.10 or above is presumed to be intoxicated. If the level is less than that, prosecutors must prove that Fulton had alcohol or drugs in his blood and that he was "under the influence" or impaired by a substance, said acting U.S. Attorney Stephen Sorenson.
Was his speech blurred? Did he walk awkwardly? Did he mishandle his tasks in the cockpit? So far, police and prosecutors have declined to discuss whether they have such evidence.
According to the complaint, Fulton told federal investigators that he had consumed two "large beers" at Brewvies, 677 S. 200 West, on Saturday night during a screening of "Mission Impossible III." He said he then returned to his hotel, the Red Lion, 161 W. 600 South, where he had another beer in the lobby bar and a "grenade of vodka."
Fulton is scheduled to appear again before Warner on July 28. Prosecutors said they plan to present their case to a federal grand jury in the meantime.

http://www.sltrib.com/utah/ci_4035170

[cavortingcheetah]

;) I had no idea what a grenade of vodka might be until I trawled this up on the internet.
I hope the poor fellow is innocent but it ought to be born in mind that a US 1/2 standard drink is probably the equivalent of an English double. So, if and only if, you knocked back what might be roughly 4 x UK doubles, eight units (?) at 22.00, there might well be a trace left at 08.00 the following?


A hand grenade is a melon flavored alcoholic beverage sold at Tropical Isles on Bourbon Street in New Orleans. Marketed as the strongest drink on Bourbon Street, it is the equivalent of about 4 1/2 standard drinks

:hmm: :confused: :rolleyes:

[KC135777]

So, he tested below 0.04 (legal limit)....hmmm, once again, sounds like NO offense has been committed.




Sec. 121.458


Part 121 OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS
Subpart O--Crewmember Qualifications

Sec. 121.458

Misuse of alcohol.

(a) General. This section applies to employees who perform a function listed in appendix J to this part for a certificate holder (covered employees). For the purpose of this section, a person who meets the definition of covered employee in appendix J is considered to be performing the function for the certificate holder.
(b) Alcohol concentration. No covered employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No certificate holder having actual knowledge that an employee has an alcohol concentration of 0.04 or greater shall permit the employee to perform or continue to perform safety-sensitive functions.
(c) On-duty use. No covered employee shall use alcohol while performing safety-sensitive functions. No certificate holder having actual knowledge that a covered employee is using alcohol while performing safety-sensitive functions shall permit the employee to perform or continue to perform safety-sensitive functions.
(d) Pre-duty use.
(1) No covered employee shall perform flight crewmember or flight attendant duties within 8 hours after using alcohol. No certificate holder having actual knowledge that such an employee has used alcohol within 8 hours shall permit the employee to perform or continue to perform the specified duties.

[Groundloop]

The pilot intially refused to take the breath analysis, saying his union had advised against it. He eventually agreed and the test showed his blood-alcohol content to be .039 one hour after he was pulled from the plane, according to a criminal complaint filed in U.S. District Court on Monday.
FAA regulations prohibit pilots from flying or performing any safety-sensitive functions if they have consumed alcohol within eight hours or have a blood-alcohol level of 0.04 percent or higher. A violation usually results in immediate revocation of license. But if, on initial testing, a pilot tests above 0.02, he or she is still not OK to work. The rules say a second test must be conducted within 15 to 30 minutes, and if the pilot still tests high, the pilot must wait another eight hours or until a follow-up test results in a reading below 0.02.
In Fulton's case, a second test was conducted, but only six minutes after the first, and with silimar results.


So, what is the actual limit then? 0.04 or 0.02? The above is VERY confusing.

[KC135777]

Bonger,
Which "book" are your quotes from?
kc135777

[FLCH]

Read the post again KC it's pretty obvious where its from.

[Nov71]

Did anyone check if he had used mouthwash that morning?

[vapilot2004]

The Intoxylizer 5000 and other such equipment used by law enforcement that take breath samples can give erroneous BAC readings when the subject has:

Heartburn and/or Acid Reflux Disease
Hiatal Hernia
Gingivitis
Belched within 10-15 minutes of testing

The esophageal conditions allow stomach acids
to rise into the throat and trachea. Gingivitis can
permit minute traces of blood to be mixed into the breath sample.

Plaques and dental decay can also trap alcohol contained in most mouthwash
for a longer period of time than the average person with a healthy smile.

For a percentage of the population only a blood test will determine the true
BAC - breath analysis equipment results can be dismissed in a US court with
the help of expert testimony of a medical/dental professional for a hefty price and an experienced attorney.

Once again the accused pilot is guilty in the court of public opinion right off.:suspect:

[Nov71]

I don't want my taxi driver (road, rail or air) DUI
We cannot prevent media speculation but perhaps the final judgement should be an NTSB/AAIB etc report

[KC135777]

I already posted the 121 rules...but here's the part 91 (general) rules.

Part 91 GENERAL OPERATING AND FLIGHT RULES
Subpart A--General

Sec. 91.17

Alcohol or drugs.

(a) No person may act or attempt to act as a crewmember of a civil aircraft--
(1) Within 8 hours after the consumption of any alcoholic beverage;
(2) While under the influence of alcohol;
(3) While using any drug that affects the person's faculties in any way contrary to safety; or
(4) While having .04 percent by weight or more alcohol in the blood.

[satpak77]

Based on what I have been reading he didn't violate any FAR's nor any criminal laws, which state .040 or more (FAR) or 0.10 or more BAC for criminal.

FYI

[weasil]

every airline I have ever flown for in the US has had a company policy tighter than the FAR's. 12 hrs and 0.02% is usually the limit. does anybody know what southwest's policy is?

[selfin]

Easier to use one of these, http://www.liedetector.ws/content/view/13/29/

[planeenglish]

Appeals court upholds convictions of two pilots for getting behind
> controls
> while drunk
>
> Miami (AP) _ An appeals court Wednesday upheld the convictions and prison
> sentences of two pilots who got behind the controls of an America West
> plane
> while drunk.
> Thomas Cloyd and Christopher Hughes were arrested before the Phoenix-bound
> America West jetliner took off but after it had pushed away from the gate
> at
> Miami International Airport in 2002.
> The two had been at a bar until about six hours before their flight time;
> federal rules say pilots cannot drink in the eight hours before departure.
> Police stepped in after screeners smelled alcohol on their breath. Hours
> later,
> officials said their blood-alcohol levels were still above Florida's 0.08
> percent limit for drunken driving.
> The men were convicted last year of operating an aircraft while
> intoxicated or
> in a careless or reckless manner.
> Cloyd, 49, was sentenced to five years in prison. Hughes, 45, was
> sentenced to 2
> 1/2 years.
> According to testimony at their trial, Cloyd and Hughes ran up a $122
> (¤96) tab
> and had seven 34-ounce glasses and seven 16-ounce glasses of beer over six
> hours at the bar.
> At dinner before that, they had wine and Cloyd drank a martini.
> Cloyd, from Peoria, Arizona, and Hughes, from Leander, Texas, argued they
> were
> not drunk. The also contended they were not in control of their Airbus 319
> carrying 117 passengers and crew when police stepped in because the plane
> was
> being towed by a ground crew when it was ordered back to the gate.
> In another incident this week, a Southwest Airlines co-pilot was charged
> in Salt
> Lake City after being accused of being intoxicated just minutes before
> takeoff.
> Carl Fulton, 41, was arrested July 9 after a Transportation Security
> Administration screener reported smelling alcohol on his breath at a
> security
> check point about 30 minutes before the Southwest Flight was set to depart
> for
> Phoenix.
> 121812 jul 06
>

[A4]

Quote: "...According to testimony at their trial, Cloyd and Hughes ran up a $122 tab and had seven 34-ounce glasses and seven 16-ounce glasses of beer over six hours at the bar. At dinner before that, they had wine and Cloyd drank a martini. Cloyd, from Peoria, Arizona, and Hughes, from Leander, Texas, argued they were not drunk. The also contended they were not in control of their Airbus 319 carrying 117 passengers and crew when police stepped in because the plane was being towed by a ground crew when it was ordered back to the gate."

Not in control!!!!!!??????? :mad: What a couple of Class 1 Ar$eh0les! Glad they got caught. Dickheads!! :mad:

A4 :rolleyes: