American Airlines Pilot Arrested at Manchester (NOT GUILTY)
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"It may have been alcohol limit related, but misreported."
This was posted before the News report.
The charge is Sec 92.
I understand that the pilot was charged (earlier today) with Being Unfit for Duty contrary to section 92 of the Railways and Transport Safety Act 2003.
s. 92: Performing an aviation function, or carrying out an activity that is ancillary to an aviation function, at a time when your ability to perform the function is impaired because of drink or drugs.
He will appear in the Magistrates Court tomorrow.
(Magistrates Courts are similar to Municipal Courts in the United States.)
Link: Alcohol and Flying: The New Law
This was posted before the News report.
The charge is Sec 92.
Originally Posted by Flying Lawyer
I understand that the pilot was charged (earlier today) with Being Unfit for Duty contrary to section 92 of the Railways and Transport Safety Act 2003.
s. 92: Performing an aviation function, or carrying out an activity that is ancillary to an aviation function, at a time when your ability to perform the function is impaired because of drink or drugs.
He will appear in the Magistrates Court tomorrow.
(Magistrates Courts are similar to Municipal Courts in the United States.)
Link: Alcohol and Flying: The New Law
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http://www.ambien.com
From the Ambien website:
Important safety information: AMBIEN is indicated for the short-term treatment of insomnia. There is a low occurrence of side effects associated with the short-term use of AMBIEN. The most commonly observed side effects in controlled clinical trials were drowsiness (2%), dizziness (1%), and diarrhea (1%). When you first start taking AMBIEN, use caution in the morning when engaging in activities requiring complete alertness until you know how you will react to this medication. In most instances, memory problems can be avoided if you take AMBIEN only when you are able to get a full night's sleep (7 to 8 hours) before you need to be active again. As with any sleep medication, do not use alcohol while you are taking AMBIEN. Prescription sleep aids are often taken for 7 to 10 days — or longer as advised by your doctor. All people taking sleep medicines have some risk of becoming dependent on the medicine.
For more information, please see important product information.
Important safety information: AMBIEN CR is indicated for the treatment of insomnia. AMBIEN CR is one of many treatment options, in addition to lifestyle changes, that you and your doctor can consider. Until you know how AMBIEN CR will affect you, you shouldn’t drive or operate machinery. Side effects may include next day drowsiness, dizziness and headache. You shouldn’t take it with alcohol. All sleep medicines carry some risk of dependency. Do not use sleep medicines for extended periods of time without first talking to your doctor. Be sure you’re able to devote 7 to 8 hours to sleep before you need to be active again.
For more information, please see important product information.
From the Ambien website:
Important safety information: AMBIEN is indicated for the short-term treatment of insomnia. There is a low occurrence of side effects associated with the short-term use of AMBIEN. The most commonly observed side effects in controlled clinical trials were drowsiness (2%), dizziness (1%), and diarrhea (1%). When you first start taking AMBIEN, use caution in the morning when engaging in activities requiring complete alertness until you know how you will react to this medication. In most instances, memory problems can be avoided if you take AMBIEN only when you are able to get a full night's sleep (7 to 8 hours) before you need to be active again. As with any sleep medication, do not use alcohol while you are taking AMBIEN. Prescription sleep aids are often taken for 7 to 10 days — or longer as advised by your doctor. All people taking sleep medicines have some risk of becoming dependent on the medicine.
For more information, please see important product information.
Important safety information: AMBIEN CR is indicated for the treatment of insomnia. AMBIEN CR is one of many treatment options, in addition to lifestyle changes, that you and your doctor can consider. Until you know how AMBIEN CR will affect you, you shouldn’t drive or operate machinery. Side effects may include next day drowsiness, dizziness and headache. You shouldn’t take it with alcohol. All sleep medicines carry some risk of dependency. Do not use sleep medicines for extended periods of time without first talking to your doctor. Be sure you’re able to devote 7 to 8 hours to sleep before you need to be active again.
For more information, please see important product information.
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Halfnut
I realise its a side issue, but although KC135777 questions your reasons for mentioning it, it is an important point in relation to to the UK Act, although not nessesrily the case in question.
What it clearly shows is like a lot of prescription or perfectly legal drugs, there are often side effects. These side effects can cause people to fall foul of this and the Road Traffic Acts in the UK.
It's not usualy top of peoples thoughts when they are ill, or indeed just taking something to help them sleep, but legal drugs can cause problems!
I realise its a side issue, but although KC135777 questions your reasons for mentioning it, it is an important point in relation to to the UK Act, although not nessesrily the case in question.
What it clearly shows is like a lot of prescription or perfectly legal drugs, there are often side effects. These side effects can cause people to fall foul of this and the Road Traffic Acts in the UK.
It's not usualy top of peoples thoughts when they are ill, or indeed just taking something to help them sleep, but legal drugs can cause problems!
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Awh sucks guys I just find it interesting some keep barking up the alcohol tree when there is no fox up in that tree. We’ll know more come August 10th.
Here is some more information that some might like to chew on:
http://www.aviationmedicine.com/medi...edicationID=32
Medication Class — Sleep-inducing Medications
Medication Class Description:
None of the OTC sleep preparations, including Sominex, Tylenol PM, and Excedrin PM, are allowed for flight deck use and require waiting 12-24 hours from last dose to flight duty. Prescription medications such as Sonata, Halcion and Restoril are not approved for airmen. Those pilots taking Ambien (zolpidem), another prescription medication, must wait 24-48 hours after the last dose before flying. The Federal Air Surgeon's Medical Bulletin states that Ambien may be used if no more than twice a week and not within 24 hours of flight duties.
The USAF has waived the use of Ambien in its pilots after ground testing and in very specific controlled situations. Sonata, a newly released sleep product, is not approved by the FAA. Sonata was approved by the USAF for ground use by aircrew in controlled situations.
Dietary supplements, such as melatonin, reportedly help reduce sleep problems. The FAA generally allows airmen to use these supplements if those airmen do not suffer side effects from them. However, claims about these dietary supplements' benefits in treating insomnia and "jet lag" often are overstated. Some individuals have significant side effects from these "natural" supplements. A future VFS article will address sleep disturbances and strategies for effective sleep.
Medications Within Class:
Sonata, Ambien, Restoril, Sominex, Tylenol PM, Excedrin PM, Halcion, Aolpidem, melatonin
Here is some more information that some might like to chew on:
http://www.aviationmedicine.com/medi...edicationID=32
Medication Class — Sleep-inducing Medications
Medication Class Description:
None of the OTC sleep preparations, including Sominex, Tylenol PM, and Excedrin PM, are allowed for flight deck use and require waiting 12-24 hours from last dose to flight duty. Prescription medications such as Sonata, Halcion and Restoril are not approved for airmen. Those pilots taking Ambien (zolpidem), another prescription medication, must wait 24-48 hours after the last dose before flying. The Federal Air Surgeon's Medical Bulletin states that Ambien may be used if no more than twice a week and not within 24 hours of flight duties.
The USAF has waived the use of Ambien in its pilots after ground testing and in very specific controlled situations. Sonata, a newly released sleep product, is not approved by the FAA. Sonata was approved by the USAF for ground use by aircrew in controlled situations.
Dietary supplements, such as melatonin, reportedly help reduce sleep problems. The FAA generally allows airmen to use these supplements if those airmen do not suffer side effects from them. However, claims about these dietary supplements' benefits in treating insomnia and "jet lag" often are overstated. Some individuals have significant side effects from these "natural" supplements. A future VFS article will address sleep disturbances and strategies for effective sleep.
Medications Within Class:
Sonata, Ambien, Restoril, Sominex, Tylenol PM, Excedrin PM, Halcion, Aolpidem, melatonin
Sims Fly Virtually
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Gut reaction from pax.
30 years ago (or was it more - I'm getting old!) the culture was different, but I was a trifle nervous flying behind a driver who I had been with at an "airline party" the night before and who said "five to twelve, flight at 8 ack-emma, 5 minutes to the 8 hour rule" and downed an 8-ounce glass of Scotch in those 5 minutes.
Those days, we would sneak out of the party and remove the back wheels from his car if we thought maybe he'd kill himself if he drove home. Thoughts of "3rd parties" didn't occur to us those days. (Okay - we were a bit stupid, as well as "young and irresponsible", and pretty uninformed "way back then".
Don't happen these days!
If the guy had been a bit "over", but the circumstances were so muddied that it was hard for the cops to be sure of a conviction,may I suggest that he's "had a bl00dy good warning", and the best solution would be to let it drop and pretty surely be reassured that he's "had a good flea-in-the-ear" and surely will be more careful in the future, whether he's been on booze, illegal substances, or legal sleeping medication (not suggesting any of this might be the case).
IF he's innocent (for either not taking anything, or because he had no intention of "driving" that day), then it's a waste of the CPS costs to go any further.
My "humble" opinion is that it's gone on toooooo long. Whatever the truth, the whole issue shoudl be dropped if there's not been sufficient evidence found at this time. For the sake of the guy involved, his airline, and for the confidence of the public in air transport.
(signed, seat 31D)
30 years ago (or was it more - I'm getting old!) the culture was different, but I was a trifle nervous flying behind a driver who I had been with at an "airline party" the night before and who said "five to twelve, flight at 8 ack-emma, 5 minutes to the 8 hour rule" and downed an 8-ounce glass of Scotch in those 5 minutes.
Those days, we would sneak out of the party and remove the back wheels from his car if we thought maybe he'd kill himself if he drove home. Thoughts of "3rd parties" didn't occur to us those days. (Okay - we were a bit stupid, as well as "young and irresponsible", and pretty uninformed "way back then".
Don't happen these days!
If the guy had been a bit "over", but the circumstances were so muddied that it was hard for the cops to be sure of a conviction,may I suggest that he's "had a bl00dy good warning", and the best solution would be to let it drop and pretty surely be reassured that he's "had a good flea-in-the-ear" and surely will be more careful in the future, whether he's been on booze, illegal substances, or legal sleeping medication (not suggesting any of this might be the case).
IF he's innocent (for either not taking anything, or because he had no intention of "driving" that day), then it's a waste of the CPS costs to go any further.
My "humble" opinion is that it's gone on toooooo long. Whatever the truth, the whole issue shoudl be dropped if there's not been sufficient evidence found at this time. For the sake of the guy involved, his airline, and for the confidence of the public in air transport.
(signed, seat 31D)
Psychophysiological entity
Edit to reformat and add.
I could barely believe that some of my captains of 35 years ago, could stand up in the morning, let alone fly. Squeezing that last 1/4 bottle down at 8 hrs five mins was almost routine with some guys. ‘It helps me sleep' they would say.
After being ‘forced' to fly with an alcoholic, who would start his night's binge with a double miniature while taxying in, I stormed out of a good gob with a very well known UK independent.
Things are better now, but don't let's turn it into a witch-hunt.
Just a quick note on Zolpidem. I am pretty sure that resorting to this drug, caused me to have problems with short term memory. You know, staring into the fridge, wondering why you're there. The effect was very marked. Because of a back injury, I used it over a several weeks, say 3 times a week. I also trimmed back on the dose. Happily, within three days this effect would wear off.
It was so useful, that I wanted to be sure, and have gone through this cycle about three times.
It is certainly habit forming, partly because it's so good.
I could barely believe that some of my captains of 35 years ago, could stand up in the morning, let alone fly. Squeezing that last 1/4 bottle down at 8 hrs five mins was almost routine with some guys. ‘It helps me sleep' they would say.
After being ‘forced' to fly with an alcoholic, who would start his night's binge with a double miniature while taxying in, I stormed out of a good gob with a very well known UK independent.
Things are better now, but don't let's turn it into a witch-hunt.
Just a quick note on Zolpidem. I am pretty sure that resorting to this drug, caused me to have problems with short term memory. You know, staring into the fridge, wondering why you're there. The effect was very marked. Because of a back injury, I used it over a several weeks, say 3 times a week. I also trimmed back on the dose. Happily, within three days this effect would wear off.
It was so useful, that I wanted to be sure, and have gone through this cycle about three times.
It is certainly habit forming, partly because it's so good.
Last edited by Loose rivets; 17th Jun 2006 at 04:29.
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After the way things went yesterday in the UK, believe that many people, flight crew included, feel that having a stiff drink anytime when near the airport might be a good idea. (just kidding guys) This situation needs to be corrected and soon, otherwise no one will fly.
After yesterdays events the case may have been pushed on the back burner. That said, if the trial is not going to be done in a timely manner then it needs to be dismissed.
After yesterdays events the case may have been pushed on the back burner. That said, if the trial is not going to be done in a timely manner then it needs to be dismissed.
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The Court was to reconvene on August 10th and still no news one week later. Could someone ring up the Flying Lawyer and see if he could get some information in regards to this case?
Thanks in advance,
Thanks in advance,
Just as a brief aside, and I'm sure it has been mentioned here somewhere on the preceding millions of pages...
I recently purchased a digital alcohol meter just to see how it worked, etc.
I realise that its calibration is not as strict as that of the police units, BUT, this morning before my early I tried it out of interest and blew 0.02! I hadn't had a drink for 3 days! I then had a piece of chewing gum which I usually do while flying (my morning breath is atrocious until I have managed to get breakfast
). The reading was now up to 0.05!! 
When I first got the unit I tried it after different toothpastes, mouthwashes, etc and always blew 0.00, but it shows how some items will give false high readings.
I went to work anyway as I knew if stopped, a blood test would prove I was totally dry.
I recently purchased a digital alcohol meter just to see how it worked, etc.
I realise that its calibration is not as strict as that of the police units, BUT, this morning before my early I tried it out of interest and blew 0.02! I hadn't had a drink for 3 days! I then had a piece of chewing gum which I usually do while flying (my morning breath is atrocious until I have managed to get breakfast
). The reading was now up to 0.05!! When I first got the unit I tried it after different toothpastes, mouthwashes, etc and always blew 0.00, but it shows how some items will give false high readings.
I went to work anyway as I knew if stopped, a blood test would prove I was totally dry.
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For someone on the other side of the pond is this a higher court? Any news of the out come of the August 10th court appearance? What transpired to have it moved to the Crown Court? Flying Lawyer we need you!
Thanks for the update Algy. Standing by to standby.
Thanks for the update Algy. Standing by to standby.
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The Crown Court is the second tier of justice in the U.K. Usually when a case goes there it is either because the magistrates can't or will not listen to the case but more often than not it is because the defendant wishes to be tried by a Higher Court which includes the traditional 12 good men/women and true.
"The INTRODUCER"
Yes that's it. It's routine in Magistrates Courts for the case to be 'remanded' a couple of times (or more) during which the authorities just update the court on how the case is coming along. And the defendant is not always required even to attend. So it's quite likely that nothing happened on 10 August apart from a date being set for the Crown Court trial (where it is also an option for the defendant to turn up and decide to plead guilty.)
There is a further complication, which is that under UK law very little is allowed to be reported of a remand Magistrates Court hearing even if it is said in open court. So even if any detail was given on 10 August, or any other hearing, then it could not be reported. Us media types actually quite like that law because it gives us a few months to get all our background material together before the trial (should there be one) finally starts.
(All a bit oversimplified, but that's the gist.)
There is a further complication, which is that under UK law very little is allowed to be reported of a remand Magistrates Court hearing even if it is said in open court. So even if any detail was given on 10 August, or any other hearing, then it could not be reported. Us media types actually quite like that law because it gives us a few months to get all our background material together before the trial (should there be one) finally starts.
(All a bit oversimplified, but that's the gist.)
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An American Airlines pilot who was arrested at Manchester Airport in February on suspicion of being under the influence of alcohol will appear at Manchester Crown Court next month, where he will be formally charged.
J**** ****s, who is 46 and from the US state of Ohio, was arrested at a security checkpoint on 11 February ahead of a Boeing 767-operated flight to Chicago for which he was scheduled to be the relief first officer.
A spokesman for the UK Crown Prosecution Service (CPS) says ****s appeared before Trafford Magistrates Court in Manchester on 10 August, where his case was committed to the city’s Crown Court on Minshull Street. The Crown Court hearing will take place on 28 September.
****s is being charged under the Railways and Transport Safety Act 2003 with carrying out an “aviation function when over the prescribed limit”, says the CPS spokesman.
Source: Air Transport Intelligence news
J**** ****s, who is 46 and from the US state of Ohio, was arrested at a security checkpoint on 11 February ahead of a Boeing 767-operated flight to Chicago for which he was scheduled to be the relief first officer.
A spokesman for the UK Crown Prosecution Service (CPS) says ****s appeared before Trafford Magistrates Court in Manchester on 10 August, where his case was committed to the city’s Crown Court on Minshull Street. The Crown Court hearing will take place on 28 September.
****s is being charged under the Railways and Transport Safety Act 2003 with carrying out an “aviation function when over the prescribed limit”, says the CPS spokesman.
Source: Air Transport Intelligence news
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http://news.bbc.co.uk/1/hi/england/m...er/5389276.stm
An American Airlines pilot who denies he was unfit to fly from Manchester to Chicago has appeared in court.
Pilot James Yates, 46, from Ohio, was stopped on suspicion of being under the influence of alcohol as he was about to board a Boeing 767 with 209 passengers.
He is charged with being unfit for duty under the Railways and Transport Safety Act 2003.
Mr Yates is on unconditional bail and a trial date was set at Manchester Minshull Street Crown Court for March.
An American Airlines pilot who denies he was unfit to fly from Manchester to Chicago has appeared in court.
Pilot James Yates, 46, from Ohio, was stopped on suspicion of being under the influence of alcohol as he was about to board a Boeing 767 with 209 passengers.
He is charged with being unfit for duty under the Railways and Transport Safety Act 2003.
Mr Yates is on unconditional bail and a trial date was set at Manchester Minshull Street Crown Court for March.
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Just saw that on local news. If this is a Court or CPS delay I am ashamed of the system. Either they can, by now, prosecute the charge he was 'unfit to perform..due to alcohol' or not! Why another 6 month delay? Perhaps a Judge had to check performances with a colleague or an illegal immigrant cleaner!
Maybe FL will provide a more professional opinion.
Maybe FL will provide a more professional opinion.
Too mean to buy a long personal title
Almost certainly, simply because courts' diaries are already booked up until then.
In some of the cases that I'm involved in (not criminal cases), you can say to the court that you're ready for a three-day hearing. Fine, they say. Trial date set for 15 or whatever months away - it's the first slot that we can do for a case of your type.
I can't speak for what's happened between February and now, though - only those who know what's been going on in the investigation will know why it's taken so long to get to the current stage.
In some of the cases that I'm involved in (not criminal cases), you can say to the court that you're ready for a three-day hearing. Fine, they say. Trial date set for 15 or whatever months away - it's the first slot that we can do for a case of your type.
I can't speak for what's happened between February and now, though - only those who know what's been going on in the investigation will know why it's taken so long to get to the current stage.