Thursday, July 23, 2009

Felony convictions and airline pilot interviews

Recently, I've received quite a few letters regarding past felony convictions and how they might effect a future career as a commercial pilot.
There are two things to remember here:
  1. To be hired as an airline pilot you must be able to hold a SIDA badge which provides the pilot unescorted access to the airport property, including any safety sensitive area.
  2. How a previous police record is viewed by an interview board.
The first point is pretty clear. The Code of Federal Regulations cites 28 automatic disqualifiers for obtaining a SIDA badge. Below you will find that list. If an applicant has any of these disqualifiers on their record within the last 10 years they will be denied the badge.

The second point, how these convictions are viewed, can become a little more fuzzy. The interviewers will be looking for any trend which might elude to the person's character. Therefore, it is vital that the candidate be as open and honest as possible with regard to the infraction(s). He/she must be prepared to talk about each instance in full detail while taking personal responsibility for his/her actions. The time period between the infraction and the interview is also important. The conviction is a negative mark on the person's record already, so it is critical that they have absolutely nothing negative between the original infraction and the interview.

I hope this helps to answer some questions about convictions - please feel free to leave your comments/questions below.

Regards,
Lori Clark

www.flytheline.com

Below is the excerpt from the Code of Federal Regulations that pertains to obtaining a SIDA badge for unescorted access to airports.
A direct link to the CFR is:
http://www.access.gpo.gov/nara/cfr/waisidx_08/49cfr1542_08.html


§ 1542.209 Fingerprint-based criminal history records checks (CHRC).

(a) Scope. The following persons are within the scope of this section—

(1) Each airport operator and airport user.
(2) Each individual currently having unescorted access to a SIDA, and each individual with authority to authorize others to have unescorted access to a SIDA (referred to as unescorted access authority).
(3) Each individual seeking unescorted access authority.
(4) Each airport user and aircraft operator making a certification to an airport operator pursuant to paragraph (n) of this section, or 14 CFR 108.31(n) in effect prior to November 14, 2001 (see 14 CFR Parts 60 to 139 revised as of January 1, 2001). An airport user, for the purposes of this section only, is any person other than an aircraft operator subject to § 1544.229 of this chapter making a certification under this section.

(b) Individuals seeking unescorted access authority. Except as provided in VerDate Aug<31>2005 09:15 Oct 28, 2008 Jkt 214217 PO 00000 Frm 00331 Fmt 8010 Sfmt 8010 Y:\SGML\214217.XXX 214217 erowe on PROD1PC63 with CFR 322 § 1542.209 49 CFR Ch. XII (10–1–08 Edition) paragraph (m) of this section, each airport operator must ensure that no individual is granted unescorted access authority unless the individual has undergone a fingerprint-based CHRC that does not disclose that he or she has a disqualifying criminal offense, as described in paragraph (d) of this section.

(c) Individuals who have not had a CHRC.

(1) Except as provided in paragraph (m) of this section, each airport operator must ensure that after December 6, 2002, no individual retains unescorted access authority, unless the airport operator has obtained and submitted a fingerprint under this part.
(2) When a CHRC discloses a disqualifying criminal offense for which the conviction or finding of not guilty by reason of insanity was on or after December 6, 1991, the airport operator must immediately suspend that individual’s authority.

(d) Disqualifying criminal offenses. An individual has a disqualifying criminal offense if the individual has been convicted, or found not guilty of by reason of insanity, of any of the disqualifying crimes listed in this paragraph (d) in any jurisdiction during the 10 years before the date of the individual’s application for unescorted access authority, or while the individual has unescorted access authority.

The disqualifying criminal offenses are as follows—
(1) Forgery of certificates, false marking of aircraft, and other aircraft registration violation; 49 U.S.C. 46306.
(2) Interference with air navigation; 49 U.S.C. 46308.
(3) Improper transportation of a hazardous material; 49 U.S.C. 46312.
(4) Aircraft piracy; 49 U.S.C. 46502.
(5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
(6) Commission of certain crimes aboard aircraft in flight; 49 U.S.C. 46506.
(7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46505.
(8) Conveying false information and threats; 49 U.S.C. 46507.
(9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
(10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
(11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
(12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32.
(13) Murder.
(14) Assault with intent to murder.
(15) Espionage.
(16) Sedition.
(17) Kidnapping or hostage taking.
(18) Treason.
(19) Rape or aggravated sexual abuse.
(20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
(21) Extortion.
(22) Armed or felony unarmed robbery.
(23) Distribution of, or intent to distribute, a controlled substance.
(24) Felony arson.
(25) Felony involving a threat.
(26) Felony involving—
(i) Willful destruction of property;
(ii) Importation or manufacture of a controlled substance;
(iii) Burglary;
(iv) Theft;
(v) Dishonesty, fraud, or misrepresentation;
(vi) Possession or distribution of stolen property;
(vii) Aggravated assault;
(viii) Bribery; or
(ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
(27) Violence at international airports; 18 U.S.C. 37.
(28) Conspiracy or attempt to commit any of the criminal acts listed in this paragraph (d).

4 comments:

Job interview Techniques said...

An interview for an airline pilot position has most of the same general rules that apply to other job interviews. Make sure you have reached on time at interview venue.

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Unknown said...

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T Charles said...

Bottom line is do not go against the law if you want to have an impeccable record when you apply.