PA Judge rules "Airspace/Flight Path Is Not Public Highway"
-- "The judge tossed a similar argument that the airspace over the county could be considered a 'highway.'" said Montgomery County Assistant District Attorney John Gradel.
Last I heard the "highway in the sky" is maintained by the Federal Government with public funds. The judge rules that flight paths are not highways so the prosecutor can't get this pilot on DUI charges under PA state law. Montgomery County DA Castor relied on the definition of a "vehicle" as something that travels on "a way" to file the DUI charge against Salamone. We would not want the states regulating aviation policy. Big brother FAA knows best. This ruling would have set precedent in Pennsylvania where it's largest airport uses that "highway" in neighboring states and within it's own borders claiming eminent domain under Federal Law. We are very very upset about the widening of "PHL highway in the sky" by the FAA and the City of Philadelphia. We want this FAA created highway permantly detoured/moved over the Delaware River which just happens to be over 5000 ft. wide between Delaware and New Jersey.
The state of Delaware must look at this little loop hole that Pennsylvania law makers are happy with. If this pilot crossed into Delaware airspace while flying drunk Delaware could prosecute and make room for him next to Tom Capano at Gander Hill. I wonder how many jets from PHL flew over that Pennsylvania judge's house last night 11:30 pm?
Judges in Pennsylvania obviously do not understand what the FAA is about and that it uses public money for capital improvement projects like the redesign of NY/NJ/PHL airspace. Maybe this Pennsylvania judge also does not know how to use a dictionary or is this judge flying to Florida via Southwest in July using the "highway in the sky" that the FAA created over Northern Delaware? Who puts these people in office?
See definition below of flight path from website dictionary.
n. The precise route taken or due to be taken through the air by an aircraft or spacecraft.
n 1: the path of an aircraft or rocket through the air 2: a designated route followed by airplanes in flying from one airport to another [syn: air lane, airway]
Click here to read more strategy regarding prosecution by Montgomery County.
Did you know that 17-35 will also land jets @ 2 minute intervals over Montgomery County, PA and portions of the Main Line?
Speaking of the Main Line...
March 15, 2004 President Bush visited Ardmore, PA and celebrated the success of first time buyers and the growth of home ownership during his administration. What a shame he did not visit when PHL planes were roaring overhead using the "highway in the sky". I wonder if Jim Beyers of the FAA delivered my letter to president Bush asking him some of these questions. We will find out by this November if he hears us.
President Bush speaking in Ardmore, PA.
Was the public address system loud enough
to drown out the increasing jet traffic?
Our voices will be heard over the loud constant drone of planes from PHL. Make no mistake about it -- the 2004 presidential race will be decided by the voters of the Philadelphia Tri-State region. We have the long hot summer to get the word out.
Some states remain silent on pilots who fly drunk