Originally Posted by
JohnShe
Actually, they did not reach a consensus on how to define what the jackass was doing. If you read the actual decision you will discover that the FAA lost because they have not completed the task set before them in PUBLIC LAW 112–95—FEB. 14, 2012. As a result, the NTSB ruled that without a regulation in the FAR, the FAA could not penalize the perpetrator.
And as I said there was no reason to bring the Constitution into this, Clearly it would be the wrong decision as they won the case on the fact they had no regulation. Wonder why?