Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-07-15
AIR RULES SHOWN
TO HAVE TEETH
Commerce Department Has
inflicted Penalties on 90
Flyers in Year.
BY FREDERICK r, NELLY.

Bert Acosta. transatlantic pilot fol
Comdr. .'ichard E. Byrd. and one oil
Americas c'dest airmen from the point
OF continuous flying services. who now
is under two fines totaling $1,000 fol
alleged violations of the Federal all
commerce regulations, Is one of 80 pi-
lots who. since July 81, 1927, have been
punished by the aeronautics branctI
of the Department OF Commerce for
violating the air commerce regulations
or who have been notified that pen
been given an opportunity TO make q
statement before final Judgment Is
passed.
The actual statistics on the number
Of violations Of the regulations from
the date Of the first, nearly year ago,
show that 81 cases have been closed
that is. the punishment OF the de-
partment. fine or suspension OF license
or both, or complete revocation OF the
fyins privilege for all time, has been
carried out. Twenty-three cases are
active" meaning that on the OASIS
of reports to the aeronauticS branch
NJ the deuartment from inspectors in
the field or on evidence supplied by
private citizens, action has been taken.
hut William P. MacCracken. jr., the
.'ciyil air secretary" who. in addition
To being a flyer, is a lawyer, has given
the defendants" an opportunity to put
up a defense.
Offend by Flying Low.
The majority of the offenses have
heen for violation of the regulations
prohibiting low flying over crowds or
congeSted communities. but the entire
"nrohibited flying" list of the air COM
n1erce regulations has been touched up
on at least once by airnien through
out the country who have palo TOT enelr
acts. The department has peen vlsor-
regulations. primarily to save the nVeS
Of pilot and passengers, but particular
IL so with respect TO low nying over
crowds and cities because the hves OF
innocent persons on the ground are
tr1periied
In Furnishing the Law vioiators, the
denarfment not only is carrying out the
mandate of Congress, but Is protecting
the DEVELOPMENT of commercial ano CIV
81 fiying from hindrances in the form
of airnicn who have little or no regard
for life or property. The STATISTICS mace
available to The Star also empnaSlzeo
that II is not the fault OF the airpiane
every time a crash occurs. Many OF the
violations reported resulted from &C
eidents to aircraft which could have
been averted by the pilot had he been
willing to comply with the regulations
Publicity Factor Considered.
Publicity. both national and local, has
been spared the violators by Mr.. Mac
Cracker for the present at least on
until a time when he feels that the
regulations. now in force a little over
a year. have had time to permeate
throughout the United States. Mr.. Mac
Cracker had no desire to block the prog
ress of a conscientious pilot who mad
vertently violated the regulations, ad-
ulisted his guilt and suffered his pen
aity BY authorizing the ssarchllgnt OF
shameful publicity be turned upon MIN.
For wears since the war pilots nave
l,een fiving I'D and down the land Just
as they pleased. the law being--"use
vo,ir head" Those who used II are
living TODAY. while those who didn't
are among the mourne6. Then SUDDEN
IL a voluuninous document OF Teguia.
tions is dropped IN the midst Of tncss
pilots who have struggled along witnout
helm from any source. some OF the pa
lots. probably, have yet TO see copy:
others pledge their cooperation, some
are indifferent and stili others are
6ownricl1t opposed and disobedient, as
the record of their ofTenses shows.
Trying to Help Flyers
The denartment Is bending over
harkwardsa in an effort to give the OF
tending pilot square deal when there
A. evidence that there was nothing VIII
f1,i about his act It IS felt among
sirnen in the aeronautics branch tnaI
conscientious pilot Is subject 70 an un-
successful career If he Is nranoeo ~
The r1ublic print as a reckless" nyer by
vi~t,,e of his being punished for VIC
istion of the regulations that the oe-
r1srtment knows was not Undertaken
with malice of forethougnt.
The uenaities for reckless nylnG
are usually much more severe ana ell
fertive with the pilot making nus Nv
fn~ nv fying than the penalties Tor
ssreckIess driving inflicted on the mo-
torigt, Rarely Is an automobile driver
s1Isiect TO a maximum penalty OF SooV
for reckless driving and suspension OF
his operators permit for 30 Gays, wnicn
fg the punishment meteo out 70 Acossa
for his acrobatics IL q low hiea.rur
cye- the Chicago airport last May. The
loss Of pilots license 70 plot WHO
makes his living carrying passengers
or bv other means Of flying Is blow
to him and 1t is calculated 70 MAKE
him pay closer attention 10 the Teguia-
tons.
The "Acosta case" has emphasized 70
vilots throughout the land that the
6erartment here is endeavortng to en-
force the regulations regardless OF where
the ak may fall and dispels any the
ory that might exist that the air he
roeg" OF the day are immune from the
La