I did a little checking on intoxicated flying (checking FAR's and FL statutes) and a little delving back to my days as an Air Force aircrew member and private pilot and this is what I found out.
In FL (860.13), it is a 3rd degree felony, punishable by up to 5 yrs in prison and $5000 fine (775.082-083), to operate an aircraft in the air or on the ground while under the influence of alcoholic beverages. The question, of course, is when is someone operating an aircraft. Operation of the aircraft is considered to be started anytime from the time at which the crew shows up to fly (pick up flight plan, weather, etc) to the time that the engines are running. Operation is not outwardly obvious until the preflight checklist is complete and the engine start checklist is started (which, on commercial jets, usually happens after the pushback from the gate). This (along with time lag through the reporting system) is why they weren't stopped and arrested at the gate.
As for whether the pilots were intoxicated or not, I believe this was the case where the gate agent or security screeners smelled alcohol on the pilots as well as noticing intoxicated behavior. If someone is acting intoxicated and smells of alcohol, they are in no condition to be flying a plane. Also note that the article indicates that a BAC level test was taken 'hours later' and they were still above .08.
In the FAR's, Part 91 Section 17 says:
(a) No person may act or attempt to act as a crewmember of a civil aircraft÷
(1) Within 8 hours after the consumption of any alcoholic beverage;
(2) While under the influence of alcohol;
(3) While using any drug that affects the person's faculties in any way contrary to safety; or
(4) While having .04 percent by weight or more alcohol in the blood.
This is where the 8 hrs bottle-to-throttle comes from (for us Air Force flyers, it was bottle-to-showtime, generally 2 to 2.5 hrs before takeoff). Also note the .04 BAC rather than .08 BAC.
As for your opinion as to what it takes to fly an airplane, its relatively obvious that you have never piloted one and you are way off the mark. Yes, today's commercial airliners basically fly themselves from takeoff to landing now. The pilot is there to deal with problems and emergencies and as a top decision maker concerning the flight itself. When the airplane starts breaking part way through your flight it can quickly overwhelm a top crew hitting all its marks, much less a crew with intoxicated crew members.
In my opinion, the flight crew got exactly what they deserved. The pilot-in-command got a full sentence and the co-pilot got a lesser sentence.
--Andy -------------------------------------------------- Andrew G. Tompkins Software Engineer Beaverton, OR --------------------------------------------------
