Bob Barr is fairly peeved at the Transportation Security Administration for their new list of fines. $1,500 for “non-physical interference with screening” does seem a little high, particularly since attitude is one of the aggravating factors.
The new TSA guidelines are available as a Word document. I’ve also stuck the ones relevant to travellers in the continuation of this post. I can’t get that miffed about high fines for people bringing hand grenades on flights, mind you, but I do keep coming back to $1,500 for non-physical interference. Would that be filing charges?
Anyway, here’s the fun stuff.
Security Violations by Individuals for Prohibited Items Discovered in Checked Baggage
Applicable TSA Regulation: 49 C.F.R. § 1540.111©
- Loaded $1,000-$2,000 + crim. referral
- Unloaded and undeclared/not properly packaged $500-$1,000
- General penalty range $250-$1,500
- Penalty range A* $6,000-$10,000 +crim. referral
- Penalty range B** $250-$1,500
*Penalty Range A:
All other “high explosives”
**Penalty Range B:
Ammunition (note: See exception for ammunition in Checked Baggage, 49 C.F.R. § 1540.111(d)).
Flares in any form
Gunpowder (note: volume over 10 ounces standard package justifies use of Penalty Range A.)
Other Security Violations by Individuals or Persons
- Interference With Screening (49 C.F.R. § 1540.109)
- physical contact $1,500-$5,000
- non-physical $500-$1,500
- false threats $1,000-$2,000
- Entering Sterile Area Without Submitting To Screening $1,000-$3,000 49 C.F.R. § 1540.107
- Tampering or interfering with, compromising, modifying, attempting to circumvent, or causing a person to tamper or interfere with, compromise, modify or attempt to circumvent any security system, measure, or procedure. (49 C.F.R. § 1540.105(a)) $2,500-$6,000
- Entering or being present within a secured area, AOA, SIDA, or sterile area without complying with the systems measures or procedures being applied to control access to, or presence or movement in, such areas. (49 C.F.R. § 1540.105(a)(2)) $1,000-$3,000
- Improper use of airport access medium. (49 C.F.R. § 1540.105(a)(3)) $1,000-$3,000
- Fraud and Intentional Falsification (C.F.R. § 1540.103) $2,500-$6,000 +crim. referral
- Failure to allow inspection of airman certificate, Authorization, FAA license. 49 C.F.R. § 1540.113 $1,000-$3,000
The following is a non-exclusive list of aggravating and mitigating factors frequently encountered in cases of violations by individuals:
- Artful concealment
- Number of weapons, or volume of explosives and incendiaries
- Type of weapon, explosive or incendiary
- Display or use of weapon, explosive or incendiary
- Past violation history of violator
- Experience level of violator (e.g., airport/air carrier employees are trained and experienced).
- Evidence of intent to interfere with operations (e.g., testing the system with a prohibited item, attempting to enter sterile area with prohibited item after previously being allowed to leave in order to divest).
- Attitude of violator
- Disclosure by violator
- Inexperienced flyer
- Violator is a juvenile
- Other penalties assessed by federal, state, or local law enforcement