CASAA has set up a Call to Action page with a direct link to the Comments form for the proposed US Department of Transporation (DOT) regulation, "Smoking of Electronic Cigarettes on Aircraft." CASAA.org=
The CTA includes hints on how to register your comment and on what to say.
We have until November 14th to submit our comments.
Why this Issue is Important
The Department of Transportation wants to amend the Code of Federal Regulations to re-define what "smoking" means to include use of an electronic cigarette. Link to full description of what DOT plans to do and their justification for doing so: Regulations.gov
Fines of up to $3,300
Currently thousands (probably tens of thousans) of vapers use their device very discretely on planes. If this regulation goes into effect, any vaper caught using a PV on a plane will be subject to the same criminal penalties as someone who lit a tobacco cigarette on fire and smoked it. This would involve a fine of up to $3,300.
Separation of Powers
There is also a Constitutional issue at stake. Our Constitution calls for a separation of powers. The Legislative branch writes the laws. The Executive branch (all the various "Departments" in the U.S. Government) enforce the laws by writing regulations to carry out the intent of Congress.
In this case, the law passed by Congress is 49 USC Section 41706. It states, "An individual may not smoke in an aircraft.” Full text of law: 49 U.S.C. § 41706 : US Code - Section 41706: Prohibitions against smoking on scheduled flights
DOT created regulations to enforce this law. These are stored in the Code of Federal Regulations: 14 CFR Part 252. Text: PART 252—SMOKING ABOARD AIRCRAFT :: PART 252--SMOKING ABOARD AIRCRAFT :: CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION (AVIATION PROCEEDINGS) :: Title 14 - Aeronautics and Space :: Code of Federal Regulations :: Regulations
Currently, the regulations in Part 252 do not exceed what is authorized in the law. If DOT is permitted to redefine what "smoking" means, they are, in effect, writing their own legislation instead of going back to Congress to have the law changed.
Violation of 8th Amendment Rights?
Personally, I feel that punishing a PV user as if s/he were smoking a combusted cigarette constitutes cruel and unsual punishment. The punishment does not fit the crime. See U.S. Constitution - Amendment 8 - The U.S. Constitution Online - USConstitution.net
Related case law:
The CTA includes hints on how to register your comment and on what to say.
We have until November 14th to submit our comments.
Why this Issue is Important
The Department of Transportation wants to amend the Code of Federal Regulations to re-define what "smoking" means to include use of an electronic cigarette. Link to full description of what DOT plans to do and their justification for doing so: Regulations.gov
Fines of up to $3,300
Currently thousands (probably tens of thousans) of vapers use their device very discretely on planes. If this regulation goes into effect, any vaper caught using a PV on a plane will be subject to the same criminal penalties as someone who lit a tobacco cigarette on fire and smoked it. This would involve a fine of up to $3,300.
Separation of Powers
There is also a Constitutional issue at stake. Our Constitution calls for a separation of powers. The Legislative branch writes the laws. The Executive branch (all the various "Departments" in the U.S. Government) enforce the laws by writing regulations to carry out the intent of Congress.
In this case, the law passed by Congress is 49 USC Section 41706. It states, "An individual may not smoke in an aircraft.” Full text of law: 49 U.S.C. § 41706 : US Code - Section 41706: Prohibitions against smoking on scheduled flights
DOT created regulations to enforce this law. These are stored in the Code of Federal Regulations: 14 CFR Part 252. Text: PART 252—SMOKING ABOARD AIRCRAFT :: PART 252--SMOKING ABOARD AIRCRAFT :: CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION (AVIATION PROCEEDINGS) :: Title 14 - Aeronautics and Space :: Code of Federal Regulations :: Regulations
Currently, the regulations in Part 252 do not exceed what is authorized in the law. If DOT is permitted to redefine what "smoking" means, they are, in effect, writing their own legislation instead of going back to Congress to have the law changed.
Violation of 8th Amendment Rights?
Personally, I feel that punishing a PV user as if s/he were smoking a combusted cigarette constitutes cruel and unsual punishment. The punishment does not fit the crime. See U.S. Constitution - Amendment 8 - The U.S. Constitution Online - USConstitution.net
Related case law:
The Constitution of the United States of America
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