By Brock N. Meeks

In other words, if you shoot off your mouth about being caught trying to take a banned item through airport security, be prepared to pay. It's common sense, said Von Walter, and not unlike a situation in which you've been stopped for a traffic violation. "Be pleasant and apologetic and respectful and it could potentially impact your situation," she said, meaning the difference between a hefty fine and a stern warning.

Disciplinary discretion

Federal security directors at each airport are given flexibility in deciding what offenses should be fined and for how much. "Like a judge on a bench," has leeway to interpret the law to fit the circumstance, Von Walter said. And that includes handing down a fine that is less than the minimum $250, she said, especially in first time offenses.

This flexibility has led to questions from Congress about whether the fines are being fairly assessed across the board. A person caught with a box-cutter at one airport may get off with a verbal warning while another person in similar circumstances might be hit with a $250 fine.

"Consistency is an issue that TSA struggles with," Von Walter acknowledged, pointing out the agency's somewhat confusing shoe screening that seems to differ depending on the airport. "Certainly, we want to insure greater consistency," when it comes to fines, she said.

Ignorance is no excuse

Pleading your case in an apologetic way only goes so far, however. TSA is now three years old. The agency's list of banned items is one of the best publicized post-9/11 government creations for no other reason than it's often in heavy rotation of late night comedian monologues and is derided almost as much as the Department of Homeland Security's terrorist-threat color code.

Bottom line: the TSA feels American travelers have had fair enough warning regarding the consequences of bringing a banned item through airport security. "Certainly, we try and be as understanding as possible," Von Walter said.

There's another reason to keep your head clued in when traveling, beyond the annoyance of having to pay a fine: All the personal information collected during the process of being fined is stored on a government security database that doesn't go away.

"It would be safe to assume that in some cases you may be placed on a 'selectee list,'" said a TSA source with knowledge of the process. Such lists fall short of the infamous "no fly" list, which have erroneously ensnared politicians, celebrities and other innocent travelers. But this selectee list means you're more likely to have your ticket flagged, and that means "you would go through additional screening at airport security checkpoints," the TSA source said.

But you don't have to just "take it." There is an appeal process, the TSA says. One caution though: The procedure is tedious and if you want an in-person hearing, you have to return to the place where the infraction took place.

(Source: TravelWire News) (...BACK)