Enforcement Investigative Report No. 2008SW210302 - FAA AA_302
Call the Tower: Pilot Deviations and FAA Enforcement (2015)
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Transcript of Call the Tower: Pilot Deviations and FAA Enforcement (2015)
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“Call the Tower…”
MARK J KOLBER ATTORNEY AT LAW
Pilot Deviations and FAA
Enforcement Actions
Midlife Flight, LLC
Mark Kolber
Attorney, Commercial Pilot, CFI / CFII
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Who the Heck Am I?
Commercial Pilot
CFI-A / CFI-I
Attorney licensed in North
Carolina, Colorado &
Massachusetts
Member
– AOPA Legal Services Panel
– Lawyer-Pilots Bar Association
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Disclaimer
This presentation presents general
information and does not comply with
requirements for giving legal advice.
Its content should never be used to replace
advice by a professional you personally
consult.
Don’t say I didn’t warn you!
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How it all begins...
“After landing call...”
“Possible pilot deviation. Suggest you
contact…”
Formal Letters of Investigation
Ramp checks
Accident/incident investigations
Complaints by citizens
Complaints by other pilots and operators
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Initial Contact
“Call the Tower”
“Possible Pilot Deviation.
Suggest you contact…”
– “Brasher” warning.
– In ATC Handbook.
– May be required in certain
cases or no sanction for
violation.
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Initial Contact
Should I call?
What should I say?
Unfortunately, it’s not as simple as that.
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Initial Contact
Saying nothing can be the right answer.
But it can also be the wrong answer!
The FAA has a number of ways to handle
possible violations.
And so do you.
So let’s explore…
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Enforcement Process
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Letter of Investigation
Nature of the violation.
Pilot’s Bill of Rights.
Entitlement to traffic data and how to get it.
Advises that response is not required.
– Only respond if you are sure it will help!
– Get advice!
“Respond in 10 days or the file
will be processed without the
benefit of your comments”
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Enforcement Process
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FAA Enforcement Options
[Civil Penalties]
Certificate Revocation
Certificate Suspension
“709” Ride
Warning Notice or Letter of
Correction
No Action
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No Action
Can happen at any point
– After a talk with the controller
– After oral or written communications with an
Inspector
– After Letter of Investigation
– After Notice of Proposed Certificate Action
Records expunged after 90 days
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Warning Notice or Letter of
Correction (FAR 13.11)
“Administrative Action” not “Enforcement”
Typically involves some sort of re-training
Sometimes associated with special FAA
programs
– Expired Runway Incursion Information
Evaluation Program (RIIEP)
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Warning Notice or Letter of
Correction (FAR 13.11)
Warning Notice
– Describes the incident.
– States “may have been a violation.”
Letter of Correction
– FAA decides there was a violation.
– Specifies corrective action (training).
– Pilot agrees or already took corrective action.
– If not completed, enforcement action likely.
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709 Reexamination
…the Federal Aviation Administration may
…reexamine an airman… 49 U.S.C.
§ 44709(a)
Must be “reasonable”
– But refusal will lead to an emergency order
Limited to reason for request
May request change of inspector or FSDO
Get and log training
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Suspension
For a stated period.
– FAA Order 2150.3B. FAA Compliance and
Enforcement Program Sanction Guidance
Table.
Expunction – until the pilot dies.
– Used to be 5 years.
– Colgan crash and Airline Safety and Federal
Aviation Administration Extension Act of 2010.
– Changes to PRIA.
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Revocation
Certificates and ratings gone.
May reapply after a year.
– Start all over. Multiple checkrides but may use
prior time to meet requirements.
Typically for the most serious violations.
– Drugs and alcohol use
– Fraudulent logbook and flight record entries
– Repeated TFR violations
Expunction – Never
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Lowering Risk of Violations
69% of pilot deviations come from General
Aviation – Us!
Preflight Planning.
Situational awareness.
Taxi diagrams.
– Runway incursions remain a significant
deviation issue.
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Lowering Risk of Violations
Pay attention to altitude assignments –
especially IFR!
Declare an emergency when you have a
problem.
Training.
– Flight training.
– Avionics and tablet training.
– Wings seminars.
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Mitigating Consequences
Aviation Safety Reporting System (NASA
Form).
Consult before you talk.
Remedial Training – beat them to the
punch!
– Schedule session with your own CFI
immediately.
– This may help and will not hurt.
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ASRS – NASA
Safety program with benefits.
Evidence of a compliant attitude.
Mail or submit online within 10 days.
Report may not be used against you in
enforcement proceedings.
– May use information from other sources.
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ASRS – NASA
Anonymous.
– Don't lose it by identifying yourself in
narrative.
Exceptions to anonymity.
– Criminal activity
– Accidents (NTSB Part 830 definitions)
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ASRS – NASA
Waives the penalty not the violation.
Does not waive the penalty if:
– Violation within prior 5 years.
– Violation was intentional or deliberate.
• May be subject of hearing
Does not prevent a “709 Ride”
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Mitigating Consequences
Aviation Safety Reporting System (NASA
Form).
Consult before you talk.
Remedial Training – beat them to the
punch!
– Schedule session with your own CFI
immediately.
– This may help and will not hurt.
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“Advise you contact...”
Aviate – Navigate - Communicate
Fly the airplane!
Complete the flight.
Park/Tie down.
STOP!
RELAX!
THINK!
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“Advise you contact...”
Should I call?
What should I say?
Should I identify myself?
– Famous case or aviation myth?
– They have the tapes. They saw the
radar track.
– IFR or filed VFR flight plan – the PIC
is already identified.
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“Advise you contact...”
Be polite but non-committal
– “This is N1234X. I was asked by to
call you after I landed. Can you tell
me why?”
– “I’d rather not say anything about it
right now.”
– I’d like an opportunity to hear the
tapes before I say anything.
• Pilot’s Bill of Rights -
https://www.faa.gov/pilots/rights/
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How to Deal with Investigation
Do not ignore.
Do not schmooze.
“Compliant attitude.”
Listen more; talk less.
Avoid admissions.
Don’t threaten to send your lawyer, but…
If you can, speak with an attorney before
speaking with the FAA.
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Hot Topics
Model aircraft (drones)
– Pilots may be subject to enhanced civil
penalties or certificate action.
More flexibility for inadvertent, first time
TFR violations.
– Possibility of remedial training/administrative
action for:
• 1 mile incursion with immediate exit
• 2 minute improper squawk with no air traffic
complications.
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Hot Topics
Model aircraft (drones)
– Pilots may be subject to enhanced civil
penalties or certificate action.
More flexibility for inadvertent, first time
TFR violations.
– Possibility of remedial training/administrative
action for:
• 1 mile incursion with immediate exit
• 2 minute improper squawk with no air traffic
complications.
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Find a lawyer – Join a LSP
Cheap protection.
More likely to call attorney.
Recurrent training for
AOPA Panel lawyers.
AOPA members have
access to the list even if
not a subscriber.
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Questions/Comments/Concerns?
Q&A
Thank you for
coming!
Feel free to contact me with
questions about this presentation.
[email protected] ever been in a cockpit before?