FAA ENFORCEMENTSURVIVAL GUIDE

© 2010 All Rights Reserved

SECOND BIGGEST LIE KNOWN TO MANKIND:

I’M FROM THE FAA

AND I’M HERE TO HELP YOU

FAA INVESTIGATIONS• NO CONSTITUTIONAL RIGHTS – WHAT YOU SAY

CAN AND WILL BE USED AGAINST YOU

• SOME INSPECTORS WILL DO THEIR BEST TO MAKE YOU “FESS UP”

AND MAY EVEN SUGGEST EVERYTHING WILL BE OK IF YOU DO EVERYTHING WON’T BE OK

• 6 MONTH TIME LIMIT UNLESS FAA ALLEGES LACK OF QUALIFICATION

BAD GUYS/GOOD GUYS• SAD REALITY: SOME FAA INSPECTORS VIEW THEIR ENFORCEMENT ROLE AS “WINNING” AT ALL COSTS. THE TRUTH IS OFTEN NOT IMPORTANT TO THEM, AND PROMOTING

SAFETY TAKES A BACK SEATTO FLEXING THEIR MUSCLES

• BUT - THERE ARE SOME GOOD GUYS

OVERVIEW OF THEFAA ENFORCEMENT PROCESS

FAA ENFORCEMENT

IF THE FAA BELIEVES YOU HAVEVIOLATED A REGULATION

YOU WILL BE GIVEN MORE THAN ONE OPPORTUNITY TO HANG YOURSELF

PHONE CALL FROM INSPECTOR

1ST OPPORTUNITY TO HANG YOURSELF• SHOULD YOU EVEN TALK TO HIM?NO – UNLESS YOU HAVE: – ABSOLUTE PROOF YOU

DIDN’T DO IT, OR INVOLVES ACCIDENT/REPORTABLE INCIDENT

– IF YOU GET CORNERED, DON’T TELL HIM ANYTHING HE DOESN’T ALREADY KNOW, AND DON’T LIE

– IF YOU FILED AN ASRS REPORT (NASA REP0RT) DON’T TELL HIM ABOUT IT YET

PHONE CALL FROM INSPECTOR

• EVERY TIME YOU SPEAK TO OR MEET WITH AN FAA INSPECTOR, HE WILL PREPARE A WRITTEN MEMO OF HIS VERSION OF WHAT YOU SAID

• CONTEMPORANEOUSLY PREPARE YOUR OWN MEMO OF WHO SAID WHAT

ADMINISTRATIVE ACTIONTHE INSPECTOR HAS [LIMITED] DISCRETION TO

END THE MATTER WITHOUT A CERTIFICATE ACTION

• WARNING LETTER– PART OF FAA AIRMAN FILE FOR 2 YEARS

NOT APPEALABLE• LETTER OF CORRECTION

– NOT APPEALABLEEXPUNGED AFTER 2 YEARS

• REMEDIAL TRAINING– CATCH 22: MUST ADMIT VIOLATION, NO GUARANTY

WHEN YOU DOPART OF FAA AIRMAN FILE FOR 2 YEARS

• 44709 RE-EXAMINATION (“709 RIDE”)CERTIFICATE SUSPENSION IF REFUSEPART OF FAA AIRMAN FILE FOR 2 YEARSAPPEALABLE: MUST HAVE REASONABLE BASIS FOR REQUEST

LETTER OF INVESTIGATION2d OPPORTUNITY TO HANG YOURSELF

Please send us any evidence or statements you might care to make about this matter within 10 days of receiving this letter.

If we do not hear from you within this time, we will complete our report without the benefit of your statement.

• TO RESPOND OR NOT TORESPOND,THAT IS THE QUESTION

• NO STATUTE, REGULATION ORRULE REQUIRES YOU TO RESPOND(ESPECIALLY IF YOU DID IT)

• RESPOND WITH FACTS ONLY IF YOU HAVE ABSOLUTE PROOF YOU DIDN’T DO IT

• EVERYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU

• IF YOU FILED AN ASRS REPORT (“NASA REP0RT”) DON’T DISCLOSE IT YET

LETTER OF INVESTIGATION

AVIATION SAFETY REPORTING SYSTEM

[AC 00-46D]

“NASA REPORT”

HOW TO FILEAN ASRS REPORT

• ON LINE http://asrs.arc.nasa.gov– ELECTRONIC VERIFICATION CODE GIVEN

• ASRS, PO Box 189,Moffett Field, CA 94035-0189 – CERTIFIED MAIL, SO HAVE PROOF OF MAILING– DEIDENTIFIED, TOP IS DATE/TIME STAMPED AND

RETURNED

DO NOT MAIL IT TO THE FAADO NOT GIVE IT TO AN FAA INSPECTOR

GET OUT OF JAIL FREE BUT…..

• WAIVER OF SANCTION ONLY - STILL HAVE A RECORD OF THE VIOLATION

• CAN USE ONCE EVERY 5 YEARS• CAN FILE UNLIMITED NUMBER

SPECIFIC REQUIREMENTS MUST BE MET OR FAA WILL NOT ACCEPT ASRS REPORT

• VIOLATION INADVERTENT AND NOT DELIBERATE

• VIOLATION DID NOT INVOLVE CRIMINAL OFFENSE

• DID NOT INVOLVE 44709 RE-EXAM WHICH DISCLOSES LACK OF QUALIFICATIONS OR COMPETENCY

• NO VIOLATIONS PRIOR 5 YEARS

• ELECTRONICALLY FILED OR MAILED WITHIN 10 DAYS

I FILED AN ASRS REPORTNOW WHAT DO I DO?

• SHOULD I TELL THE FAA I FILED ONE?• DO I REALLY WANT TO USE IT?• WHEN DO I HAVE TO DECIDE WHETHER

OR NOT I WANT TO USE IT?• HOW DO I USE IT?

NOTICE OF PROPOSED CERTIFICATE ACTION

3d OPPORTUNITY TO HANG YOURSELF

• 6 MONTH “STALE DATE” RULE• SPECIFIES FACTS, FAR’S VIOLATED, SANCTION• MUST RESPOND WITHIN 15 DAYS AFTER RECEIPT:

1) VOLUNTARILY SURRENDER YOUR CERTIFICATE2) FAA ISSUE ORDER AS PROPOSED, SO CAN APPEAL3) SUBMIT WRITTEN INFORMATION IN YOUR DEFENSE4) REQUEST INFORMAL CONFERENCE WITH FAA

ATTORNEY5) USE ASRS REPORT, IF FILED ONE

INFORMAL CONFERENCE WITH FAA ATTORNEY

• OPPORTUNITY TO SETTLE

• CAN DO IT BY TELEPHONE

• USE NASA REPORT???

• IF REACH AGREEMENT, IT’S OVER

• IF DON’T SETTLE, FAAWILL ISSUE THE PROPOSED ORDER SUSPENDING/REVOKING

APPEAL TO NTSB• TRIAL BEFORE NTSB

ADMINISTRATIVE LAWJUDGE

• FORMALITY OF A CIVILLAWSUIT - PLEADINGS,MOTIONS, DISCOVERY

• FAA ATTORNEY IS THE PROSECUTOR• FAA HAS THE BURDEN OF PROOF BY PREPONDERANCE

OF THE EVIDENCE

SOME HINTS AND TIPS

CALL THIS NUMBERWHEN YOU LAND

• GET SPECIFICS FROM THE CONTROLLER OF WHY YOU ARE BEING ASKED TO CALL AND DON’T ADMIT ANYTHING OR APOLOGIZE (REMEMBER: RECORDED)

• TELEPHONE CONVERSATION WILL BE RECORDED. DON’T LIE. COOPERATIVE TONE. BE CERTAIN OR BE QUIET

• DON’T ARGUE OR DISCUSS DETAILS UNLESS YOU’RE THE WRONG PILOT

• NAME, ADDRESS, TELEPHONE, CERTIFICATE

NUMBER IF ASKED – THEY WILL GET IT ANYWAY

• WRITE DOWN FACTS FOR YOUR ATTORNEY

DUI REPORTING: FAR 61.15(e)

FAR 61.15(e)• (e) Each person holding a certificate issued under this part shall

provide a written report of each motor vehicle action to the FAA, Civil Aviation Security Division (AMC–700), P.O. Box 25810, Oklahoma City, OK 73125, not later than 60 days after the motor vehicle action. The report must include:

• (1) The person's name, address, date of birth, and airman certificate number;

• (2) The type of violation that resulted in the conviction or the administrative action;

• (3) The date of the conviction or administrative action;• (4) The State that holds the record of conviction or administrative

action; and• (5) A statement of whether the motor vehicle action resulted from

the same incident or arose out of the same factual circumstances related to a previously reported motor vehicle action.

“MOTOR VEHICLE ACTION”

• (1) A conviction after November 29, 1990, for the violation of any Federal or State statute relating to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug;

• (2) The cancellation, suspension, or revocation of a license to operate a motor vehicle after November 29, 1990, for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug; or

• (3) The denial after November 29, 1990, of an application for a license to operate a motor vehicle for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug.

MEDICAL CERTIFICATE APPLICATION (8500-8)

MEDICAL CERTIFICATEAPPLICATION QUESTION 18.v

• HISTORY OF (1) ANY CONVICTIONSINVOLVING DRIVING WHILE INTOXICATEDBY, WHILE IMPAIRED BY, OR WHILE DRIVINGUNDERTHE INFLUENCE OF ALCOHOL OR ADRUG;OR (2) HISTORY OF ANY CONVICTIONSOR ADMINISTRATIVE ACTIONS INVOLVING ANOFFENSE WHICH RESULTED IN THE DENIAL,SUSPENSION, CANCELATION, OR REVOCATION OF DRIVINGPRIVILEGES OR WHICH RESULTED IN ATTENDANCE AT ANEDUCATIONAL OR REHABILITATION PROGRAM• NATIONAL DRIVER REGISTRY CONSENT• SEPARATE FROM/IN ADDITION TO 61.15(E)

RAMP CHECK

• Be courteous and cooperative. • Be busy; FAA inspectors are not authorized to delay you for any

great length of time. • Do not volunteer more information than is absolutely required. • Keep in an easily referenced location at least the following

information: – Your medical and pilot certificate.– Photo ID– Logbook (only for student pilots). – Airworthiness certificate (displayed at the cabin or cockpit

entrance (91.203[b]). – Aircraft registration. – Approved flight manual or operating handbook. – Weight and balance data. – Current charts appropriate for flight (VFR and IFR).

• If the ramp check is due to a possible violation, anything you say or do may be used against you.

RAMP CHECK

3d CLASS MEDICAL CERTIFICATE

• 2 YEARS, UNLESS:– UNDER 40 YEARS OLD, THEN

•5 YEARS

AIRSPACE: TFR, ADIZ

• CHECK NOTAMS• CHECK NOTAMS• CHECK NOTAMS

MAY NOT QUALIFYFOR ASRS IMMUNITY:

INADVERTENT?

REPORTING ACCIDENTS/INCIDENTS

• IT IS A VIOLATION OF REGULATIONS IF REQUIRED NOTIFICATION OF AN ACCIDENT OR INCIDENT IS NOT GIVEN

ACCIDENTS/INCIDENTS

• ACCIDENT: AN OCCURRENCE BETWEEN THE TIME ANY PERSON BOARDS THE AIRCRAFT WITH THE INTENTION OF FLIGHT AND ALL SUCH PERSONS HAVE DISEMBARKED, AND IN WHICH ANY PERSON SUFFERS DEATH OR SERIOUS INJURY, OR THE AIRCRAFT RECEIVES SUBSTANTIAL DAMAGE

• INCIDENT: AN OCCURRENCE OTHER THAN AN ACCIDENT

SERIOUS INJURY

HOSPITALIZATION FOR MORETHAN 48 HOURS IS REQUIRED WITHIN 7 DAYS FROM INJURY; OR

FX OF A BONE EXCEPT SIMPLE FXFINGERS, TOES, NOSE; OR

INVOLVES ANY INTERNAL ORGAN;

INVOLVES 2d OR 3d DEGREE BURNS; OR

INVOLVES ANY BURNS AFFECTING OVER 5% BODY SURFACE

SUBSTANTIAL DAMAGE

ADVERSELY AFFECTS STRUCTURAL STRENGTH, PERFORMANCE, OR FLIGHT CHARACTERISTICS, AND REQUIRES MAJOR REPAIR OR REPLACEMENT. NOT: ENGINE FAILURE/DAMAGE

LIMITED TO AN ENGINE IF ONLYONE ENGINE FAILS OR IS DAMAGED;BENT FAIRINGS OR COWLING; DENTED SKIN; SMALL PUNCTURES IN SKIN; GROUND DAMAGE TO ROTOR OR PROP BLADES; DAMAGE TO LANDING GEAR, WHEELS, TIRES,FLAPS,ENGINE ACCESSORIES, BRAKES,WINGTIPS

49 CFR 830.5: THE OPERATOR OF ANY CIVIL AIRCRAFT “SHALL IMMEDIATELY, AND BY THE MOST

EXPEDITIOUS MEANS AVAILABLE, NOTIFY THE NEAREST NTSB FIELD OFFICE WHEN:”

• AN ACCIDENT OCCURS

• INCIDENT INVOLVING ANY OF THE FOLLOWING OCCURS:

– FLIGHT CONTROL SYSTEM MALFUNCTION OR FAILURE– INABILITY OF REQUIRED CREW TO PERFORM DUTIES DUE TO

INJURY OR ILLNESS– FAILURE OF ANY INTERNAL TURBINE ENGINE COMPONENT

WITH ESCAPE OF DEBRIS NOT THRU EXHAUST– IN FLIGHT FIRE– AIRCRAFT COLLISION IN FLIGHT– PROPERTY DAMAGE (OTHER THAN THE AIRCRAFT) OVER

$25K

INCIDENTS REQUIRING REPORTING TO NTSB (CONT.)

- RELEASE OF ALL OR A PORTION OF A PROPELLER BLADE FROM AN AIRCRAFT, EXCLUDING RELEASE CAUSED SOLELY BY GROUND CONTACT;

- A COMPLETE LOSS OF INFORMATION, EXCLUDING FLICKERING, FROM MORE THAN 50 PERCENT OF AN AIRCRAFT'S COCKPIT

DISPLAYS KNOWN AS:

(i) ELECTRONIC FLIGHT INSTRUMENT SYSTEM (EFIS) DISPLAYS;(ii) ENGINE INDICATION AND CREW ALERTING SYSTEM (EICAS) DISPLAYS;(iii) ELECTRONIC CENTRALIZED AIRCRAFT MONITOR (ECAM) DISPLAYS; OR(iv) OTHER DISPLAYS OF THIS TYPE, WHICH GENERALLY INCLUDE A PRIMARY FLIGHT DISPLAY (PFD), PRIMARY NAVIGATION DISPLAY (PND), AND OTHER INTEGRATED DISPLAYS;

INCIDENTS REQUIRING REPORTING TO NTSB (CONT.)

- AIRBORNE COLLISION AND AVOIDANCE SYSTEM (ACAS) ADVISORIES ISSUED EITHER:

(i) WHEN AN AIRCRAFT IS BEING OPERATED ON AN IFR FLIGHT PLAN AND COMPLIANCE WITH THE ADVISORY IS NECESSARY TO AVERT A SUBSTANTIAL RISK OF COLLISION BETWEEN 2 OR MORE AIRCRAFT; OR

(ii) TO AN AIRCRAFT OPERATING IN CLASS A AIRSPACE.

-AN AIRCRAFT IS OVERDUE AND IS BELIEVED TO HAVE BEEN INVOLVED IN AN ACCIDENT.

CHEAP FAA ENFORCEMENT INSURANCE

AOPA LEGAL SERVICES PLAN

MMOPA

AMELIA ISLAND

OCTOBER 30, 2010