Transcript 216_FAA Enforcement Survival Guide MMOPA 2010

FAA ENFORCEMENT
SURVIVAL 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 SEAT
TO FLEXING THEIR MUSCLES
• BUT - THERE ARE SOME GOOD GUYS
OVERVIEW OF THE
FAA ENFORCEMENT PROCESS
FAA ENFORCEMENT
IF THE FAA BELIEVES YOU HAVE
VIOLATED 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 ACTION
THE 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 APPEALABLE
EXPUNGED AFTER 2 YEARS
• REMEDIAL TRAINING
– CATCH 22: MUST ADMIT VIOLATION, NO GUARANTY
WHEN YOU DO
PART OF FAA AIRMAN FILE FOR 2 YEARS
• 44709 RE-EXAMINATION (“709 RIDE”)
CERTIFICATE SUSPENSION IF REFUSE
PART OF FAA AIRMAN FILE FOR 2 YEARS
APPEALABLE: MUST HAVE REASONABLE BASIS FOR
REQUEST
LETTER OF INVESTIGATION
2d 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.
LETTER OF INVESTIGATION
• TO RESPOND OR NOT TO
RESPOND,THAT IS THE QUESTION
• NO STATUTE, REGULATION OR
RULE 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
AVIATION SAFETY
REPORTING SYSTEM
[AC 00-46D]
“NASA REPORT”
HOW TO FILE
AN 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 FAA
DO 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 REPORT
NOW 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)
2)
3)
4)
VOLUNTARILY SURRENDER YOUR CERTIFICATE
FAA ISSUE ORDER AS PROPOSED, SO CAN APPEAL
SUBMIT WRITTEN INFORMATION IN YOUR DEFENSE
REQUEST INFORMAL CONFERENCE WITH FAA
ATTORNEY
5) 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, FAA
WILL ISSUE THE PROPOSED ORDER SUSPENDING/REVOKING
APPEAL TO NTSB
• TRIAL BEFORE NTSB
ADMINISTRATIVE LAW
JUDGE
• FORMALITY OF A CIVIL
LAWSUIT - 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 NUMBER
WHEN 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 CERTIFICATE
APPLICATION QUESTION 18.v
• HISTORY OF (1) ANY CONVICTIONS
INVOLVING DRIVING WHILE INTOXICATED
BY, WHILE IMPAIRED BY, OR WHILE DRIVING
UNDERTHE INFLUENCE OF ALCOHOL OR A
DRUG;OR (2) HISTORY OF ANY CONVICTIONS
OR ADMINISTRATIVE ACTIONS INVOLVING AN
OFFENSE WHICH RESULTED IN THE DENIAL,
SUSPENSION, CANCELATION, OR REVOCATION OF DRIVING
PRIVILEGES OR WHICH RESULTED IN ATTENDANCE AT AN
EDUCATIONAL OR REHABILITATION PROGRAM
• NATIONAL DRIVER REGISTRY CONSENT
• SEPARATE FROM/IN ADDITION TO 61.15(E)
RAMP CHECK
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.
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 QUALIFY
FOR 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 MORE
THAN 48 HOURS IS REQUIRED
WITHIN 7 DAYS FROM INJURY; OR
FX OF A BONE EXCEPT SIMPLE FX
FINGERS, 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 ONLY
ONE 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