ARTICLES
You don’t have to talk to the FAA. The FAA encourages pilots to talk about the incident they are investigating. The encouragements include inviting you to respond to a letter of investigation or asking the pilot to call the tower after landing.
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Since 2012, the Pilot’s Bill of Rights has influenced FAA enforcement investigations in many ways. The NTSB, in its capacity as the administrative court of appeal for FAA enforcement actions, has taken an opportunity to interpret an important aspect of the law.
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In August, 2012, the federal government enacted Public Law 112-153, known as the Pilot�s Bill of Rights. It contains various improvements to the aviation regulation and enforcement system to enhance fairness and efficiency.
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A recent opinion from the NTSB demonstrates the complexity of proving that actions were taken in reliance on oral instructions.  In this case, the airman prevailed over the FAA; were the evidence not as strong, the decision could have easily gone the other way.
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The FAA means what it says in questions on application forms, and the consequences of falsifying information are serious. This is particularly true concerning the question about driver’s license actions on the medical certification form, and a recent case underscores this recurring issue.
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Requirements for Reporting Motor Vehicle Actions
The FARs require that holders of airman certificates report motor vehicle actions that involve driving under the influence of drugs or alcohol. This requirement is in addition to, and is not fulfilled by, reporting motor vehicle actions on an application for a medical certificate.
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NTSB Requires FAA to brief pilots on TFRS
In a legal opinion, the NTSB held that an airman who penetrated the Camp David TFR was not in violation of the FARs because he was not advised by the preflight briefer of the enlarged size of the prohibited airspace.
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What to do if you receive a Letter of Investigation
If you receive a letter of investigation (“LOI”) from the FAA regarding a possible FAR violation, you must consider carefully whether to respond and, if you respond, what to say.
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REPRESENTATIVE CASES

McCoy v. Lake, 188 S.W.3d 376 (Ct. App.–Dallas 2006, no writ)
Blakey v. Millennium Propeller Systems, Inc., NTSB Order No. EA-5218 (2006)

 

Photo Credit: Copyright 2007 Mike Fizer/AOPA


 
   

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