FAA Enforcing Actions
The Aircraft Owners and Pilots Association (AOPA) handbook of the Federal Aviation Administration (FAA) enforcement actions gives us a very comprehensive explanation about FAA actions and how to deal with them if we are involved in some case of violation of the FARs. It shows all the enforcement procedures that can be used by the FAA, how to respond to the FAA, some information about Remedial Training, accident reporting and notification, the Aviation Safety Reporting Program, and some of the consequences of being involved in FAR violations.The first we need to know is which are the enforcement procedures that the FAA can use against General Aviation pilots. These procedures are: administrative action, reexamination, certificate action, civil penalty, and criminal action. The Administrative Action is issued in 2 ways, which are the Letter of Correction and the Warning Notice. Both are used in violations that are considered too minor to warrant legal enforcement action. The letters mainly say that some corrective action has been taken or will be taken in the future. The next procedure is reexamination, which consists in a reexamination of an airman at any time the FAA has reasonable grounds that may i
A program that is available for pilots and helps in avoiding suspensions or fines resulting from enforcement actions is the Aviation Safety Reporting Program (ASRP). In order to get the immunity, the pilot has to file the Aviation Safety Report within 10 days of the incident on which an enforcement action could be based. The National Aeronautics and Space Administration (NASA) works as a third party in this program. They are in charge of receiving the reports and then tear the part in which the pilot's name is printed. Then they send this part to the pilot as proof. This gives immunity to the pilot, and the FAA cannot take actions on him. This immunity is only granted under some rules, like if the violation was inadvertent and not deliberate. Finally the handbook refers to the effects of being involved in violations of the FARs. For the majority of the pilots the effects have not been serious. They have paid their fines, complied their suspensions, taken their check rides, learned from the experience and came back to their flying activities. However, there are some cases where being involved in these cases can put the pilot in some troubles. One of them is if you are again involved in some kind of repeated offense, since "Past Violation History" is the first item in the FAA Manual on Enforcement List. Finally the last enforcement action that FAA uses is the criminal action, which at the beginning was only used in the case of aircraft piracy or carrying weapons aboard the airplane, but recently it is being applied to false markings of aircraft, illegal aircraft registration and airport security violations. Another similar case occurs when the traffic controller asks you to call to the tower after landing. Everybody thinks that they are obligated to call, but actually they are under no legal obligation to respond. The letter of investigation that the FAA inspector sends you could also offer the pilot the chance to participate in remedial training as an alternative to legal enforcement action. The way this works is very simple. If the FAA inspector considers that remedial training would be more appropriate than a legal enforcement, he will ask the pilot to respond to the letter expressing the interest in the program and cooperation in the investigation. Another way is tha
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Approximate Word count = 1544
Approximate Pages = 6 (250 words per page double spaced)
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