call the tower: pilot deviations and faa enforcement (2015)
TRANSCRIPT
“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
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
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!
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
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.
Initial Contact
Should I call?
What should I say?
Unfortunately, it’s not as simple as that.
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…
Enforcement Process
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”
Enforcement Process
FAA Enforcement Options
[Civil Penalties]
Certificate Revocation
Certificate Suspension
“709” Ride
Warning Notice or Letter of
Correction
No Action
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
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)
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.
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
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.
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
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.
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.
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.
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.
ASRS – NASA
Anonymous.
– Don't lose it by identifying yourself in
narrative.
Exceptions to anonymity.
– Criminal activity
– Accidents (NTSB Part 830 definitions)
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”
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.
“Advise you contact...”
Aviate – Navigate - Communicate
Fly the airplane!
Complete the flight.
Park/Tie down.
STOP!
RELAX!
THINK!
“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.
“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/
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.
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.
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.
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.
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?