PILOT’S BILL OF RIGHTS 2U.S. SENATOR JIM INHOFE

In summer 2012, U.S. Sen. Jim Inhofe (R-Okla.), a member of the Senate General Aviation Caucus and certi-fied flight instructor with more than 11,000 flight hours, authored and worked to pass the Pilot’s Bill of Rights (PBOR) through Congress. It was signed into law on August 3, 2012, with 65 Senate cosponsors and the endorsement of pilot and actor Harrison Ford.

Since becoming law, PBOR has helped level the playing field between the Federal Aviation Administration (FAA) and general aviation pilots in the court of law. Prior to enactment, the FAA was allowed to use its strength and bureaucratic prowess to strong arm pilots into enforcement actions without giving them an opportunity to fully defend themselves.

Since PBOR was enacted, many other injustices and challenges facing the general aviation community have come to the surface. In response to these outcries, Sen. Inhofe announced this summer the outline for a Pilot’s Bill of Rights 2 (PBOR2) and requested those in the general aviation community submit input for shaping the legislation’s final text.

Sen. Inhofe’s goal with PBOR2 is to continue addressing unfair practices and regulations imposed on the aviation community while ensuring the industry remains safe and innovative without being circum to heavy-handed bureaucracy.

This document contains an outline of PBOR2 and includes some of the feedback Sen. Inhofe has already received from the industry and private pilots alike.

Aviation community, please submit edits and suggestions for PBOR2

by August 8 @

www.inhofe.senate.gov

WHY PILOT’S BILL OF RIGHTS 2?

PBOR2FOR AVIATORS, BY AVIATORS

LEVELS THE PLAYING FIELDPBOR2 clarifies that the benefits provided to pilots under current law shall also apply to other FAA certificate holders in the aviation community. Whether you are a pilot, a charter operator, or a repair station, you should receive the same due process rights under the law when facing an investigation by the FAA. These rights should not be limited only to airmen. The new bill also clarifies that airmen and other FAA certificate holders will have the option to appeal an FAA enforcement action directly to federal district court for a guaranteed de novo, or new and independent review that requires FAA to bear the burden of proof, enshrining pilots’ Constitutional rights of being considered innocent in the eyes of the courts until proven guilty.

REDUCES BURDEN ON PILOTSPBOR2 reduces burdens on general aviation pilots by expanding the FAA’s existing third class medical exemption for light sport aircraft to cover a larger number of small aircraft, while still requiring pilots to assess their fitness to fly and undergo regular flight reviews with a flight instructor. Thousands of pilots leave general aviation every year. Sen. Inhofe is working to make sure the FAA is not making it any more difficult for qualified pilots to keep flying.

“I and my fellow pilots, including our flight school, support this measure... Historically the FAA has taken an overly cautious approach to changing medical certification standards, and while caution should always be exercised, the time has come

for the FAA to acknowledge that there is no significant data indicating that the driver’s license option will compromise safety in the general aviation community.” – Terry of Florida

“I fully support all legislation to reduce the GA pilot burden. The third class medical system is broken and preventing capable pilots from flying planes they are familiar with and forcing them to either fly in unfamiliar light-sport planes or just

be grounded. This leads both to safety issues and a general downturn in GA business.” – Evan of California

EXTENDS FOURTH AMENDMENT PROTECTIONSThe legislation also reigns in overhanded stops and searches of general aviation aircraft by the US Customs and Border Patrol (CBP) for those flying between locations within the United States. Right now, CBP does not have to demonstrate probable cause before it can search a general aviation aircraft. PBOR2 fixes this and establishes a common check on the government’s power. Border protection is incredibly important, but targeting the general aviation community without probable cause demonstrates a lack of respect for legal protections enjoyed by all Americans under the Constitution.

“It is sad these unconstitutional searches continue. Your legislation defending our rights is appreciated.” – Daniel of N.J.

“As a 30 year retired law enforcement officer, I cringe when I hear stories of CBP and local law enforcement stops of aircraft/pilots with little or no reasoning and probable cause. Tactics to insure the safety of officers is one thing. Heavy handed,

unprofessional tactics are another.” –Gary of Florida

RETURNS CONTROL TO LOCAL AIRPORTSPBOR2 expands the ability of local airports to exercise greater control over the use of hangars. Current law gives Washington bureaucrats the ability to dictate what can and cannot happen at an airport hangar, even if it is privately owned and operated. This does not make sense. PBOR2 places these decisions in the rightful hands of local airport supervisors to decide what is and is not an appropriate use of a hangar.

ENCOURAGES SAFETY & INNOVATIONLast year, Congress passed legislation directing FAA to streamline the aircraft certification process by December 2015. PBOR2 expands those streamlining efforts to include equipment certification. Too often FAA regulations prevent the installation of common-sense equipment that has safety enhancing features, especially on older planes. The general aviation community is best served when airmen are allowed to quickly install equipment that make their planes safer to fly. By mandating FAA to streamline its antiquated regulatory structure, the bill will make it much easier to update old aircraft with the newest technologies.

“The regulatory burden and cost of maintaining records and supporting the strange cottage industry of STC’s that these old aircraft generate is significant, and a re-evaluation will yield both safer aircraft, lower costs of aircraft ownership, and

reduced regulatory burden.” – Greg of Washington

“We especially need to make it possible for citizen aviators to improve and modernize their aircraft. Currently the FAA certifi-cation process is far too lengthy and expensive, presenting an obstacle to manufacturers and pilots.” – Brian of Virginia

“To help lower the GA accident rate I think it is critical to move forward with [this provision] – Opens a dialogue on language that will make it easier to install new, safety enhancing equipment on existing aircraft without going through a lengthy,

expensive certification process. Technology continues to advance quickly and becomes smaller and more affordable; however, getting this safety technology into the cockpit can easily double or triple the cost for the certification efforts

required.” – Casey of Wisconsin

Friends, The first Pilot’s Bill of Rights was a victory for the aviation community and made possible by the support of pilots and industry leaders across the nation. Since its implementation, I have heard from the aviation community that more improvements still need to be made to cut red tape. The goal of Pilot’s Bill of Rights 2 is to continue addressing unfair practices and regulations imposed upon the aviation industry. In June, I unveiled my draft legislation for how to accomplish this goal, and also requested pilots and industry leaders to submit feedback on how this legislation can best meet their needs. Together, we can help to ensure a safe and innovative general aviation industry that is free of heavy-handed bureaucracy. The Pilot’s Bill of Rights 2 is not my bill; it’s yours. With your input and comments, the Pilot’s Bill of Rights 2 will serve to once again give a voice to all pilots across the United States.

I hope you will take a moment to participate in the EAA AirVenture Oshkosh forum at 10 AM on Aug. 2. I have also already heard from more than 400 others in the aviation community through my PBOR2 comment form at www.inhofe.senate.gov. I will continue to accept feedback through that form until Aug. 8. My staff and I are reading through your requests, and I look forward to introducing in the Senate the final PBOR2 and working to get it passed through Congress.

Sincerely,

Jim Inhofe

THE WAY FORWARD

aviation community speaks on pbor2:

“We can once again thank Senator Inhofe for bringing key general aviation issues before Congress. This new version of the very popular Pilot’s Bill of Rights comes at a time when the general aviation industry is actively engaged in actions aimed at protecting pilots’ civil liberties and the freedom to fly.”

- Mark Baker, president of Aircraft Owners and Pilots Association (AOPA)

“This legislation would further enhance the pilot and general aviation reforms introduced in the first Pilot’s Bill of Rights, designed to support and grow the ability for more Americans to participate in flying. We are pleased to have worked with Sen. Inhofe and his staff to identify several key issues that are addressed within this bill, which would ease burdens on av-erage Americans who participate in flying.”

- Jack Pelton, chairman of the board for EAA

“After serving in the Air Force during the Korean War, I attended and graduated from Oklahoma University in Aeronautical Engineering, where I also took my flight training. I am Proud to see a fellow Okie take the lead in making life easier for pilots who just want to enjoy the freedom of flying without continuous and unreasonable rules and regulations, sometimes bordering upon harassment.”

–Scott of Alabama202.224.4721 | 205 Russell Senate Office, Washington, D.C. 20510