Various FAR Violations
General Aviation Maintenance
• Failure to revise aircraft data after major repair or
alteration
• Failure of mechanic to accomplish inspection properly
• Failure of mechanic to record inspection
• Failure of IA holder to accomplish inspection properly
• Maintenance performed by person without a certificate
• Improper approval for return to service
• Intentionally false or fraudulent entry, reproduction or
alteration in maintenance record
Various FAR Violations
Student Operations
• Carrying passenger
• Solo flight without required
endorsement
• Operation on international flights
• Use of aircraft in business
Flight Instructors
• False endorsement of any student pilot record
• Exceeding flight time limitation
• Instruction in aircraft for which he/she is not rated
Various FAR Violations
Other Flight Violations
• Operation when a valid pilot certificate had not been issued
• Operation while pilot certificate is suspended
• Operation without pilot or medical cert in personal
possession (certificates valid)
• Operation without a current medical certificate when
medically qualified
• Operation without a valid medical certificate when not
medically qualified or when application for med cert deferred
• Operation with known medical deficiency
• Operation for compensation or hire when a valid commercial
pilot certificate had not been issued.
altidue
Various FAR Violations
Other Flight Violations (continued)
• Failure to close flight plan or file arrival notice
• Failure to obtain pre-flight information
• Deviation from ATC instruction or clearance
• Taxiing, takeoff, or landing w/o clearance where ATC tower
in operation
• Failure to maintain radio communications in Class D airspace
• Failure to comply with airport traffic pattern
• Failure to maintain altitude
• Exceeding speed limitation
• Failure to comply with Airworthiness Directive
• Operation without required instrument and/or equipment
Various FAR Violations
Other Flight Violations (continued)
• Failure to comply with operating limitation
• Failure to maintain required minimum altitude over
structure, person, or vehicle-congested area
• Failure to maintain radio watch while under IFR
• Failure to maintain proper altimeter setting
• Operating within restricted or prohibited area
(including a TFR) or Class A airspace
• Taking off with insufficient fuel
• Fuel mismanagement or exhaustion
• Operating so as to cause a collision hazard
Various FAR Violations
Weather Operations
• Failure to comply with visibility min. in controlled airspace
• Failure to comply with visibility min. outside controlled
airspace
• Failure to comply with distance from clouds requirement
in controlled airspace
• Failure to comply with distance from clouds requirement
outside of controlled airspace
• Operating VFR under 1,000 foot ceiling within Class D
airspace
Various FAR Violations
Careless or reckless operation so as to endanger
• Wheels up landing
• Short or long landing
• Landing on, or taking off from, closed runway
• Landing on, or taking off from, ramp or other improper
area
• Taxiing collision
• Leaving aircraft unattended with engine running
• Taxiing aircraft off runway, taxiway, or ramp
Various FAR Violations
Passenger operations
• Carrying passenger who is under the influence
of drugs or alcohol
• Carrying passenger without required recent flight
experience
• Operation without an approved seat or berth and approved
safety belt for each person on board the aircraft required to
have them during takeoff, en route flight, and landing
Various FAR Violations
Crewmember under the influence of drugs or alcohol;
Consumption of alcohol before operating an aircraft
• Consuming alcohol within 8 hours before operating aircraft
• Under the influence of alcohol
• Alcohol concentration .04 percent or above
• Refusal of proper request for LE official to submit to alcohol
test
Sanctions related to DUI/DWI Program
• Intentionally false or fraudulent entry on medical certificate
application regarding DUI conviction or administrative
action under 14 C.F.R. § 67.401(a)(1)
• Making an incorrect statement on a medical certificate
application regarding a DUI conviction or administrative
action under 14 C.F.R. § 67.401(a)(1)
Various FAR Violations
Airman Medical Certificate
• Intentionally false or fraudulent statement on an application
for
a medical certificate or on a request for any special issuance
or
SODA under 14 C.F.R. § 67.401(a)(1)
Drug Convictions
Refusal to produce pilot certificate, log or records
Aviation Safety Reporting Program (ASRS)
• Eliminates sanction (NEW - as an affirmative K
defense respondent bears burden of proof)
• Time critical – within 10 days, Form ARC 277,
or online at http://asrs.arc.nasa.govlforms.htm
• NASA for anonymity and confidentiality
• FAA will make finding of violation
• Appealable to NTSB
Exceptions:
If the event involves:
• An Accident, but see NTSB definition
▪ NO ANONYMITY OR CONFIDENTIALITY!
• A Criminal offense
▪ NO ANONYMITY OR CONFIDENTIALITY!
• Not "inadvertent and not deliberate"
• Lack of competency or qualification
• A finding of violation in past 5 years
Accidents
• Accidents can lead to enforcement –
sometimes unnecessarily
• Notification & reporting requirements
- NTSB, not FAA
- Notification. immediate, NTSB Rule 830.5
- Written report. within 10 days, Rule 830.15
▪ if crew member “physically able”
• NTSB definition of "accident”, Rule 830.2
NTSB's rules defines an "accident" as:
"An occurrence associated with the
operation of an aircraft ... in which any
person suffers death or serious injury,
or in which the aircraft receives substantial damage."
Serious Injury
• Hospitalization more than 48 hours, within 7 days
• Bone fracture, except simple fractures
of fingers, toes, or nose
• Severe hemorrhages; nerve, muscle or tendon damage
• Involves internal organ
• 2d or 3d degree burns or 5% of body surface
Substantial Damage
"damage or failure which adversely
affects the structural strength,
performance, or flight characteristics of
the aircraft, and which would normally
require major repair or replacement of
the affected component”
Substantial damage is not:
• failure or damage of one engine
• bent fairings or cowlings
• dented skin or small puncture holes
• ground damage to prop blades
• damage to landing gear, wheels, tires, flaps,
engine accessories, brakes, or wingtips
Results of an FAA Investigation
• No action
• Oral or written counseling
• Administrative action warning notice
or letter of correction Including remedial training
• Request for reexamination
• Legal enforcement action
• certificate action
• civil penalty
• Criminal action
3
Request for Reexam
• "709 check," request for reexamination
under 49 USC 44709(a)
• By FAA inspector
• Request must be reasonable
• Re-exam limited to reason for request
• Change of inspector or FSDO
• Airman should get prior training, and log it
• Failure or refusal leads to emergency order
• Successful re-exam, no double jeopardy
to protect against punitive certificate action
FAA Legal Enforcement Action,
involves 3 very similar but
legally different FAA letters:
• Letter of Investigation - from an FAA inspector
• Notice of Proposed Certificate Action or
• Order of Suspension, Revocation, or Civil Penalty - from an
FAA lawyer
1. Letter of Investigation
• Merely a notice of investigation
• Airman feels compelled to respond
• A response is not legally required
• Response may be used In evidence
• But if remedial training offered in LOI,
requires response if remedial tr. Wanted
• Decide if, how, and who responds. Call your Aviation
Lawyer
2. Notice of Proposed Certificate Action
•
Offers series of options, including
– Informal conference (statutory right)
▪ telephone vs. in person
– Evidence of ASRS filing
•
Enforcement Investigative Report (EIR)
– don’t use Freedom of Information Act
– Ask FAA for “the releasable portions
of the EIR” to prepare for the informal
conference.
2. Order
3.
Notice of Suspension,
Proposed Certificate
Revocation
Action
or
Civil Penalty
•
Appeal deadline, 20 days of time of service
– NTSB Rule 821.30, see Rule 7 “mailing date”
– No good cause for late filing if bad address on
file with FAA, see Mazufri
– constructive service
•
Stays effectiveness of Order
– except emergency orders
If NO Appeal Taken to NTSB:
• Certificate must be surrendered in
accordance with FAA Order
• Failure to surrender will lead to a civil penalty-action
• $5,000 civil penalty imposed and affirmed
by NTSB, Reid, EA-5150 (2005)
Fly Right / Fly Safe
Remember Special Emphasis Areas
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Preflight Preparation – Weather, Notams & TFR
Preflight Procedures
Positive Aircraft control
Stall/Spin Awareness
Collision Avoidance
Runway Incursion Avoidance
Controlled Flight Into Terrain
Aeronautical Decision Making (ADM)
Checklist Usage - GLUMP
Emergency Operations