Various FAR ViolationsGeneral 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

Student Operations• Carrying passenger• Solo flight without required endorsement• Operation on international flights• Use of aircraft in business

Various FAR Violations

Flight Instructors• False endorsement of any student pilot record• Exceeding flight time limitation• Instruction in aircraft for which he/she is not rated

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.

Various FAR Violations

altidue

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

Various FAR ViolationsPassenger 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 ViolationsCrewmember 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

testSanctions 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 fracturesof 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

3Request 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 butlegally 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 Action2. 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 informalconference.

2. Notice of Proposed Certificate Action3. Order of Suspension, Revocation orCivil 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 SafeRemember Special Emphasis Areas

1. Preflight Preparation – Weather, Notams & TFR2. Preflight Procedures3. Positive Aircraft control4. Stall/Spin Awareness5. Collision Avoidance6. Runway Incursion Avoidance7. Controlled Flight Into Terrain8. Aeronautical Decision Making (ADM)9. Checklist Usage - GLUMP10. Emergency Operations