Gateway Pilots

Erik Kientzy gave a very informative and surprisingly entertaining presentation on FAA enforcement actions. Erik is an attorney in private practice in St. Louis, specializing in aviation law. He can be reached at (314)968-4031. A few highlights from his talk were:

If you are ever approached by an FAA official and asked for your certificate, what do you do? Refuse? Hand him the certificate? Or let him see it but refuse to let go because letting go can be interpreted as surrendering your certificate to the FAA? This one is easy; you should hand over the certificate. It will not be interpreted as surrendering your ticket; that’s an urban myth. See FAR 61.27. You are under two legal requirements regarding paperwork: 1) to show your certificate and medical upon request, and 2) to produce your logbooks within a reasonable period of time.

In an FAA investigation, the “rights” which you may think you have from watching cop shows on TV do not apply. Since it is an administrative investigation and not police work, no one needs to advise you of your rights, etc. The inspector is not even required to tell you that you are under investigation! The FAA inspectors are trained to put you at ease so that you will talk to them (even though doing so may not be in your best interest). The inspectors will also be looking for mitigating or aggravating circumstances, including your attitude.

If you receive a violation, it will remain on your record for five years. Warnings stay on your record for two years. You should follow up with the FAA after that period to confirm that the violation or warning has been removed.

As a general rule of thumb, when talking to an FAA investigator, be cautious if the conversation turns to events in the past.

NASA ASRS forms are Very Good Things. They are not real Get Out of Jail Free cards but they can be invaluable if you meet the immunity requirements. Do file them either electronically or on paper. Even more important: hang onto the ID strip but don’t write something self-incriminating on the slip like, “ran out of gas.”