A presentation providing an overview of FAA enforcement actions directed at US pilots, but with broad information that may be applicable to aviation businesses as well. The presentation includes appendices which support the main body of the presentation.
The liability of Air Navigation Service Provider: some lessons from the Ueber...ALIAS Network
The document discusses the 2002 mid-air collision between a Tupolev 154M and a Boeing 757-200 near Überlingen, Germany. It outlines the causes identified in the investigation, the legal aspects including civil liability and criminal responsibility, and lessons learned. Key points include that communication and crisis management were initially mishandled, 8 employees were criminally prosecuted with suspended sentences, and internal measures were established including legal and psychological support for employees. Lessons highlighted ensuring preparedness for crises through basic rules and processes and accepting corporate responsibility without exposing individuals.
"I'm the schmuck that landed on the taxiway:" FAA Enforcement and the Complia...Mark Kolber
A discussion of the FAA's Compliance Philosophy for pilots and mechanics by a practicing aviation lawyer. Presented October 2017.
The full video from which the unviewable clip in slide two is taken is available at https://youtu.be/tzy9jCFk0Iw
The document provides tips on obtaining a good weather briefing, including:
- Practice getting briefings regularly to become familiar with the process.
- Develop an awareness of overall weather patterns before getting a detailed briefing by monitoring forecasts 1-2 days in advance.
- When getting a briefing, provide details about your flight to help the briefer tailor it to your needs.
- The main types of briefings are standard, abbreviated, and outlook, with standard being the most comprehensive close to departure.
1. The document discusses legal aspects of credit and debt collection, including rationales for pursuing legal collection efforts, general problems affecting such efforts, and an overview of the legal collection process.
2. It outlines steps in the legal collection process like sending demands, gathering documents, filing a complaint, serving summons, and parties' potential replies.
3. Techniques to shorten litigation are examined, including discovery methods, summary judgement, judgement on pleadings, and alternative dispute resolution like mediation.
The document provides an overview of the FEMA Public Assistance appeals process, including:
- An introduction to the presenters and an outline of the topics to be covered which include the appeals process, first appeals, second appeals, arbitration, dos and don'ts, and a question period.
- A definition of key terms like appeal and administrative review, an explanation of the purpose and participants of the appeals process, as well as what determinations can be appealed.
- A detailed breakdown of the first and second appeal processes, including who is involved, deadlines, required documentation, and potential outcomes.
- An overview of the now expired Dispute Resolution Pilot Program which had allowed for binding arbitration in
The NTSB investigates drone accidents and incidents to determine probable causes and make safety recommendations. The speaker, an NTSB investigator, discussed how investigations are conducted with input from operators, manufacturers, and regulators. Two case studies were presented: a police drone that crashed due to an inappropriate platform and mission, and a hobbyist drone that crashed with a low battery after the pilot overrode safety systems. The presentation emphasized principles for safe drone operation and preparation for potential investigations.
Obtaining a final and enforceable judgment is often just the first phase of the civil litigation process; without effective enforcement and collection, a judgment is merely a piece of paper (or electronic docket entry). This webinar provides an overview of the technical, procedural and strategic considerations necessary to monetize judgments and make litigation worthwhile.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 PART II 2021
See more at https://www.financialpoise.com/webinars/
The liability of Air Navigation Service Provider: some lessons from the Ueber...ALIAS Network
The document discusses the 2002 mid-air collision between a Tupolev 154M and a Boeing 757-200 near Überlingen, Germany. It outlines the causes identified in the investigation, the legal aspects including civil liability and criminal responsibility, and lessons learned. Key points include that communication and crisis management were initially mishandled, 8 employees were criminally prosecuted with suspended sentences, and internal measures were established including legal and psychological support for employees. Lessons highlighted ensuring preparedness for crises through basic rules and processes and accepting corporate responsibility without exposing individuals.
"I'm the schmuck that landed on the taxiway:" FAA Enforcement and the Complia...Mark Kolber
A discussion of the FAA's Compliance Philosophy for pilots and mechanics by a practicing aviation lawyer. Presented October 2017.
The full video from which the unviewable clip in slide two is taken is available at https://youtu.be/tzy9jCFk0Iw
The document provides tips on obtaining a good weather briefing, including:
- Practice getting briefings regularly to become familiar with the process.
- Develop an awareness of overall weather patterns before getting a detailed briefing by monitoring forecasts 1-2 days in advance.
- When getting a briefing, provide details about your flight to help the briefer tailor it to your needs.
- The main types of briefings are standard, abbreviated, and outlook, with standard being the most comprehensive close to departure.
1. The document discusses legal aspects of credit and debt collection, including rationales for pursuing legal collection efforts, general problems affecting such efforts, and an overview of the legal collection process.
2. It outlines steps in the legal collection process like sending demands, gathering documents, filing a complaint, serving summons, and parties' potential replies.
3. Techniques to shorten litigation are examined, including discovery methods, summary judgement, judgement on pleadings, and alternative dispute resolution like mediation.
The document provides an overview of the FEMA Public Assistance appeals process, including:
- An introduction to the presenters and an outline of the topics to be covered which include the appeals process, first appeals, second appeals, arbitration, dos and don'ts, and a question period.
- A definition of key terms like appeal and administrative review, an explanation of the purpose and participants of the appeals process, as well as what determinations can be appealed.
- A detailed breakdown of the first and second appeal processes, including who is involved, deadlines, required documentation, and potential outcomes.
- An overview of the now expired Dispute Resolution Pilot Program which had allowed for binding arbitration in
The NTSB investigates drone accidents and incidents to determine probable causes and make safety recommendations. The speaker, an NTSB investigator, discussed how investigations are conducted with input from operators, manufacturers, and regulators. Two case studies were presented: a police drone that crashed due to an inappropriate platform and mission, and a hobbyist drone that crashed with a low battery after the pilot overrode safety systems. The presentation emphasized principles for safe drone operation and preparation for potential investigations.
Obtaining a final and enforceable judgment is often just the first phase of the civil litigation process; without effective enforcement and collection, a judgment is merely a piece of paper (or electronic docket entry). This webinar provides an overview of the technical, procedural and strategic considerations necessary to monetize judgments and make litigation worthwhile.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 PART II 2021
See more at https://www.financialpoise.com/webinars/
January 2016 Edition of the "Call the Tower - Pilot Deviations and FAA Enforcement Actions." Includes information about the FAA's new "Compliance Philosophy" which went into effect in October, 2015.
The document discusses the FAA's new "compliance philosophy" which aims to focus more on correcting deviations through education and training rather than punishment. It outlines how the FAA traditionally handled enforcement through actions like civil penalties, certificate revocation/suspension, re-examinations, warning notices, and no action. The new approach uses "compliance actions" which are non-punitive and focus on identifying root causes of deviations and restoring compliance through remedial training within 21 days. However, some exceptions apply and not all FAA offices have fully adopted the new culture yet. The document provides information sources to learn more about the compliance philosophy.
March 2016 Edition of "Call the Tower - Pilot Deviations and FAA Enforcement Actions."
Presented March 5, 2016 at Triangle North Executive Airport, Louisburg, NC
Electronic Document Retention And Legal HoldsJohn Jablonski
Overview of the duty to preserve records, the Seven Steps of a legal hold business process and basic evidence for the admissibility of electronic evidence (aka ESI)
This letter grants an exemption to Mr. Gerald Thielemann to operate an unmanned aircraft system to conduct aerial photography and remote sensing. The exemption is granted based on similar exemptions given to other petitioners to operate UAS that pose less safety risk than manned aircraft. 28 specific conditions and limitations are provided that the operator must follow, including requirements for the pilot in command certification, visual line of sight operation, daytime-only flight, and minimum distances from people, vessels and structures. The exemption is valid unless the documents describing the intended operations are changed.
This is a field-oriented PPT and deals with every step from the initiating to the finalization of the DAR case, which no other book has tried to explain and a lot of effort has gone into preparing the contents.
This document discusses the emergence and development of emergency arbitrations. It provides an overview of key aspects of emergency arbitrations such as the requirement for interim relief, alternatives to emergency arbitrations like expedited tribunal formation, and a comparison of emergency arbitration rules across different arbitral institutions. The document also examines enforcement of emergency arbitrator decisions, provides a case study example, and concludes with comments on the effectiveness of emergency arbitrations.
This document outlines the administrative case process and remedies available at different stages. It discusses:
1. Remedies for the would-be respondent at the complaint stage, including dismissal due to lack of jurisdiction or forum shopping.
2. Remedies in response to a formal charge, such as filing an answer or requesting clarification.
3. Appealing a preventive suspension order to the Civil Service Commission within 15 days.
4. Filing a motion for reconsideration with the disciplining authority within 15 days for a party adversely affected by a decision.
Commercial Litigation 2014 Year in Review.PDFNola Pearce
The document summarizes several recent court cases from Queensland that provide guidance on pleading practice and the mechanism of "deemed admissions" under the Uniform Civil Procedure Rules. It discusses cases that examined what explanations are required to deny or non-admit allegations in a defense in order to avoid admissions. The cases demonstrate the risks for defendants if a defense fails to properly deny or explain the basis for not admitting key facts, as those facts can then be deemed admitted by the court.
The document provides an overview of disciplinary procedures and rules (D&A Rules) for railway employees in India. It discusses topics like:
- Forms and authorities involved in disciplinary actions
- Grounds and process for suspension of employees
- Types of penalties under D&A Rules
- Principles of natural justice as per the Indian constitution
- Process for issuing a charge sheet
- Procedures for conducting disciplinary inquiries
- Situations where an inquiry may not be necessary
- Tactics sometimes used to delay disciplinary proceedings
The document is intended as a reference for understanding D&A Rules and properly handling disciplinary cases and inquiries against railway employees according to due process.
The document summarizes Indiana's public access laws regarding government meetings and records. It discusses the creation of the Public Access Counselor's office to provide guidance on the Open Door Law and Access to Public Records Act. It outlines requirements for public notices, meetings, executive sessions, records requests and responses, and exceptions. Remedies for noncompliance include complaints, lawsuits, and potential fines.
This document outlines the rules and procedures related to disciplinary action and appeals for railway employees in India. Some key points include:
- Discipline & Appeal Rules (D&AR) and Annual Confidential Reports are tools to control subordinates, but D&AR should only be used as a last resort.
- Educate, coach, and motivate staff before considering D&AR. Warnings or expressing written displeasure should be tried in normal situations.
- For D&AR action, the disciplinary authority must apply their full logical mind and ensure no other remedy is available before proceeding.
- The document details the procedures for minor and major penalties, conducting inquiries, framing chargesheets,
1) The document outlines the steps for conducting a departmental inquiry into employee misconduct, including examining complaints, preliminary investigation, drafting charge sheets, minor and major penalty proceedings, inquiry proceedings, and issuing final orders.
2) Key parts of the process include identifying the alleged misconduct, investigating the complaints, drafting specific charges, providing employees opportunities to respond to charges, conducting inquiries where employees deny charges, and imposing penalties or exoneration based on evidence.
3) Consultation with oversight agencies like the Central Vigilance Commission and Union Public Service Commission is also required at various stages of the process.
The document provides guidance on preparing for and responding to environmental inspections at facilities. It recommends that facilities develop an inspection policy that includes designating a response team to escort inspectors and make contact with legal counsel. When inspectors arrive, company representatives should request identification and the purpose and scope of the inspection. Inspectors may request documents and question employees. The guidance advises being cooperative while protecting confidential information, and having a closing meeting to understand next steps. Developing an inspection protocol and conducting mock inspections can help facilities prepare.
Slides from Tim Haley\'s October 6, 2011 web event - ASTM\'s New E2790 Continuing Obligations Standard: What It Means for You. To watch a replay visit our website. http://commonground.edrnet.com/pages/ead25677de
Faa proposed rules on operation and certification of small unmanned aircraft ...PublicLeaks
The FAA is proposing a new rule to allow routine civil operation of small unmanned aircraft systems (UAS) weighing less than 55 pounds in the National Airspace System. The proposed rule would establish specific operating rules to mitigate risk, including limiting operations to daylight hours, visual line of sight, confined areas, and below an altitude of 500 feet. It would also address aircraft registration and marking, operator certification requirements, and operational restrictions to ensure small UAS operations can safety and securely be integrated into the NAS.
Faa proposed rules on operation and certification of small unmanned aircraft ...PublicLeaks
The Federal Aviation Administration (FAA) is proposing new rules to allow small unmanned aircraft systems (UAS) to operate in the National Airspace System. The proposed rules would address UAS operator certification, registration requirements, and operating rules. It would also find that airworthiness certification is not required for small UAS. The proposal aims to safely integrate small UAS into the NAS while prohibiting model aircraft that could endanger safety.
Faa proposed rules on operation and certification of small unmanned aircraft ...PublicLeaker
The FAA is proposing a new rule to allow routine civil operation of small unmanned aircraft systems (UAS) weighing less than 55 pounds in the National Airspace System. The proposed rule would establish specific operating rules to mitigate risk, including limiting operations to daylight hours, visual line of sight, confined areas, and below an altitude of 500 feet. It would also address aircraft registration and marking, operator certification requirements, and operational restrictions to ensure small UAS operations can safety and securely coexist with other aircraft.
This document outlines the proper procedure for conducting a domestic inquiry under Indian law when taking disciplinary action against an employee. Key points include:
1) A fair inquiry must be conducted according to principles of natural justice before an employer can punish an employee for misconduct.
2) The inquiry officer must give the employee a chance to defend themselves by examining witnesses and evidence against them.
3) The management bears the burden of proving the charges, and the employee must be considered not guilty unless proven otherwise.
4) If conducted properly and without bias, the employer's decision is unlikely to be overturned even if challenged.
The document examines the use of capias and show cause summons documents in Virginia courts. It finds that:
1) A capias can be used to charge new offenses like failure to appear, contempt of court, or failure to obey a court order and should receive an offense tracking number. A show cause summons is only for notice and should not receive an offense tracking number.
2) If a capias receives an offense tracking number, the common charges associated with it in the uniform statute tables would be failure to appear, contempt of court, and failure to obey a court order since these are the charges a capias is traditionally used to allege.
3) Assigning offense tracking
Building Production Ready Search Pipelines with Spark and MilvusZilliz
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January 2016 Edition of the "Call the Tower - Pilot Deviations and FAA Enforcement Actions." Includes information about the FAA's new "Compliance Philosophy" which went into effect in October, 2015.
The document discusses the FAA's new "compliance philosophy" which aims to focus more on correcting deviations through education and training rather than punishment. It outlines how the FAA traditionally handled enforcement through actions like civil penalties, certificate revocation/suspension, re-examinations, warning notices, and no action. The new approach uses "compliance actions" which are non-punitive and focus on identifying root causes of deviations and restoring compliance through remedial training within 21 days. However, some exceptions apply and not all FAA offices have fully adopted the new culture yet. The document provides information sources to learn more about the compliance philosophy.
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Presented March 5, 2016 at Triangle North Executive Airport, Louisburg, NC
Electronic Document Retention And Legal HoldsJohn Jablonski
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This letter grants an exemption to Mr. Gerald Thielemann to operate an unmanned aircraft system to conduct aerial photography and remote sensing. The exemption is granted based on similar exemptions given to other petitioners to operate UAS that pose less safety risk than manned aircraft. 28 specific conditions and limitations are provided that the operator must follow, including requirements for the pilot in command certification, visual line of sight operation, daytime-only flight, and minimum distances from people, vessels and structures. The exemption is valid unless the documents describing the intended operations are changed.
This is a field-oriented PPT and deals with every step from the initiating to the finalization of the DAR case, which no other book has tried to explain and a lot of effort has gone into preparing the contents.
This document discusses the emergence and development of emergency arbitrations. It provides an overview of key aspects of emergency arbitrations such as the requirement for interim relief, alternatives to emergency arbitrations like expedited tribunal formation, and a comparison of emergency arbitration rules across different arbitral institutions. The document also examines enforcement of emergency arbitrator decisions, provides a case study example, and concludes with comments on the effectiveness of emergency arbitrations.
This document outlines the administrative case process and remedies available at different stages. It discusses:
1. Remedies for the would-be respondent at the complaint stage, including dismissal due to lack of jurisdiction or forum shopping.
2. Remedies in response to a formal charge, such as filing an answer or requesting clarification.
3. Appealing a preventive suspension order to the Civil Service Commission within 15 days.
4. Filing a motion for reconsideration with the disciplining authority within 15 days for a party adversely affected by a decision.
Commercial Litigation 2014 Year in Review.PDFNola Pearce
The document summarizes several recent court cases from Queensland that provide guidance on pleading practice and the mechanism of "deemed admissions" under the Uniform Civil Procedure Rules. It discusses cases that examined what explanations are required to deny or non-admit allegations in a defense in order to avoid admissions. The cases demonstrate the risks for defendants if a defense fails to properly deny or explain the basis for not admitting key facts, as those facts can then be deemed admitted by the court.
The document provides an overview of disciplinary procedures and rules (D&A Rules) for railway employees in India. It discusses topics like:
- Forms and authorities involved in disciplinary actions
- Grounds and process for suspension of employees
- Types of penalties under D&A Rules
- Principles of natural justice as per the Indian constitution
- Process for issuing a charge sheet
- Procedures for conducting disciplinary inquiries
- Situations where an inquiry may not be necessary
- Tactics sometimes used to delay disciplinary proceedings
The document is intended as a reference for understanding D&A Rules and properly handling disciplinary cases and inquiries against railway employees according to due process.
The document summarizes Indiana's public access laws regarding government meetings and records. It discusses the creation of the Public Access Counselor's office to provide guidance on the Open Door Law and Access to Public Records Act. It outlines requirements for public notices, meetings, executive sessions, records requests and responses, and exceptions. Remedies for noncompliance include complaints, lawsuits, and potential fines.
This document outlines the rules and procedures related to disciplinary action and appeals for railway employees in India. Some key points include:
- Discipline & Appeal Rules (D&AR) and Annual Confidential Reports are tools to control subordinates, but D&AR should only be used as a last resort.
- Educate, coach, and motivate staff before considering D&AR. Warnings or expressing written displeasure should be tried in normal situations.
- For D&AR action, the disciplinary authority must apply their full logical mind and ensure no other remedy is available before proceeding.
- The document details the procedures for minor and major penalties, conducting inquiries, framing chargesheets,
1) The document outlines the steps for conducting a departmental inquiry into employee misconduct, including examining complaints, preliminary investigation, drafting charge sheets, minor and major penalty proceedings, inquiry proceedings, and issuing final orders.
2) Key parts of the process include identifying the alleged misconduct, investigating the complaints, drafting specific charges, providing employees opportunities to respond to charges, conducting inquiries where employees deny charges, and imposing penalties or exoneration based on evidence.
3) Consultation with oversight agencies like the Central Vigilance Commission and Union Public Service Commission is also required at various stages of the process.
The document provides guidance on preparing for and responding to environmental inspections at facilities. It recommends that facilities develop an inspection policy that includes designating a response team to escort inspectors and make contact with legal counsel. When inspectors arrive, company representatives should request identification and the purpose and scope of the inspection. Inspectors may request documents and question employees. The guidance advises being cooperative while protecting confidential information, and having a closing meeting to understand next steps. Developing an inspection protocol and conducting mock inspections can help facilities prepare.
Slides from Tim Haley\'s October 6, 2011 web event - ASTM\'s New E2790 Continuing Obligations Standard: What It Means for You. To watch a replay visit our website. http://commonground.edrnet.com/pages/ead25677de
Faa proposed rules on operation and certification of small unmanned aircraft ...PublicLeaks
The FAA is proposing a new rule to allow routine civil operation of small unmanned aircraft systems (UAS) weighing less than 55 pounds in the National Airspace System. The proposed rule would establish specific operating rules to mitigate risk, including limiting operations to daylight hours, visual line of sight, confined areas, and below an altitude of 500 feet. It would also address aircraft registration and marking, operator certification requirements, and operational restrictions to ensure small UAS operations can safety and securely be integrated into the NAS.
Faa proposed rules on operation and certification of small unmanned aircraft ...PublicLeaks
The Federal Aviation Administration (FAA) is proposing new rules to allow small unmanned aircraft systems (UAS) to operate in the National Airspace System. The proposed rules would address UAS operator certification, registration requirements, and operating rules. It would also find that airworthiness certification is not required for small UAS. The proposal aims to safely integrate small UAS into the NAS while prohibiting model aircraft that could endanger safety.
Faa proposed rules on operation and certification of small unmanned aircraft ...PublicLeaker
The FAA is proposing a new rule to allow routine civil operation of small unmanned aircraft systems (UAS) weighing less than 55 pounds in the National Airspace System. The proposed rule would establish specific operating rules to mitigate risk, including limiting operations to daylight hours, visual line of sight, confined areas, and below an altitude of 500 feet. It would also address aircraft registration and marking, operator certification requirements, and operational restrictions to ensure small UAS operations can safety and securely coexist with other aircraft.
This document outlines the proper procedure for conducting a domestic inquiry under Indian law when taking disciplinary action against an employee. Key points include:
1) A fair inquiry must be conducted according to principles of natural justice before an employer can punish an employee for misconduct.
2) The inquiry officer must give the employee a chance to defend themselves by examining witnesses and evidence against them.
3) The management bears the burden of proving the charges, and the employee must be considered not guilty unless proven otherwise.
4) If conducted properly and without bias, the employer's decision is unlikely to be overturned even if challenged.
The document examines the use of capias and show cause summons documents in Virginia courts. It finds that:
1) A capias can be used to charge new offenses like failure to appear, contempt of court, or failure to obey a court order and should receive an offense tracking number. A show cause summons is only for notice and should not receive an offense tracking number.
2) If a capias receives an offense tracking number, the common charges associated with it in the uniform statute tables would be failure to appear, contempt of court, and failure to obey a court order since these are the charges a capias is traditionally used to allege.
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Overview
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The introduction of DLAU and the CCB & CCX licensing model caused quite a stir in the HCL community. As a Notes and Domino customer, you may have faced challenges with unexpected user counts and license costs. You probably have questions on how this new licensing approach works and how to benefit from it. Most importantly, you likely have budget constraints and want to save money where possible. Don’t worry, we can help with all of this!
We’ll show you how to fix common misconfigurations that cause higher-than-expected user counts, and how to identify accounts which you can deactivate to save money. There are also frequent patterns that can cause unnecessary cost, like using a person document instead of a mail-in for shared mailboxes. We’ll provide examples and solutions for those as well. And naturally we’ll explain the new licensing model.
Join HCL Ambassador Marc Thomas in this webinar with a special guest appearance from Franz Walder. It will give you the tools and know-how to stay on top of what is going on with Domino licensing. You will be able lower your cost through an optimized configuration and keep it low going forward.
These topics will be covered
- Reducing license cost by finding and fixing misconfigurations and superfluous accounts
- How do CCB and CCX licenses really work?
- Understanding the DLAU tool and how to best utilize it
- Tips for common problem areas, like team mailboxes, functional/test users, etc
- Practical examples and best practices to implement right away
HCL Notes and Domino License Cost Reduction in the World of DLAU
Overview of FAA enforcement actions.July 2012
1. The Judge Building
Eight East Broadway, Suite 410
Salt Lake City, Utah 84111
(801) 746-6300 (Office)
(801) 746-6301 (Fax)
www.lewishansen.com
probinson@lewishansen.com
Overview of FAA Enforcement Actions
– What can happen and what to do
Tuesday, July 10, 2012
Presentation at: Peyton H. Robinson
Upper Limit Aviation (801) 746-6300
619 North 2360 West probinson@lewishansen.com
Salt Lake City, UT 84116
2. Agenda
► What FAA procedures apply to enforcement?
► What is a LOI and how should you respond?
► When is your certificate in jeopardy?
► What if you want to appeal the FAA action?
► What rules apply for alcohol driving violations?
► How can you protect yourself?
Slide 2 Overview of FAA Enforcement Actions
3. Some Violation Has Occurred
► Any violation of the Federal Aviation Act may be
investigated
► 14 CFR § 13.3: “…the Administrator may conduct investigations,
hold hearings, issue subpoenas, require the production of relevant
documents, records, and property, and take evidence and
depositions.”
► Statutory support: 49 USC §§ 40113, 44709, and 46101
► Aviation Safety Inspector (ASI) from the Flight Standards
District Office (FSDO) typically takes the lead in
investigating a potential violation, which could be from a
ramp check, ATC report, witness, accident/incident, etc.
Slide 3 Overview of FAA Enforcement Actions
4. Results of an FAA Investigation
► No action
► Oral or written counseling
► Administrative action
► Warning notice or letter of correction
► Streamlined No Action and Administrative Action Process (SNAAP)
► Remedial training
► Request for reexamination
► Legal enforcement action
► Certificate action (suspension or revocation)
► Civil penalty
► Criminal action
Slide 4 Overview of FAA Enforcement Actions
5. Administrative Actions
► The FAA officially recognizes two types of administrative
action for airmen (14 CFR § 13.11):
► Warning Notice
► Letter of Correction
► FAA takes administrative enforcement action only in cases
where there is evidence to prove a violation, but the action
does not charge the person involved with a violation
► Administrative action brings the incident to the attention of
the person involved, documents corrective action if
appropriate, encourages future compliance with the
regulations, and provides a source of information for the
FAA’s use
Slide 5 Overview of FAA Enforcement Actions
6. Administrative Actions -- continued
► Criteria for administrative action versus legal action
► Legal enforcement action is not required by law, and administrative
action would serve as an adequate deterrent to future violations
► The certificate holder is otherwise qualified for the certificate
► Violation was inadvertent and not purposeful
► There was not a substantial disregard for safety or security, and the
circumstances were not aggravated
► The apparent violator has a constructive attitude toward complying
with the regulations
► There is not a trend of noncompliance indicated by past violations
Slide 6 Overview of FAA Enforcement Actions
7. Warning Notice or Letter of Correction
► Warning Notice: A warning notice is a letter or form
addressed to the apparent violator that brings to that
person’s attention the facts and circumstances of the
incident. The warning notice advises that, based on
available information, the apparent violator’s action or
inaction appears to be contrary to the regulations, but
does not warrant legal enforcement action. It also
requests future compliance with statutory and regulatory
requirements.
Slide 7 Overview of FAA Enforcement Actions
8. Warning Notice or Letter of Correction -
continued
► Letter of Correction: A letter of correction serves the same
purpose as a warning notice, but is used by FAA
investigative personnel when there is agreement with the
company, organization, or airman that corrective action
acceptable to the FAA has been taken, or will be taken
within a reasonable time.
► The primary purpose of a letter of correction is to bring
noncompliance to the attention of an apparent violator and
document action that has or will be taken to correct
conditions that are in apparent violation of statutory or
regulatory requirements.
Slide 8 Overview of FAA Enforcement Actions
9. Remedial Training
► Remedial training may be available for some violations in
order to settle the matter through the Letter of Correction
► Factors the FAA considers for remedial training:
► Can future compliance reasonably be ensured through remedial
training alone
► Does the airman display a constructive attitude
► Does the conduct display a reasonable basis to question the
airman’s qualifications
► Does the airman have a record of enforcement actions
► Was the conduct deliberate, grossly negligent, or a criminal
offense
► Remedial training may be offered in a Letter of
Investigation (see example in attachments)
Slide 9 Overview of FAA Enforcement Actions
10. Request for Reexamination
► 49 U.S.C. § 44709(a) – allows for “709 Ride”
► Used by FAA investigator or an office with medical responsibility
when there is a reasonable question whether an airman is
qualified to hold a certificate
► Not viewed as a punitive measure, and does not preclude
concurrent enforcement actions
► Reexam is limited to reason for request
► Airman can request to change inspector or FSDO
► Airman should get training before 709 Ride and log it
► Failure of ride or refusal to submit leads to an emergency Order of
suspension
► Cannot retry repeatedly – generally 2 failures leads to revocation
Slide 10 Overview of FAA Enforcement Actions
11. Legal Enforcement Actions
► Generally involves the airman receiving 1 of 3 different
types of letters
► Letter of Investigation (LOI) – from a FAA inspector
► Notice of Proposed Certificate Action (NPCA) or Notice of
Proposed Civil Penalty (NPCP) – from a FAA lawyer
► Order of Suspension, Revocation, or Civil Penalty – from a FAA
lawyer
► The letters are usually sent by both certified mail and
regular mail
► Failure to accept the certified mail while regular mail is delivered
will generally be treated as constructive service
Slide 11 Overview of FAA Enforcement Actions
12. Letter of Investigation
► Merely a notice of investigation
► A response is not legally required
► Any response may be used as evidence against airman
► If remedial training is offered in the LOI, then a response
is required if remedial training is wanted
► Important strategic considerations in any response
► Can indicate compliance and cooperation
► Can also lead to greater sanction depending on details involved
and disclosures made in response
Slide 12 Overview of FAA Enforcement Actions
13. Notice of Proposed Certificate Action
► Offers a series of options:
► Surrender certificate (waive right to appeal)
► Request Order be issued so that appeal may be made to National
Transportation Safety Board (NTSB)
► Respond with an answer or explanation to NPCA with evidence
► Can be in conjunction with an informal conference request
► Request an informal conference with FAA attorney
► Conference is confidential, but can be used for impeachment
► Strategic issue of when to raise NASA report (discussed later)
► Enforcement Investigative Report (EIR) from ASI should be obtained
before conference
► Airman has right to be heard and present evidence
► Airman retains right to appeal to NTSB
► If airman fails to respond to NPCA, Order is issued
Slide 13 Overview of FAA Enforcement Actions
14. Notice of Proposed Civil Penalty
► More typically used against companies or entities versus
individual airmen
► But ex: failure to surrender certificate can lead to separate action
for civil penalties, or in other cases where FAA deems appropriate
► Options for airmen in responding to NPCP include:
► Pay the penalty
► Answer the charges in writing
► Submit a written request for an informal conference
► Request an Order be issued so appeal can be made to NTSB
► Failure to timely respond to NPCP will lead to an Order of
assessment against airman
► May still be timely appealed to NTSB
Slide 14 Overview of FAA Enforcement Actions
15. Appeals from FAA Enforcement
► Where Order of Suspension, Revocation, or Civil Penalty
has been issued
► Esp. under 709 reexamin situation (not renewal or issuance)
► Appeal to NTSB possible
► Deadline is 20 days from time of service of Order
► Filing an appeal stays the effectiveness of Order, except in
emergency cases
► FAA files Order as complaint to NTSB, and airman must file an
answer within 20 days
► Emergency Orders have different timeliness rules and
other considerations
► Where FAA determines emergency exists and safety in air
commerce requires immediate application of Order
Slide 15 Overview of FAA Enforcement Actions
16. Appeals from NTSB
► Appeal of FAA enforcement action to NTSB goes to
administrative law judge (ALJ) for hearing
► After ALJ issues his initial decision, further appeal may be taken to
the Board
► Board’s consideration of issues on appeal from ALJ is limited
► After Board decision, appeal may be taken to the DC
Federal Circuit Court, or to the Circuit Court in the circuit
where airman lives or has a principal place of business
► FAA or airman may appeal Board’s final decision
► Appeal to Circuit Court may or may not allow for suspension of
Order
Slide 16 Overview of FAA Enforcement Actions
17. Expunction
► The FAA has had a policy of expunging from a pilot’s
record certain enforcement actions after a period of time
► No action – 90 days
► Administrative actions – 2 years from issuance of action
► Legal actions – used to be expunged in 5 years, but a 2010
amendment to the Pilot Records Improvement Action (“PRIA”) has
changed FAA policy; now there is no expunction of legal actions
(certificate actions or civil penalties) pending FAA figuring out how
to comply with the new provisions
Slide 17 Overview of FAA Enforcement Actions
18. When is Your Certificate in Jeopardy?
► Factors in FAA Enforcement Decision Process guidelines:
► Is there a lack of, or question of, qualification, including
falsification, medical, competency, drug positives, cheating, etc.
► Is there criminal activity
► Was the violation inadvertent and not purposeful
► Was there a substantial disregard for safety or security
► Were there aggravating circumstances
► Does the alleged violator have a constructive attitude
► Is there a trend of noncompliance
► What was the severity of the risk, and separately, what was the
likelihood that the risk could have been realized
► Does the airman qualify for remedial training as an option
Slide 18 Overview of FAA Enforcement Actions
19. Alcohol Violations
► Why discussing here?
► Driving violations in your car can lead to certificate action in
relation to flying, even if your flying has been exemplary
► Primary regulation – § 61.15
► Distinguish § 91.17 and § 91.19 – flying related to alcohol & drugs
► Other violations possible for air carriers under other sections
► Under § 61.15(e), if you experience a “motor vehicle
action” then it must be reported to the FAA’s Civil Aviation
Security Division within 60 days of the MVA
► FAA example of a notification form letter available at:
► http://www.faa.gov/about/office_org/headquarters_offices/ash/ash_
programs/investigations/airmen_duidwi/
Slide 19 Overview of FAA Enforcement Actions
20. Alcohol Violations – continued
► What is a “motor vehicle action”? – § 61.15(c)
1) Conviction for DWI, DUI, or similar offense
2) Suspension, cancellation, or revocation of license to drive for a
cause related to a DWI, DUI, or similar offense
► Includes a refusal to submit to testing, which typically results in
automatic suspension because of “implied consent” to testing
3) Denial of a license to drive for a cause related to a DWI, DUI, or
similar offense
► Each event requires separate notification, even if part of
the same arrest
► Ex: refusal of breath test results in suspension of DL (event #1),
and then later conviction for same event (event #2)
Slide 20 Overview of FAA Enforcement Actions
21. Alcohol Violations – continued
► Information on a medical form is not notification under Part 61 –
though the medical certificate application does require separate
reporting under Part 67 (i.e., arrests convictions, admin actions)
► Failure to provide notification under § 61.15(e) is grounds for
denial of a certificate for up to a year after the MVA, as well as
grounds for suspension or revocation of the airman’s certificate
► Two or more MVAs within a 3 year period is also grounds for
denial of a certificate for up to a year, and the pilot’s certificate
is likely to be suspended or revoked
► Refer to sanction table in attachments for potential penalties –
► 15 days to 45 days for failure to provide notification of a MVA
► 90-120 day suspension for 2 MVAs in a 3 year period
► Revocation for 3 MVAs in a 3 year period
Slide 21 Overview of FAA Enforcement Actions
22. Aviation Safety Reporting System
► Background – TWA Flight 514 (Dec. 1, 1974) – May 1975
► New ASRS Advisory Circular – AC-00-46E (2011)
► Restriction on use of report – 14 CFR § 91.25
► Time critical – within 10 days of event or the date when airman
was aware or should have been aware of event
► Program is voluntary, confidential, and non-punitive
► Form and information at – http://asrs.arc.nasa.gov
► Eliminates legal sanction (airman’s burden of proof of
filing report)
► No certificate action or civil penalty
► FAA will still make a finding of violation
► Airman can still appeal action to NTSB
Slide 22 Overview of FAA Enforcement Actions
23. ASRS – Exceptions and Issues
► Report cannot involve an “accident”
► NTSB definition of accident in Rule 830.2 – death, serious injury,
or substantial damage to the aircraft
► No anonymity or confidentiality
► Report cannot involve a criminal offense (e.g., MVA)
► No anonymity or confidentiality
► Violation must have been “inadvertent and not deliberate”
► No finding of violation in the prior 5 years prior to event
► Note: Does not mean airman can only file a ASRP report once
every 5 years
► No lack of competency or qualification issue
► As disclosed by an accident, criminal offense, or other action
Slide 23 Overview of FAA Enforcement Actions
24. AOPA Pilot Protection Services
► Must be a member of Aircraft Owners and Pilots
Association to enroll in PPS
► Two levels of protection in PPS
► Basic Level – $39
► “Plus Level” – $99
► Two primary benefits
► Legal services (FAA, IRS, contracts, other aviation legal services)
► Medical certification services
► https://pilot-protection-services.aopa.org/default.aspx
► Example: basic level legal services covers up to 100
hours of assistance with FAA enforcement actions for $39
total – versus hiring your own attorney for $$$ per hour
Slide 24 Overview of FAA Enforcement Actions
25. Appendices Attached
► Warning Notice
► Letter of Correction
► Letter of Investigation – Remedial Training
► Remedial Training Agreement
► Letter of Correction for Remedial Training
► Letter of Termination (Remedial Training)
► Corrective Action through Remedial Training Case Study
► Letter Requesting Reexamination
► Notice of Proposed Certificate Action
► Notice of Proposed Civil Penalties (not an airman)
► Notification Letter Sample (§ 61.15(e))
► Table of Sanctions Applicable to Airmen
► Aviation Safety Reporting System Form
Slide 25 Overview of FAA Enforcement Actions