Let's say that a pilot accidentally flies into some busy Class B airspace without a clearance, and the intrusion results in a heavy jet being vectored off final approach to preclude a loss of separation. Before you know it, our pilot friend is signing the receipt for a letter of investigation (LOI) sent via certified mail from the local Flight Standards District Office (FSDO). This letter says that the office is investigating the pilot for an alleged violation of the FARs, and gives him or her 10 days to respond. If the alleged violation meets certain criteria-such as it was not criminal in nature, was unintentional, and the pilot was not flying for hire at the time-chances are that the pilot may have the choice of completing a remedial-training program in lieu of enforcement action. If the pilot decides to accept the remedial training, he signs an agreement promising to complete the training within a specified time period, typically 90 days. The pilot is given the names and phone numbers of local remedial training instructors appointed by the FSDO. The pilot bears all of the costs associated with the training. One nice feature of the program is that all pilots are eligible to participate, regardless of their experience or ratings.
The Advantages
The remedial training program offers pilots three distinct advantages versus fighting the FAA over the alleged violation. First, if the remedial training is completed satisfactorily, no record of a violation is placed in the pilot's FAA file. For a pilot who is concerned about rising insurance costs or who might be planning a future airline career, this alone makes it easy to choose the remedial training option. Second, even though an aircraft and instructor are not inexpensive, the remedial training option can be far less expensive than the alternative, which is hiring an aviation attorney who charges by the hour to battle your case with the FAA. Third, maybe the pilot could use some training anyway. If this is the case, remedial training is a great way to get it accomplished.
How can you as an instructor participate? Well, the first step is to call your local FSDO and ask to speak to the safety program manager. Tell him or her that you're an instructor in the area and you'd like to get involved in the remedial training program. Don't be discouraged if the manager wants to develop a working relationship with you before allowing you to do remedial training. This may mean becoming an aviation safety counselor first. In this capacity, you may be asked to produce a safety meeting for area pilots. In any case, your local safety program manager can tell you exactly what you need to do.
What can you expect once you are appointed as a remedial training instructor? In my case, the phone rings about four to six times per year for remedial training work. The pilots who call are generally nervous, probably feel awkward, and usually seem embarrassed.
From the start, I try to put them at ease with empathy and humor. I tell them that lots of pilots make the same mistake they did. I ask them to explain what happened in their own words, and I try not to interrupt. You'll find that when faced with a violation, most pilots are more than willing to tell you their side of the story. Just sit back and listen. Most of the stories are fascinating, and you'll probably learn something.
The types of stories you'll hear will depend on where you live, the type of flying pilots do in your area, and the complexity of your local airspace. Some of the most common stories in the area I serve, Southern California, are airspace incursions and altitude deviations. These incidents can usually be traced back to either inadequate preflight planning or deteriorating weather.
Other cases involve misunderstandings between pilots and controllers, or communication or navigation difficulties. Other times, pilots, who are, after all, mere mortals, just end up making mistakes. In one case, a recently outdated sectional chart gave one pilot more than just a headache when he found out that the uncontrolled airport he just landed at had an operating control tower.
When the pilot has finished telling you his side of the story, it's your turn to explain how the remedial program works. This is also a great time to clear up any misconceptions that the pilot may have about the program. One big misconception is that as a remedial training instructor you actually work for the FAA. This, of course, is not true. You are an independent CFI, and your specialty is training, not ticketing. Your goal is to help the pilots who come to you become better, safer aviators. You're on their side.
Another big misconception is that the training will be similar to a checkride. That's not entirely correct either. Sure, you will want to see proper checklist usage, good aircraft control, and good planning and judgment in the cockpit. And you'll be looking for certain standards. But your primary concern is safety. Your job is not to bust them. In essence, that's already happened, that's why they've called you. You are there to give them the training they need so that they won't do the same thing again. They do not pass or fail remedial training; it is either satisfactorily completed or it's not. And it's rare for a pilot who signs the training agreement to not complete the training.
During the initial phone call you'll also need to find out exactly what kind of training the pilot has been told to complete, usually a specified number of hours of ground and flight instruction. Sometimes the requirements include a visit to an air traffic control facility.
Next, you can discuss the logistics of the training. First discuss and then decide upon a game plan of how best to complete the required training. If the pilot plans on using his or her own aircraft for the flight training portion of the remedial training, it's a smart idea to ask to see the aircraft before agreeing to this. You can look at the aircraft during your first ground session. Next, agree upon where and when the training will be completed, and how much it will cost. Don't be afraid to be up front about your fee during the initial call. Keep in mind that remedial training is not ordinary instruction, so charge accordingly. Your local FSDO doesn't get involved in the financial aspect of your business. It's entirely your decision.
Be aware that some clever pilots might try to combine their remedial training with an instrument proficiency check or flight review. Although there is nothing in their training agreement that prohibits this, generally it's best to discourage it. Combining training like this adds even more stress to an already stressful situation, can easily muddle and confuse the nature of the training, and places too much pressure on you both. But, again, it's your call.
At the first meeting with the remedial training pilot I usually try to get all of the paperwork and at least some of the ground training completed. This meeting can be at your place, their place, or on neutral ground, such as the flight-planning room at your local airport.
Here is your chance to ask to see the pilot's paperwork from the FSDO, for example, the LOI, any documentation regarding the alleged violation, and the pilot's signed remedial training agreement. You should also ask to see the individual's pilot and medical certificates. Throughout this first meeting, you should be looking for a positive attitude. If the pilot has a negative attitude and you suspect it may become a problem, you may want to call your safety program manager and suggest that the pilot work with another, perhaps more experienced remedial training instructor.
This initial ground training is where you get out the charts, the federal aviation regulations, and the Aeronautical Information Manual, You can also use this time to bring them up to date on current safety issues. Two hot topics these days are runway and taxiway markings and signage, and land-and-hold-short operations. Remember, in addition to covering all of the subjects in the training agreement, part of your job is to fill in the gaps if you find deficiencies in knowledge areas. All the while though, be mindful not to overwhelm your students or make them feel inadequate. At the end of the ground training you may want to give your students a simple multiple-choice test. It shows them how much they've learned and is a positive reinforcement.
If the pilot plans to use his own aircraft for the flight training portion, now is the time to check it out. Based on what you see, you may or may not want to use it. Consider things such as its overall condition and its navigation and communications avionics. If you don't feel comfortable using the aircraft, tactfully suggest using a rental. If you do want to use the pilot's aircraft, then ask to see the required documentation to ensure that it's legal to fly. For example, you'll need to see the logbooks, registration and airworthiness certificates, and the weight-and-balance data. You don't want to do remedial training in an aircraft that the FAA considers unairworthy. Sometimes these personal aircraft are really beautiful machines and can present a wonderful opportunity for you, the instructor. In one instance, I did remedial training in a turbocharged Piper Aerostar. With its high-speed wing and impressive performance, it was almost like flying a jet. Another time I flew in a gorgeous Cessna 340.
When it comes time to fly, make sure you have a solid plan of action. Get together early for some preflight planning, and make sure it covers the subjects listed in the flight-training portion of the remedial-training agreement. The actual subjects will depend on the alleged violation. Some common subjects include cross-country navigation, use of navigational equipment, use of charts, pilotage and dead-reckoning skills, and airspace awareness and air traffic control procedures.
The flight training is similar to the ground training in that you are looking for a positive attitude and a willingness to learn. Your primary concern should be safety. Don't waste energy trying to change someone's old habits. That usually results in frustration and disappointment. Just observe. If something could be done easier, or if something is not safe, then make a suggestion.
Show your students some rules of thumb or tricks of the trade. Be judicious and economical in your instruction. With adequate preflight planning, the flight training should go very smoothly. Invariably, during the course of flight training, just as in the ground portion of training, you might see some knowledge areas or skills that are in need of improvement. This is where you can help. You can give extra instruction on those subject areas or skills. For example, during one flight it became apparent that the pilot was uncomfortable with stalls, short field approaches, and landings. He always flew his approaches with excess airspeed. So, after a short discussion, we purposely flew to a nearby airport with a very short runway and did some landings to build his confidence. Other pilots may need instruction in radio procedures to feel more comfortable talking with air traffic control. That's one of the goals of touring an air traffic control facility: It humanizes the voice at the other end of the radio and gives it a face.
Whatever you find, try to make the flight portion of the training fun. If it involves a cross-country, choose an airport with a restaurant on or near the field so that you can talk or do some additional ground training over lunch or dinner. For most pilots, food is the universal motivator.
Finally, since remedial training can be a sensitive subject, be professional and use discretion. Don't blab around the airport to your students, other instructors, or anyone else about who your clients are or their alleged violations. Your remedial-training clientele deserve to remain anonymous.
Why would you want to become a remedial training instructor? Here are few of the perks the program has to offer. First, because of its added responsibilities and challenges, remedial training is more challenging than ordinary instruction and is a great way to build flight time and get paid for it.
Second, you'll have the opportunity to fly with some very interesting pilots in some beautiful airplanes. Many are established pilots, not students, and they might be able to provide you with network contacts for pilot jobs or other opportunities. It may lead to future flight training business as well. For example, if you leave them with a favorable impression, they may give you referrals or ask you to help them with future aircraft checkouts, instrument proficiency checks, or flight reviews.
Third, it adds a spark to your resume that can help you to stand out among the rest. Being a remedial training instructor is uncommon, and it shows initiative, responsibility, and the ability to work with the FAA. If you are pursuing an airline career, think of it as your first taste of the role of check airman.
Finally, you'll be helping to make the skies safer. You'll have the power to make a pilot's experience with an alleged violation an educational rather than an adversarial encounter.
Simply put, the FAA's remedial training program works. It is a true win-win-win situation for everyone involved. It's good for pilots, good for instructors, and good for the FAA.
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