Get extra lift from AOPA. Start your free membership trial today! Click here

Legal Briefing

A Safety Net For Pilots

The AOPA Legal Services Plan
As a pilot, you spend a great deal of time reviewing the regulations and understanding how they apply to your operations. During training, your instructors teach you how critical it is to comply with the regulations from a safety standpoint. They may also educate you about the need to comply with the regulations so that you never have to face an FAA inspector and an FAA lawyer who want to suspend or revoke your hard-earned pilot certificate for a violation of those regulations.

The consequences of an enforcement action involve more than the loss of your certificate. They also include the embarrassment, hassle, and cost of dealing with the matter. This is especially frustrating when you consider how easily and innocently a pilot can get into trouble with the FAA.

Many years ago, AOPA established the Legal Services Plan administered by the AOPA Service Corporation to provide counseling and pay most of the attorney fees in FAA enforcement actions brought against pilots for violations of the federal aviation regulations (FARs). Over the years, the plan has been expanded to provide legal counseling and representation following an aircraft accident; in connection with drug or alcohol testing; in response to state or local government charges of violations of their flight rules; in federal income tax matters involving aviation activities; and in review of hangar, tiedown, aircraft rental, and aircraft leaseback agreements. The plan even allows for a free half-hour consultation with a panel attorney on any aviation legal matter. And, the plan was recently revised to include coverage for Customs enforcement matters and review of aircraft sales and purchase agreements.

If you find yourself in any of these circumstances, it is in your best interest to immediately contact someone who can give you competent assistance - usually a lawyer with knowledge of aviation law. Normally, getting this kind of assistance takes time - first to find someone with the necessary knowledge and then to deal with the problem itself. Even if you already have an attorney for business or personal matters, he or she may not have any experience with aviation law or FAA procedures. And, it takes money - often more than you have budgeted to spend on protecting your certificate. AOPA members may obtain the kind of assistance that may be needed to defend themselves quickly and inexpensively by joining the AOPA Legal Services Plan. For members of the plan, help is only a phone call away.

The plan provides for unlimited telephone consultation with counselors at AOPA headquarters, and plan members are encouraged to contact the counselors as soon as there is even a hint of trouble. If the matter escalates and referral to an attorney is warranted, the plan will pay for most of the attorney fees associated with representing you. You may use your own attorney or you can select one from a panel of attorneys who have agreed to biennially attend an AOPA-sponsored seminar on how to handle plan matters.

AOPA's Legal Services Plan has become one of the most effective and least expensive ways to get legal advice and representation in your aviation-related activities. The plan is available to all AOPA members, and the fees for this membership benefit are modest - just $26 a year for pilots exercising the privileges of a student or private pilot certificate. The fees are higher for those with commercial or ATP privileges.

It isn't possible to describe here all of the details of the plan. Complete information is available by calling 800/USA-AOPA (800/872-2672) or visiting AOPA Online ( www.aopa.org/legalservices3.html ). It's important to study the AOPA Legal Services Plan brochure and the detailed plan description to understand the benefits and restrictions of the coverage. Learn how having access to legal representation could benefit you before you need it, as the plan only covers matters that occur during your membership period. The AOPA Legal Services Plan may be an affordable investment in protecting yourself in aviation legal matters. Like a parachute, you hope you don't have to use it, but it can be reassuring to know you have it.

Kathy Yodice
Kathy Yodice
Ms. Yodice is an instrument rated private pilot and experienced aviation attorney who is licensed to practice law in Maryland and the District of Columbia. She is active in several local and national aviation associations, and co-owns a Piper Cherokee and flies the family Piper J-3 Cub.

Related Articles