Legal Briefing

A Pilot's Obligations

Pilots may not see a connection between driving a car and flying an airplane, but the two are related under the federal aviation regulations (FARs). For about the past 10 years, pilots have been required to report certain motor vehicle actions to the FAA, in particular those involving alcohol or drugs. Many pilots are unaware of this regulation, embodied in FAR 61.15, and don't think of reporting blemishes on their driving record to the agency that handles their aviation record. The FAA seems to understand this and has undertaken a few efforts to inform the aviation community of the regulatory requirements.

One way that the FAA is trying to more broadly inform pilots of this regulation is having a direct effect on student pilots. The FAA recently added test questions on the subject to its written exams, so you'll need to study this regulation before taking your FAA knowledge test.

Let's review the regulation and its requirements. FAR 61.15(e) states, "Each person holding a certificate issued under this part shall provide a written report of each motor vehicle action to the FAA, Civil Aviation Security Division (AMC-700), Post Office Box 25810, Oklahoma City, Oklahoma 73125, not later than 60 days after the motor vehicle action."

The regulation also provides a definition of "motor vehicle action." FAR 61.15(c) defines it broadly to include not only a conviction of operating a motor vehicle while intoxicated, impaired, or under the influence of alcohol or a drug, but also to include any action that is taken against a driver's license related to alcohol or drugs, such as suspension, revocation, cancellation, or denial. While broadly defined in order to capture many circumstances, the regulation is still limited to actions involving alcohol or drugs. Thus, the regulation does not require pilots to affirmatively report every police stop or conviction involving their driving operations, but only to report those that involve alcohol or a drug and the operation of a motor vehicle.

Some confusion arises from the similarity that this notification has to the type of information that is requested on the FAA medical application form. Yes, the information is similar, but it is important to clearly understand that this notification responsibility is separate and apart from any question on the medical application form. One of the distinctions is that this notification must be made to the FAA within a short time after the event occurs and may not wait until your next medical examination. In addition, the notification must be made to the FAA's security office, not the medical office; thus, disclosing this information on the medical application form, which you may have to do also, does not discharge your responsibility to report the information under FAR 61.15.

There is no preprinted official form on which to report motor vehicle actions. Rather, the pilot must draft the letter or statement that serves as the report. The regulation sets forth the information to be reported, which is limited to the pilot's name, address, certificate number, date of birth, date of the action, type of action, the state that holds the record of the event, and whether the report is related to a report already made. Do not submit any other information with this report.

The new knowledge test questions focus on three general points that students will need to remember about the regulation. First, the motor vehicle action must involve alcohol or a drug. Second, any report that is required must be made within 60 days of the action. And third, the report is to be made to the FAA's security office.

Of course, this regulation is not the only one regarding alcohol or drugs. While cases involving a pilot using or carrying alcohol or drugs are rare, the fact remains that these are regulations pilots are expected to know for the written and oral exams.

Internet resources are available to pilots who would like to learn more about this reporting requirement. Visit AOPA Online ( www.aopa.org/members/files/medical/far61-15.html ) or the FAA's site for more information.