AOPA Legal Services Plan marks 20 years
At the time, it was so easy to relate to how heavily regulated flying was and how unfair it sometimes could be to lose your certificate for a period of time, especially over an innocent misunderstanding or an inadvertent event. Most unfair was the pilot's challenge in finding the resources to properly protect and defend against the FAA's action to suspend a certificate. The FAA seemed to have limitless resources, while the pilot had to consider whether to use hard-earned money-or go into debt-to pay legal fees to defend against a 30- or 60-day suspension of a certificate that may have been used just for sport or recreation. For those using their certificate to earn a living or pursue a career, the decision about spending the money to try to avoid a violation history may have been more difficult to make.
While some of the FAA's heavy-handed enforcement eased over the years with programs such as remedial training-in which a pilot may be permitted to complete a tailored training syllabus in lieu of a certificate suspension-it appears now that the proliferation of notices to airmen establishing temporary flight restrictions (TFRs) and other heightened aviation security sensitivities have renewed pilots' concerns about being able to get access to affordable counseling and legal representation in enforcement matters.
Since its inception, 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 charges of violations of state and local government flight rules; in federal income tax matters involving your aviation activities; and in review of hangar, tiedown, aircraft rental, aircraft leaseback agreements; U.S. Customs enforcement matters; and aircraft sales and purchase agreements. The plan even provides for a free half-hour consultation with an AOPA panel attorney on any aviation legal matter.
In any of these circumstances, you should immediately contact someone who can give you competent assistance, usually a lawyer with knowledge of aviation law. Normally, it takes time to find someone knowledgeable, and it takes money-often more than you have budgeted to spend on protecting your certificate. AOPA members can obtain the kind of assistance that may be needed to defend themselves, quickly and inexpensively, by enrolling in the AOPA Legal Services Plan. Help for plan members is only a phone call away.
The plan permits unlimited telephone consultation with trained and experienced counselors at AOPA headquarters in Frederick, Maryland. 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 through that event. You may use your own attorney or you can select one from AOPA's panel of attorneys. These attorneys biennially attend AOPA-sponsored seminars on how to handle plan matters.
AOPA's Legal Services Plan, available to all members, has become one of the most effective and least expensive ways to get legal advice and representation in your aviation-related activities. The fee for this membership benefit is $26 a year for those pilots exercising the privileges of a student or private pilot certificate. (The fees are higher for those exercising commercial or ATP privileges. For example, an active flight instructor would have to pay $52 per year.)
It is not possible to describe here all of the details of the coverage, limitations, and conditions of the plan. Complete information is available from AOPA by calling 800/USA-AOPA or visiting the Web site. You should study the plan brochure and the detailed plan description to understand the benefits and restrictions of the coverage. It's important to learn how the plan could benefit you before you actually need to use it, as it only covers matters that occur during your membership period.
As with almost every purchase in flying, you will have to decide if it is a product that you can afford and one that will be worth having in the event you need it.
Kathy Yodice is an attorney with Yodice Associates in Washington, D.C., which provides legal counsel to AOPA and administers AOPA's Legal Services Plan. She is an instrument-rated private pilot.
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