What to do when the feds come knocking
The wonderful sense of freedom that pilots experience doesn't come without responsibility. When a pilot doesn't live up to that responsibility and rules are broken, FAA enforcement or administrative actions often follow. What is one to do when the FAA comes knocking?
When we speak of FAA enforcement actions, we are technically referring to suspensions, revocations, and civil penalties. To receive an enforcement action a pilot must violate a federal aviation regulation. Otherwise, the pilot is subject to what the FAA calls an administrative action, which takes the form of a warning or correction letter. The FAA also uses 709, or reexamination rides.
The good news is that you can take a few important steps to protect your pilot certificate after you feel you may have committed a violation:
File a NASA form. This is key. The Aviation Safety Reporting System, administered by NASA, allows a pilot to honestly report on the events of the incident in the interest of safety research. When the form is filed properly, pilots are often allowed to use it on their behalf and avoid having to serve any suspension. You can find a NASA form on AOPA's Web site ( www.aopa.org/members/files/safety/asrs_plt.pdf). An interactive form is available online ( https://www.aopa.org/apps/iforms/nasa/).
You don't have to confess. The AOPA Pilot Information Center hears many horror stories about pilots who spill all the details of the flight before consulting an attorney or AOPA. Remember that you are never required to talk to the FAA.
Sign up for the AOPA Legal Services Plan. Make sure to do this before you commit a violation. The plan provides full attorney coverage up to the regional appeal level. Information can be found online ( www.aopa.org/info/certified/lsp.html).
If you are unfortunate enough to be issued a violation and have to serve it, there is hope. About 12 years ago the FAA started an expunction program. This means that depending on the violation or administrative action, it will not remain on your record forever. In fact, even suspensions are taken off after five years. A full description of the program is on the AOPA Web site ( www.aopa.org/members/files/topics/expunc.html).
The Pilot Information Center, 800/USA-AOPA (872-2672), can give general guidance through the entire enforcement process. In addition, AOPA's aviation specialists have created a publication that you can read online ( www.aopa.org/members/files/guides/enforce.html). Mostly a compilation of articles written by AOPA counsel John S. Yodice, this report will give fantastic insight into what will happen with your case.
Membership Q&A
Answers to frequently asked questions about your AOPA membership
Q: I'm an AOPA member and want to make sure I am entered in the 2005 AOPA Commander Countdown Sweepstakes.
A: As long as your membership is current as of December 31, 2005, you're automatically entered. You can get an additional entry by signing up for AOPA's convenient Automatic Annual Renewal program in the Member Profile section (www.aopa.org) or by calling Member Services at 800/USA-AOPA (872-2672). To further increase your chances of winning, participate in the Member-Get-A-Member program as well. You'll receive an extra entry for every new member you recruit who lists you as their sponsor when they join.
Q: Help! I'm doing my income taxes and need help figuring out what aircraft expenses I can legally deduct.
A: You'll want to review AOPA's Pilot's Guide to Taxes ( www.aopa.org/members/files/guides/tax_guide.html). You and your accountant will learn what can and cannot be legally deducted, as well as gain an understanding of the tax court's reasoning for its decisions. If you need additional help, call us at 800/USA-AOPA (872-2672).
Q: A friend of mine has expressed an interest in flying. I'm not a flight instructor but I would like to help. What can I do?
A: Become an AOPA Project Pilot mentor! You'll be provided with a mentor kit that includes useful information and tools, a Project Pilot lapel pin, and a "First Flight" certificate for you to present to your friend. Your prospective student pilot will receive a Flight Training Membership Welcome Kit introducing them to the joys of flying. The student will also receive six issues of AOPA Flight Training magazine and six months of access to our Pilot Information Center hotline and Web site, absolutely free! Visit the Web site ( www.aopa.org/info/pp/).
Member Services contact information:
Phone: 800/USA-AOPA (872-2672), 8:30 a.m. to 6 p.m. (ET) Monday through Friday
After hours: Renew your membership, reset your Web password, or enroll in Automatic Annual Renewal using our self-service touch-tone phone option.
E-mail: [email protected]
Web: Update your personal information, renew your membership, and much more by clicking on My AOPA in the left column of our home page.
