Do you have a choice
You will have valuable opportunities to meet with FAA inspectors and air traffic controllers to talk about aviation practices, procedures, recommendations, opinions, and ideas, with an end result that you--and maybe the inspector and the controller--are better educated, and therefore safer. There are also opportunities to have discussions with the FAA staff who oversee the medical certification process and the aircraft registration and airworthiness programs. These opportunities usually arise when you attend a seminar or meeting that gathers together the users and directors of the system, or if you specifically contact the FAA to ask a question. These contacts are an overall benefit to the system.
After all, part of the FAA's role in managing a safe and efficient national air transportation system is to ensure compliance with the minimum standards and rules that govern that system, and part of our role as users of the system is to oblige. The FAA representative usually is helpful and happy to provide you the necessary guidance or information so that you may better understand your roles and responsibilities as a pilot within the system. And sometimes you can provide a helpful perspective that the inspector or the controller did not have.
But, what happens if the FAA initiates the dialog with you, in the context of an FAA inquiry into conduct that the agency might decide was in violation of the regulations? This may be an intimidating circumstance. We are now talking about being called upon to explain some incident involving your flying, or maintenance of your aircraft, or an answer on your medical application form. It could come in a letter or a telephone call from an FAA inspector or an FAA security agent or an FAA doctor. It could be a controller's question to you over the radio or a controller's request that you telephone the tower after you land. This is where you need to be careful. In these circumstances, the FAA could be specifically seeking information from you to identify whether a regulation was followed, or violated, and you may inadvertently give the FAA information to use against you.
Usually, as pilots, our most immediate reaction is to talk to the FAA and explain. But, do you have to? There are regulations that address this issue, and it is important for you to know them, both in preparation for your practical and knowledge tests with the FAA and in the event that you are faced with the circumstance.
There are a couple of guiding principles. Before responding to the FAA in any way, you should take the opportunity to reflect on what happened to cause the FAA's inquiry. Then, you'll want to become informed about what your rights and options may be. Further, if a response is required or warranted, whatever response you give to the FAA should be appropriate in scope, truthful, and not misleading. In most cases, you have no obligation to say anything or provide anything to the FAA, and in those limited circumstances when you are required to respond to the FAA, there is usually an opportunity to gather yourself together to prepare a proper response. In other words, take a deep breath, and if you can, seek competent counsel, preferably with aviation expertise.
There are three general circumstances when the regulations require you to respond to the FAA, either in writing or physically: if you experience an in-flight emergency, if you are requested to present your certificates and logbooks for inspection, and if you are asked to submit additional information relating to your medical qualifications. There may be a few other circumstances in the regulations, but these are the most likely to come up.
Next month, in the second installment of this three-part series, we'll look at the specific regulations and talk about their requirements.
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.
