What to say, when, and to whom
In the first circumstance, if a pilot experiences an emergency that requires that pilot to deviate from the regulations or that results in the controllers giving the pilot priority, then FAR 91.3(c) and 91.123(d) require that the pilot submit a written statement to the FAA, but only if requested to do so by the FAA. It is not an automatic reporting responsibility. If the FAA does not request a report, there is no requirement to provide one.
Let's look at the exact language of the regulations. FAR 91.3(c) states, "Each pilot in command who deviates from a rule under paragraph (b) of this section shall, upon the request of the Administrator, send a written report of that deviation to the Administrator."
FAR 91.123(d) states, "Each pilot in command who (though not deviating from a rule of this subpart) is given priority by ATC in an emergency, shall submit a detailed report of that emergency within 48 hours to the manager of that ATC, if requested by ATC."
As you can see, there are only two circumstances under which the FAA may require that you send them a report: if you deviate from a rule, or if you are given priority by ATC. Otherwise, the FAA may not have authority to require you, by regulation, to send them any of this information. And, if the FAA does request a written report, you will be told what information is required and to whom it should be sent. There is no particular form; it may take the form of a statement that you type or hand-write onto a piece of paper. I recommend to pilots submitting such a report that they prepare it so that it is simply and factually written--avoid any speculation or conjecture.
If the emergency is related to an accident, then you may have other notification and report responsibilities. However, these other reporting responsibilities are to the National Transportation Safety Board, not the FAA. It is important to recognize this distinction because too often, events are unnecessarily reported to the FAA, when they may only need to have been reported to the NTSB--and some things are reported unnecessarily because they do not fall within the NTSB's definition of an accident.
In the second circumstance, if a reasonable request is made by the FAA to see your pilot certificate, including your medical certificate, or to see your pilot logbook, or to see your aircraft maintenance records, then FAR 61.51(i) and 91.417(c) require that you make this information available to them. Remember that a certificated pilot is not required to carry his or her logbook when flying, although student pilots are.
In addition, although not specifically requiring presentation, FAR 91.203 requires that you carry on board your aircraft an appropriate and current airworthiness certificate and an effective U.S. registration certificate. So, if you're operating an aircraft and an FAA inspector inspects your aircraft, the regulation requires that these documents be legible to passengers or crew, effectively creating a presentation requirement.
And in the third circumstance, if the FAA finds that additional medical information or history is needed to determine whether you meet the medical standards, then FAR 67.413(a) allows the FAA to request that information from you, to be directly provided by you or for you to authorize your doctor to provide the medical information to the FAA. The regulation states that if you fail to provide the information, as long as it was reasonably requested and relevant to your medical qualifications, then the FAA may suspend or revoke your medical certificate or deny your application for a medical certificate.
That's it, as far as the regulations requiring any responses from the pilot to be given to the FAA. Otherwise, if the FAA contacts you for information, it is at your discretion whether to respond. Your decision to respond when it is not required is an important one, and should be guided by the circumstances. We'll discuss this aspect when this three-part series concludes next month.
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.
