Delay could cost your certificate
Understandably so, it seems. It does not naturally occur to a pilot that there may be a regulation requiring a pilot to report his or her driving experiences to the agency that has safety responsibility over airmen's flying duties. Nonetheless, when the FAA finds out about certain driving infractions, such as a failed or refused Breathalyzer test or a conviction for driving under the influence or driving while intoxicated, the agency investigates to see whether the infraction was reported. If it wasn't, the FAA acts to impose a 30-day suspension of the pilot's certificate for failure to report under FAR 61.15.
FAR 61.15(e) states that:
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), P.O. Box 25810, Oklahoma City, OK 73125, not later than 60 days after the motor vehicle action.
FAR 61.15(c) defines motor vehicle action 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 any action that is taken against a driver's license related to alcohol or a drug, such as suspension, revocation, cancellation, or denial. While broadly defined in order to capture many circumstances, it is still limited to actions involving alcohol or a drug. 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 of the problems that pilots face stem from the similarity that this notification has to the type of information that is asked about on the FAA airman medical application form. Yes, it 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. The FAR 61.15 notification must be made to the FAA within a short time after the event occurs. It cannot wait until your next medical examination. And, the FAR 61.15 notification is made to the FAA's security office, not the FAA's medical office. Disclosing this information on the medical application form does not discharge a pilot's responsibility to report the information under FAR 61.15.
The regulation does not require the report to be made on any preprinted official form, as long as the information required in the regulation is included in the reporting document. The FAA Web site has a format under Frequently Asked Questions. The report must include the pilot's name, address, certificate number, and date of birth; the date of the action, the type of action, the state that holds the record of the event; and whether the report is related to a report already made. There is no need, nor is it advised, to submit this report with any more than this basic information.
For student pilots, knowing this regulation should be part of your training because it will probably show up on your knowledge test. The test questions relate generally to your knowledge that the regulation relates to a motor vehicle action involving alcohol or a drug, and that the regulation requires a report be made within 60 days of the action to the FAA's security office.
If you are involved in a reportable motor vehicle action, be sure to file a FAR 61.15 report in a timely and complete fashion. The FAA generally does very little, if anything at all, if an airman reports a single DUI or DWI. However, if you fail to report it, you can expect that the FAA will find you in violation of the regulation and take enforcement action against your certificate.
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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