Q: What should a pilot do when the FAA “wants to talk”?
A: In most cases, you have no obligation to say anything or to 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 prepare a proper response.
If a pilot experiences an emergency that requires a pilot to deviate from the regulations or that results in the controllers giving the pilot priority, then FARs 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. If the FAA does not request a report, there is no requirement to submit one.
If a reasonable request is made by the FAA to see your pilot certificate, including your medical certificate and photo ID, or to see your pilot logbook, or to see your aircraft maintenance records, then FARs 61.51(i) and 91.417(c) require that you must make this information available to them. 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 accessible to passengers or crew, effectively creating a presentation requirement.
If an FAA inspector sends you a letter of investigation and you write back, or if an FAA inspector calls you and you speak with him or her, or if the controller asks you about a possible deviation and you discuss this with him or her, that information that you provide will be used in the FAA’s investigation of the matter.
Kathy Yodice is an aviation attorney for AOPA’s Pilot Protection Services and Legal Services Plan.
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