Falsification rulemaking

On its face, the rule accomplishes what it set out to do—the disparate rules concerning falsification, incorrect statements, and omissions were removed from various parts of Title 14 of the Code of Federal Regulations (FARs) and consolidated in a new subpart D of FAR Part 3 (and new Part 402 pertaining to commercial space transportation).

The rule also filled gaps in the prior falsification scheme by including 34 additional parts of the FARs now subject to falsification regulations. Before this rule, those 34 parts did not have falsification regulations. Some notable additions to the scheme for general aviation include FAR Part 23 (airworthiness standards for standard category airplanes), Part 45 (aircraft identification and registration marking), Part 47 (aircraft registration), Part 49 (aircraft titles and security documents), Part 68 (BasicMed), Part 91 (general operating and flight rules), Part 93 (special air traffic rules), Part 103 (ultralight vehicles), Part 105 (parachute operations), Part 117 (flight/duty limitations and rest requirements for flightcrew members), Part 119 (certification of air carriers and commercial operators), Part 135 (commuter and on demand operations), Part 136 (commercial air tours), Part 137 (agricultural aircraft operations), and Part 141 (pilot schools). While these regulations were not previously subject to the falsification scheme, they now are.

So, what do these regulations say? Essentially, no person may make any fraudulent or intentionally false statement in any document in any format whether submitted to the FAA or merely required to be kept, made, or used to show compliance with any FAR (FAR 3.403(a)). Nor may someone produce, reproduce, or alter any document for a fraudulent purpose (FAR 3.403(b)). Finally, no person may knowingly omit a material fact in any document (FAR 3.403(c)). If found in violation of these regulations, the FAA can deny, suspend, revoke, or otherwise take away anything granted by the FAA to that person, including certificates, ratings, authorizations, designations, and more, even if unrelated to the document falsified, fraudulently produced, or containing a knowing omission of material fact (FAR 3.403(d)). For example, someone found guilty of falsifying her medical certificate application can have her Part 141 flight school’s air agency certificate revoked (in addition to her pilot certificates and ratings).

Importantly, the final rule greatly expanded the falsification regulations as they relate to knowing omissions. Before the rule, few regulations actually prohibited knowing omissions. Now, however, if material information is knowingly omitted from any document, it carries the same potential punishment as an intentionally false statement. For example, if someone knowingly omits material information on his BasicMed Comprehensive Medical Examination Checklist (CMEC), he could have his aircraft registration certificate revoked (in addition to his pilot certificates and ratings).

Even in the case of merely incorrect statements or unintentional omissions, the final rule allows the FAA to deny, suspend, revoke, or otherwise take away certificates, ratings, authorizations, designations, and more (FAR 3.405). Fortunately, in response to comments from AOPA and others, the FAA wisely backtracked its initial proposal, which would have allowed the FAA to treat incorrect statements and unintentional statements in the same manner as intentionally false, fraudulent, or knowing omissions of material fact and act against unrelated certificates. As promulgated, the regulation allows the FAA to act only against the certificate, rating, authorization, designation, et cetera, related to the incorrect statement or omission and only if material.

Because of the expanded nature of the falsification scheme and the attendant consequences, it is more important than ever that airmen do everything they can to ensure absolute accuracy in their documentation. This certainly includes any documentation provided to the FAA, like applications for a pilot certificate, medical certificate, mechanic certificate, airworthiness certificate, special flight permit (ferry permit), or aircraft registration certificate. But it also includes documentation not regularly provided to the FAA, such as pilot logbooks, aircraft logbooks, and BasicMed CMECs.

If you find mistakes in your documentation or are under investigation by the FAA, AOPA is here to help. Members with Pilot Protection Services should contact the AOPA Legal Services Plan at 800-872-2672.

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