Faa Enforcement Actions Essay, Research Paper
FAA Enforcement Actions The Aircraft Owners and Pilots Association (AOPA) handbook of the Federal Aviation Administration (FAA) enforcement actions gives us a very comprehensive explanation about FAA actions and how to deal with them if we are involved in some case of violation of the FARs. It shows all the enforcement procedures that can be used by the FAA, how to respond to the FAA, some information about Remedial Training, accident reporting and notification, the Aviation Safety Reporting Program, and some of the consequences of being involved in FAR violations. The first we need to know is which are the enforcement procedures that the FAA can use against General Aviation pilots. These procedures are: administrative action, reexamination, certificate action, civil penalty, and criminal action. The Administrative Action is issued in 2 ways, which are the Letter of Correction and the Warning Notice. Both are used in violations that are considered too minor to warrant legal enforcement action. The letters mainly say that some corrective action has been taken or will be taken in the future. The next procedure is reexamination, which consists in a reexamination of an airman at any time the FAA has reasonable grounds that may indicate that the pilot is not qualified to hold his certificate. In cases like this the FAA inspector sends a letter to the pilot explaining why and what are basis on which he is going to be reexamined. If the pilot passes the reexamination, nothing else happens, but if he fails, the FAA takes the necessary steps to revoke the license. If at any moment the pilot refuses to take the reexamination, a suspension order will be issued until he takes and passes the reexamination. Something that pilots should be aware is that FAA inspectors don t have the right to ask for the certificate. You do not have to give it to them. For example, in some cases pilots think that if they have failed the reexamination they have to surrender their certificate. This is not true. Even if the examination is failed, the FAA must still follow certain procedures according to Section 609 of the Federal Aviation Act in order to revoke the certificate. Those procedures are explained in the next paragraph, since they are the same for certificate and penalty actions. The certificate and civil penalty actions are the 2 most used by the FAA. The certificate penalty consists of suspending or revoking the pilot s license, however, the civil penalty action is basically a fine that the FAA establishes and can be up to $1000. If the FAA chooses any of these procedures, they must follow certain steps in advising the pilot. First, the pilot receives a Notice of Proposed Certificate Action or Notice of Proposed Civil Penalty. In the case that the pilot wants to contest the action, he must first request an informal conference with the FAA attorney in charge of the case. If the problem is not solved at this stage and the FAA issues an order suspending or revoking the certificate, the pilot has the right to appeal to the National Transportation Safety Board (NTSB). During this period the certificate is still valid, unless the FAA determines that an emergency exists and that safety requires the immediate suspension of the certificate. After the NTSB s decision the pilot or the FAA may appeal if not satisfied to the full five-member board. If after that stage they are not satisfied they can appeal to a federal court. Finally the last enforcement action that FAA uses is the criminal action, which at the beginning was only used in the case of aircraft piracy or carrying weapons aboard the airplane, but recently it is being applied to false markings of aircraft, illegal aircraft registration and airport security violations. During the last years, and since the airspace and regulations are more and more complex, even the best trained and most careful pilot can inadvertently break some of the rules. That is why pilots should know how to respond to the FAA. Generally an FAA inspector will send you a letter in which he explains that he is investigating a case in which you are involved, and would like to know the story from your point of view. At this point, the first reaction that everybody has is to respond quickly. Some also think that they are obligated to respond. The truth is that they do not have any obligation to respond, and should also be aware that any letter that they send could be used against the pilot during the trial. Another similar case occurs when the traffic controller asks you to call to the tower after landing. Everybody thinks that they are obligated to call, but actually they are under no legal obligation to respond. The letter of investigation that the FAA inspector sends you could also offer the pilot the chance to participate in remedial training as an alternative to legal enforcement action. The way this works is very simple. If the FAA inspector considers that remedial training would be more appropriate than a legal enforcement, he will ask the pilot to respond to the letter expressing the interest in the program and cooperation in the investigation. Another way is that the pilot could suggest remedial training if it was not mentioned in the letter. If the pilot expresses that his wish to go trough remedial training, the inspector will deliver a copy of the file to an FAA Accident Prevention Specialist (APS) who will have a personal meeting with the pilot. Afterwards the pilot and the APS must agree on a course of study, this agreement must be signed by both parties in a letter. Within the period specified in the letter of agreement, the pilot must take and successfully complete the course at his own expenses. The APS will confirm that the training was completed and will return the file to the FAA inspector, who will send to the pilot a letter of correction stating that the remedial training was completed and will close the investigation.
Another good way of minimizing the chances to convert an aircraft incident into an enforcement case is first of all recognizing the jurisdiction of the NTSB over the FAA. Almost everybody thinks that the FAA is the primary authority in aircraft accident investigation and that the reports should be made to the FAA. The truth is that the NTSB is the federal agency that investigates the vast majority of accidents, so all reports should also be submitted to the NTSB. The second aspect before reporting an accident is to see if it fits the definition of an aircraft accident according to the NTSB, there are a lot of incidents that do not even need to be reported. The definition of an accident says that it must involve death, serious injury, or substantial damage, which in many cases do not occur. If the incident is between the parameters, the pilot should limit his notifications and if possible go directly to the NTSB instead of reporting it through an FAA office or facility. A program that is available for pilots and helps in avoiding suspensions or fines resulting from enforcement actions is the Aviation Safety Reporting Program (ASRP). In order to get the immunity, the pilot has to file the Aviation Safety Report within 10 days of the incident on which an enforcement action could be based. The National Aeronautics and Space Administration (NASA) works as a third party in this program. They are in charge of receiving the reports and then tear the part in which the pilot s name is printed. Then they send this part to the pilot as proof. This gives immunity to the pilot, and the FAA cannot take actions on him. This immunity is only granted under some rules, like if the violation was inadvertent and not deliberate. Despite the fact that the FAA knows that an ASRP has been filed, they will fully investigate the suspected violation, but they cannot take any action against the pilot if he filed the report and meets all the requirements. Also the ASRP cannot be used against the pilot during the trial. Finally the handbook refers to the effects of being involved in violations of the FARs. For the majority of the pilots the effects have not been serious. They have paid their fines, complied their suspensions, taken their check rides, learned from the experience and came back to their flying activities. However, there are some cases where being involved in these cases can put the pilot in some troubles. One of them is if you are again involved in some kind of repeated offense, since Past Violation History is the first item in the FAA Manual on Enforcement List. Also you may have troubles when applying for jobs, since airlines take this matter very seriously for contracting pilots. Minor mistakes early on in one s training are less significant and would not make a big difference. Regardless of that, we should try to our maximum capabilities to stay away of this kind of violations. In my personal opinion I think that the AOPA s Handbook of FAA Enforcement Actions is very helpful, since it shows us some of the basic procedures and ways to respond if we are involved in some problems with the FAA regarding FARs violations.
Другие работы по теме:
Cover Letter Proctology Essay Research Paper Dear
Cover Letter: Proctology Essay, Research Paper Dear Mr. I am writing you this letter to ask you to write me a letter of recommendation for a college. I will be applying to many and would be honored to have a letter from you
Kafka Essay Research Paper In The Trial
Kafka Essay, Research Paper In The Trial by Franz Kafka, the Law, its courts, and its people seem to make up a kind of poorly run, secret society. It appears that the purpose of this secret society is to uphold the Law, although using very different methods of enforcement than what most people are used to. The arrest of Josef K. and the manner in which his trial is conducted attests to the unusual workings of this Law.
Napolean Essay Research Paper The qualities of
Napolean Essay, Research Paper The qualities of a Romantic hero are clearly displayed through the ambitions and actions of Napoleon Bonaparte. Napoleon’s triumphs and ideas for France’s future truly made him a Romantic hero.
Police Coercion Essay Research Paper Police CoercionThe
Police Coercion Essay, Research Paper Police Coercion The police exist to protect the public from harm, abuse, murder and infringement of personal rights. They are here to sustain those persons who have committed a crime against the laws of the land. Basically, the duty as a police officer is to protect the good from the bad.
Elements Of Personality Essay Research Paper Theories
Elements Of Personality Essay, Research Paper Theories of Personality: (The Elements of Personality. Pp.40-42) The personality others are presented with is composed of our words and our actions. Yet our words and actions are, or can be, consciously chosen. We decide what we’ll say, and what we’ll do. The construction of a personality is simply selecting an action while considering the impression it will make.
Domestic Violence Essay Research Paper Wife BeatingDomestic
Domestic Violence Essay, Research Paper Wife Beating Domestic violence arrests have skyrocketed in the past decade, making this crime the leading violent felony arrest locally and nation-wide and placing it at the top of law enforcement’s priority list (Guido). Battering women occurs at all levels of society (Barstow).
Sports Essay Research Paper NCAA infraction committee
Sports Essay, Research Paper NCAA infraction committee and the payment of sports athletes This paper is about the issue of paying college athletes and how the NCAA has formed a committee on infractions to deal with violations of coaches, agents, and unethical actions of administrators in the intercollegiate sports world.
Cause And Effect Of Becoming Law Enforcement
Officer Essay, Research Paper The decision to become a Law Enforcement officer is one that shouldn’t be taken lightly. It can effect the way you live in many ways. Your decision to carry a badge and gun in protection of life and property will change you forever. Your family, friends, and the way you live will be altered to accommodate this decision.
John Cheever Essay Research Paper Law Enforcement
John Cheever Essay, Research Paper Law Enforcement Internet Assignment This Internet assignment consisted of going to the web site WWW.NCJRS.ORG, picking one of the various boxes displayed and researching the contents of it. Out of about thirteen choices, I chose to be “original” and research Law Enforcement.
Disrespect Essay Research Paper DisrespectWhen television first
Disrespect Essay, Research Paper Disrespect When television first emerged, sitcoms like Leave It To Beaver portrayed loving children who would have never dreamed of disobeying someone with authority. But as we flip through the channels today, we see pictures of children screaming at their parents, students hitting teachers, and juveniles running from the law.
Bureau Of Alchohol Tobacco And Firearms Essay
, Research Paper THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS The Bureau of Alcohol, Tobacco and Firearms(ATF) was founded in 1972, established as a separate agency inside the U.S. Treasury Department. Before this
Violent Kid Profile Essay Research Paper THE
Violent Kid Profile Essay, Research Paper ?THE VIOLENT-KID PROFILE? Are students being judged by the way they act, by what they say, or even by the way they dress? Sadly, the answer is yes. Not by their peers, but
HUMAN ACTIONS IN ROMEO AND JULIET Essay
, Research Paper In the play Romeo and Juliet, by William Shakespeare, two teenagers are controlled by a chain of human actions. Act 4, scenes 1,3 and 5, are a good representation of the web of human
Perils Of Obedience Essay Research Paper The
Perils Of Obedience Essay, Research Paper The Perils of Obedience This experiment is a test to see if people are naturally aggressive. Milgram does not believe that people are naturally aggressive. Although some people think people are naturally aggressive. Ordinary people can be part of a bad course of actions without having any anger toward then victim.
Ethics In Law Enforcement Essay Research Paper
The guest speaker for the ethics in law enforcement lecture was Neal Trautman. Mr. Trautman was a founder of the Law Enforcement Training Network, the world?s largest provider of police training. Mr. Trautman has worked numerous years trying to achieve a standard of ethics within law enforcement. He believes that integrity is the core of America and also the greatest need for the United States and our law enforcement.
Othello 2 Essay Research Paper There are
Othello 2 Essay, Research Paper There are many literary works that contain villains who play an essential role in the development of the work as a whole. However, I believe that the ultimate villain of this kind is Iago in Shakespeare s play, Othello. Through manipulation and scheming, he beguiles the other characters of the novel.
Stephen KingS Why We Crave Horror Movies
? Essay, Research Paper A Critique of Stephen King?s ?Why We Crave Horror Movies? Elliot Potter In Stephen King?s essay ?Why We Crave Horror Movies? he suggested that
Federal Bureau Of Investigation Essay Research Paper
The FBI is the principal arm of the United States Department of Justice. It has the authority and responsibilty to investigate specific crimes assighned to it. The FBI also is authorized to provide other law enforcement agencies with cooperative services, such as fingerprint identification, laboratory examinations, and police training.
Racial Profiling Essay Research Paper Racial profiling
Racial Profiling Essay, Research Paper Racial profiling is a law enforcement strategy that encourages police officers to stop and question African-Americans simply because of their race. Employers and government agencies that require job applicants to list their “race” or “ethnicity” on employment and contracting applications perform racial profiling thousands of times every day.
Criminal Justice Essay Research Paper The criminal
Criminal Justice Essay, Research Paper The criminal justice system has changed a lot since the good old days of the Wild West when pretty much anything was legal. Criminals were dealt with in any fashion the law enforcement saw fit. The science of catching criminals has evolved since these days. We are better at catching criminals than ever and we owe this advancement to forensic science.
Civil Disobedience Essay Research Paper Thoreau was
Civil Disobedience Essay, Research Paper Thoreau was once sent to jail for refusing to pay his taxes and I support this episode of civil disobedience as justified. Thoreau did not pay his taxes because he objected the use of the revenue to finance the Mexican War and enforcement of slavery laws. He did not request for his money to be used for the enforcement of slavery laws, therefore felt he had the right to protest and act out civil disobedience.
Louie Freeh (Director Of Fbi) And Correlation
To C Essay, Research Paper Louie Freeh Louie Freeh grew up a normal boy in a normal family. He had the respect of his parents and those in the community. His actions and attitude fit his job as director of the FBI. His leadership tactics can be compared to that of community oriented policing. Community oriented policing involves satisfying the needs and requests of citizens as well as the department.
Romeo And Juliet Not Victims Of
Fate Essay, Research Paper Romeo and Juliet are not the victims of fat, nor are they a “pair of star-crossed” lovers. Their deaths were merely the result of the premeditated actions belonging to teens. For one, the death of Tybalt contributed to the banishment of Romeo (which contributed to the frustration of both Romeo and Juliet).
La Enforcement Code Of Ethics Essay Research
Paper LAW ENFORCEMENT CODE OF ETHICS As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation and the peaceful against violence or disorder; and to respect the constitutional rights of all men to liberty, equality and justice.
Deadbeat Parents Essay Research Paper Parents who
Deadbeat Parents Essay, Research Paper Parents who do not pay their child support are deadbeat parents. This creates a hardship for the case managers in the child support office, the legal staff in preparing documents and court appearances, but most importantly, the children who are the recipients of the child support.
Julius Caesar 5 Essay Research Paper Julius
Julius Caesar 5 Essay, Research Paper Julius Caesar William Shakespeare s play, Julius Caesar, is mainly based on the assassination of Julius Caesar. The various men who happened to object to his assassination had different personal desires for their actions. Depending on each of their actions, words or even tone of voice they may misrepresent them and may be misinterpreted.
Gun Control Essay Research Paper Gun EssayShould
Gun Control Essay, Research Paper Gun Essay Should we really just keep adding gun control laws? Well, I don’t think so. I think that Senator Larry E. Craig said it best “the criminal that wasn’t stopped by 20,000 laws won’t stop at 20,001.“ My viewpoint is that we should have better law enforcemnt.
The Fairfax Resolves Essay Research Paper We
The Fairfax Resolves Essay, Research Paper We “can not be considered as a conquered Country” because we are “Descendants not of the Conquered, but of the Conquerors.” With this implied threat of military action, the Fairfax County Resolves challenged the unconstitutional actions of the British government.