While this is at the limits of my skills and experience, it’s my understanding USC law sets the legal basis for the FAA enforcement program. Then administrative regulations (Part 13) are written to enforce those USC laws. And from there national policies (Order 2150.3) are written to further define/enforce the regulation. If you look to FAR Part 13 it provides the links from the USC law to the regulation which is the basis for the FAA enforcement procedure/policy. So perhaps you can give a “leeway” example as the enforcement process is pretty much defined regardless if a hobbyist or 121 operator in my experience.
As I mentioned before I don’t know where you are getting your information but you may want to look at other references. As to “pre-arranged plea deals” I have no clue what you are trying to state. Perhaps you can provide an example of this as well? Having assisted in both civil and administrative proceedings what you are stating would fit better in a civil action rather than in your typical FAA administrative action.
Below the USC level in your example, those policies are written BY FAA. If there’s no instruction of how a procedure must be accomplished at the USC level, FAA can do as they please.
The plea deal is in reference to what you see on the back of every traffic ticket. That’s a plea deal. You accept a guilty plea for the burreaucracy’s expedience in “enforcing the law”. In return they limit their enforcement actions to specific things.
Be really easy for FAA to make such a list of pre-arranged deals for minor infractions, and keep the vast majority of cases (especially at the hobbyist level) out of needing anything more than a “parking ticket” and a check returned.
The rest is between the pilot and their insurance company.
Just like other small motor vehicles that are not used for commercial service.
Was simply a quite workable example of that major difference between those and light non-commercial aircraft.
“Dear pilot. We allege that you did X naughty thing. If you agree you did, we agree there will be no further action taken, a. note will be placed in your record that you’ve lost three of ten brownie points that we report to your insurer, we will expunge those in X years permanently, and you admit to guilt. We put that in your file with our investigation notes so far and we all move on. The standard fine is listed on the enclosed ticket.
Otherwise come on over to the FSDO and we’ll start the old fashioned legal process unlike any you’ve ever encountered. Give AOPA Legal Services a ring. You’re gonna need them. Like before we implemented this new thing.”
It’s literally a form with checkboxes. All the no-harm naughty FARs listed next to a box. Traffic cop.
Check the box, print the form letter, and mail. Investigator and prosecutor removed from the entire process other than as a rubber stamp.
No risk of unequal enforcement. No need for a lawyer. No concerns about what the enforcement action will be. No need to even kissy face and smile at anyone.
If you made a basic mistake and fess up to it, as a hobbyist, what will happen is written in stone nationwide. Not the “process” written in stone with an unknowable outcome. The actual end result and consequences.
“You did X. Your fine is $Y. And you get zero/one/two/whatever infractions inside a Z year period or we don’t offer this anymore. Just like down at the traffic ticket building.”
