FAA Suspension

[yogifly]

I don't plan to go through that, I have accepted the settlement, ido not have the time or money to go the NTSB level. may talk to my congressman, but beyond that. I will just have to eat this, and hope it does not screw up my job prospects

 

[Henning]

Thanks for all the great replies, In my case, the inspector recommended warning letters, it was his supervisor that wanted the suspensions. No clue why maybe two events in a short period. Sad part is, I filed ASAP & NASA reports for both. but the FAA says since these were "willful" violations, I get no protection. they would not have even known about the light without tghe ASAP report. Thanks again

Seriously, plead hardship/mercy/ whatever, best way to do it. Do it direct to to the guy yourself. Don't make excuses or give reasons or rationalizations and just stroke his ego with supplications, it's usually easy enough. If that fails, then give your Senator a shout forwarding that email string. I don't think it's worth throwing lawyer money at seriously. Pound nails for 60 days...

 

[poadeleted20]

Once you've accepted the enforcement action, it is rather pointless to complain to your congressional reps -- the FAA will say, "Well, he admitted it, and accepted the punishment." You have a lot of normal procedural avenues still open to you, but if you're not going to get a lawyer and use them, I don't see what grounds you have on which to complain.

 

[Everskyward]

I don't believe the FAA is out to get people in general. I firmly believe that they are out to get specific people or operators who have caught their attention in a negative way.

There is a LOT of context missing here, and in a case of a violation and suspension, context is really important.

Agree with all of this. I don't think the FAA is institutionally out to get people in general. However, I will say that are probably bad apples out there just as there are in any industry. I just haven't met them. While I am sympathetic to the OP, there has to be more to this story, especially relating to the company and situation with the NVGs. Did the company try to stonewall? Were there previous run-ins with the FAA? I'm not asking for this to be revealed, just that I think what Tim said is true. Context is important.

 

[Rigged4Flight]

There are TONS of LEOs out there like that, think how twisted of a sociopath you would have to be to land at the FAA; clue is they've been CAP since 16 and still are a Jr officer 8 years later. No armed force or LEO would take him, but the FAA is where a bureaucratic wienie can wield power like a God! Luckily they usually have a boss you can get to through a bit of passive resistance pretty painlessly though.

I had to re-read your post. I thought I had stumbled in to an IRS thread by mistake.

Thanks for all the great replies, In my case, the inspector recommended warning letters, it was his supervisor that wanted the suspensions. No clue why maybe two events in a short period. Sad part is, I filed ASAP & NASA reports for both. but the FAA says since these were "willful" violations, I get no protection. they would not have even known about the light without tghe ASAP report. Thanks again

Was the cracked light mentioned on the ASAP report? If so, it seems like that specific violation should have been covered under the protections provided by ASAP/NASA self reporting.

The only chance you have to stop the wheels from beginning to grind is to plead your case early and hope the Inspector can convince his/her Supervisor safety is served by some lesser administrative action (warning notice) etc.

An article in the 18 July issue of Flying magazine (link) titled, "Is the FAA After Your Ticket?" says the same thing. See partial quote below (bolding mine):

So what happens if you make a mistake that falls under the mandatory occurrence report criteria or get picked up by the TARP? After the MOR or TARP is entered into the CEDAR program, the information is analyzed, and it is determined whether further action is required. If it is determined that you made a pilot deviation, you will be contacted by the FSDO.

What happens next, it appears, is up to the person you run across. Your FAA inspector could, after a discussion, close the case with no further action.

Another possible outcome is remedial training. As long as you meet certain criteria (see sidebar), the FAA inspector could recommend remedial training, in which case you can continue to exercise the privileges of your pilot certificate.

If you have tough luck or made a fairly serious error, you may be asked to do a check ride under 49 USC 44709, also called a 709 ride. This flight test is more stressful than any of the flight tests you’ve taken for any of the pilot’s certificates you’ve achieved because there is no opportunity for a retake. If you fail the ride, the FAA representative conducting the test will revoke your ticket.

Finally, there are pilot deviations that most likely will result in a suspension or immediate revocation of the pilot’s certificate, such as if you bust a temporary flight restriction (TFR), purposely fly recklessly or carelessly, or are caught flying under the influence of alcohol or drugs.

It appears that the FAA takes the position that, if you are aware that you made an honest mistake, so much so that you filed a NASA ASRS or ASAP report, you are more or less immune from repercussions. But if you were unaware that you made a mistake or purposely flew against the FARs, you need to undergo further testing or remedial training or you risk losing your certificate. What effect the increase in reports will have on you remains to be seen. But the best way to keep your certificate safe is to follow the rules, remain vigilant and file a report if you get any sense that an error has occurred.