The FAA responds to Congress (Administrator v. Moeslein)

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David Moeslein

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For those who may be following this (out of interest, disgust, hate, apathy, sympathy) whatever . . .

. . . here is a copy of the letter that my Congressman received from the FAA's Chief Counsel.

A very typical response, but certainly nothing in there in disagreement with anything that happened or anything that I believe. I think, at this point, it was way too late to get "elected officials" involved; once it gets into the court(s), that's where it is.

I was hoping that, if nothing else, the Congressman could be effective in getting the suspension considered to have been served but, even there, FAA precedent is that the suspension is not served until the certificate has been surrendered.

ONE concerning thing in the FAA's response appears on page 2 of the letter - 3rd paragraph: "Mr. Moeslein, also through the same attorney, also rejected several FAA attempts to settle this matter with him before the FAA issued the order of suspension." I do not ever recall having "several FAA attempts to settle this matter" so, let's assume the FAA's records are correct, could my attorney have simply blown them off as he (with me along for the ride) charged along with a weak defense of my not being the PIC? I think I will respond to the FAA and ask for the notes/record on this because IF that is the case, maybe a do have a case of attorney misrepresentation ---- then again, how much time and money would that take with no 100% guarantee of success? Right now, interestingly on the anniversary of September 11, I'm 45 days into the 90-day suspension. No aviation jobs on the horizon even if I had a pristine certificate and the good gig that I had went away because of the "pending violation" so it wouldn't have been an option either.

This has been a painful lesson and, dragged out by the attorney, will be one with a 10-year lifespan! The attorney will argue that he preserved my certificate and delayed the suspension for 5 years with legal maneuvering. The legal maneuvering I do not mind, that is all part of the game --- but, the proper defense would have been the way to handle it and it probably would have all been long resolved by now --- maybe without any penalty whatsoever...but I won;t go back over what I have said before.

Just posting this as an "update" . . .
 

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David Moeslein said:
For those who may be following this (out of interest, disgust, hate, apathy, sympathy) whatever . . .

. . . here is a copy of the letter that my Congressman received from the FAA's Chief Counsel.....

Just posting this as an "update" . . .
Click to expand...

Haven't really followed this before today other than to be vaguely aware..

I went and looked up the linked documents..
And all I can say is.. wow.

You have a career altering event and your lawyer chooses not to answer the charge but play "who's on first" with procedural technicalities.

You may have been better served with an attorney who would have put you and your student on the stand (or deposed beforehand) stating how you guys DID follow procedure but got dinged anyways.

At this point I would be more unhappy with how Counsel handled your case than the FAA or the NTSB for how they have conducted themselves.
 
Dude, are you still whining about this? You screwed the pooch, admit it, accept it, and get over it.
 
He has changed his tactics, though. Through much of what has been discussed on these boards, he is now blaming the lawyer for the handling of the case. Perhaps rightfully so, now in retrospect, but if he would have admitted it in the beginning, talked to the FAA in their initial talks, he would not have had to go through all of this, in addition to losing his ticket for 90 days. It was a lapse in judgment, an error on his part, deal with it, take your punishment, stop whining, and move on. "This, too, shall pass."
 
In a related matter, my transponder did the weirdest thing on the way up to 6Y9. As we began FF they asked us to squawk a discreet transponder code, which I did. However, ATC called me back and asked why I was still squawking VFR, despite the fact that the requested code was visible on the transponder. It eventually began functioning correctly, but did this a couple more times during the trip. It was fine on the trip back.

I can only imagine the consequences of such a malfunction in the DC airspace.
 
Your post here could be significant if it happens again. Even better would be a report of your discussion with the avionics shop about this issue and their recommendation for a fix. Since you now know of the (reported) problem, some action to quantify/rectify the problem may be appropriate. If the shop thinks the problem was probably ground equipment rather than your box, you are good to go.



steingar said:
In a related matter, my transponder did the weirdest thing on the way up to 6Y9. As we began FF they asked us to squawk a discreet transponder code, which I did. However, ATC called me back and asked why I was still squawking VFR, despite the fact that the requested code was visible on the transponder. It eventually began functioning correctly, but did this a couple more times during the trip. It was fine on the trip back.

I can only imagine the consequences of such a malfunction in the DC airspace.
Click to expand...
 
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steingar said:
In a related matter, my transponder did the weirdest thing on the way up to 6Y9. As we began FF they asked us to squawk a discreet transponder code, which I did. However, ATC called me back and asked why I was still squawking VFR, despite the fact that the requested code was visible on the transponder. It eventually began functioning correctly, but did this a couple more times during the trip. It was fine on the trip back.

I can only imagine the consequences of such a malfunction in the DC airspace.
Click to expand...

What model transponder?
 
My suggestions:
  1. Buy a stronger whip.
  2. Change riders.
  3. Say things like, “This is the way we have always ridden this horse.”
  4. Appoint a committee to study the horse.
  5. Arrange to visit other sites to see how they ride dead horses.
  6. Increase the standards to ride dead horses.
  7. Appoint a tiger team to revive the dead horse.
  8. Create a training session to increase our riding ability.
  9. Compare the state of dead horses in today’s environment.
  10. Change the requirements declaring that “This horse is not dead.”
  11. Hire contractors to ride the dead horse.
  12. Harness several dead horses together for increased speed.
  13. Declare that “No horse is too dead to beat.”
  14. Provide additional funding to increase the horse’s performance.
  15. Do a Cost Analysis study to see if contractors can ride it cheaper.
  16. Purchase a product to make dead horses run faster.
  17. Declare the horse is “better, faster and cheaper” dead.
  18. Form a quality circle to find uses for dead horses.
  19. Revisit the performance requirements for horses.
  20. Say this horse was procured with cost as an independent variable.
  21. Promote the dead horse to a supervisory position.
http://en.wikipedia.org/wiki/Beating_a_dead_horse
 
AuntPeggy said:
My suggestions:
  1. Buy a stronger whip.
  2. Change riders.
  3. Say things like, “This is the way we have always ridden this horse.”
  4. Appoint a committee to study the horse.
  5. Arrange to visit other sites to see how they ride dead horses.
  6. Increase the standards to ride dead horses.
  7. Appoint a tiger team to revive the dead horse.
  8. Create a training session to increase our riding ability.
  9. Compare the state of dead horses in today’s environment.
  10. Change the requirements declaring that “This horse is not dead.”
  11. Hire contractors to ride the dead horse.
  12. Harness several dead horses together for increased speed.
  13. Declare that “No horse is too dead to beat.”
  14. Provide additional funding to increase the horse’s performance.
  15. Do a Cost Analysis study to see if contractors can ride it cheaper.
  16. Purchase a product to make dead horses run faster.
  17. Declare the horse is “better, faster and cheaper” dead.
  18. Form a quality circle to find uses for dead horses.
  19. Revisit the performance requirements for horses.
  20. Say this horse was procured with cost as an independent variable.
  21. Promote the dead horse to a supervisory position.
Click to expand...

ROTFLMAO!!!!!!! :thumbsup::thumbsup::thumbsup:
 
Henning said:
Dude, are you still whining about this? You screwed the pooch, admit it, accept it, and get over it.
Click to expand...
+1

It has gotten to and exceeded the pathetic point. There is an ego issue here that I think is helping to contribute to the OP's problems. Without the attorney's side we do not have both sides. But how can it be that the entire world EXCEPT the OP is wrong? That is telling, mmm hmm.
 
Do the time. Move on.

"When you point your finger 'cause your plan fell through, there's 3 more fingers pointing back at you." Mark Knopfler
 
Have you heard the phrase "Beating a Dead Horse" I think you have passed it.
 
flyersfan31 said:
...

"When you point your finger 'cause your plan fell through, there's 3 more fingers pointing back at you." Mark Knopfler
Click to expand...

Listen to Mark Knopfler. Dire Straits is the greatest band ever.

Seriously, whenever I'm having a bad day, listening to the Sultans of Swing cheers me up. And then there's Telegraph Road, Lady Writer, Down to the Waterline, Romeo & Juliet, Once Upon a Time in the West (even the hero gets a bullet in the chest), and Tunnel of Love.

And, although it's not my favorite, it always amuses me, because when I was about 5 years old, I was convinced it was "checks for free" - Money for Nothing. I mean, c'mon, you're 5; you don't understand groupies at that point, and if you get money for nothing, your checks are of course going to be free. It's just the nature of the game - if you're going to be nice enough to invest all of that money you got for no effort with the bank, the bank will certainly give you checks at no additional expense.

And that's how I justify not knowing it was "chicks for free" until age 26. No joke.
 
Obi Heed Kenobi said:
And that's how I justify not knowing it was "chicks for free" until age 26. No joke.
Click to expand...

You'll like this site then
http://www.kissthisguy.com/

The reference is to the Jimmy Hendrix song with the lyric 'kiss the sky' in it that many people swore was him singing 'scuse me while I kiss this guy' :D:D

Oh and it is an archive of misheard lyrics not a gay porn site. So it is safe for work and around children.
 
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smigaldi said:
You'll like this site then
http://www.kissthisguy.com/

The reference is to the Jimmy Hendrix some Kiss the sky that many people swore was him singing 'scuse me while I kiss this guy' :D:D

Oh and it is an archive of misheard lyrics not a gay porn site. So it is safe for work and around children.
Click to expand...

You're kidding me. Wow. The possibility that he said "sky" never even occurred to me.
 
Obi Heed Kenobi said:
Listen to Mark Knopfler. Dire Straits is the greatest band ever.

Seriously, whenever I'm having a bad day, listening to the Sultans of Swing cheers me up. And then there's Telegraph Road, Lady Writer, Down to the Waterline, Romeo & Juliet, Once Upon a Time in the West (even the hero gets a bullet in the chest), and Tunnel of Love.

And, although it's not my favorite, it always amuses me, because when I was about 5 years old, I was convinced it was "checks for free" - Money for Nothing. I mean, c'mon, you're 5; you don't understand groupies at that point, and if you get money for nothing, your checks are of course going to be free. It's just the nature of the game - if you're going to be nice enough to invest all of that money you got for no effort with the bank, the bank will certainly give you checks at no additional expense.

And that's how I justify not knowing it was "chicks for free" until age 26. No joke.
Click to expand...

"Chicks for free"? I thought it was "checks" too. I do like DS too.
 
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