David Moeslein
Pre-Flight
Those of you who have been "following" my saga of the unauthorized ADIZ penetration that occurred 5 years ago [July 10, 2004] will now get some more information that, in my opinion, is quite troubling.
I surrendered my certificate on July 29, 2009 for a period of 90 days. Now, I wanted to know how the various dates are looked at with respect to any inquiry. With respect to inquiry - there are three possibilities. The first (1) is the simple record: How long does the violation and the suspension remain on the record. The second (2) is: How do I answer a question concerning whether I have ever had any violations. The third (3) deals with the "rating agencies" such as Wyvern and ARG/US and what they report and rate when they look at the record. So - here's the answers:
(1) Pertaining to certificate action, such as a suspension, the record is open for five years following the date of the surrender of the certificate. For me, this means that my record has shown "pending enforcement action" for the past five years (and that has had its consequences) and now, I get to love with this for another five years! Does tha make any sense? Gets worse --- if I would have had an incident or accident, the record is only preserved for five years after the date of the incident or accident (admittedly, certificate action would probably be taken, too). Doesn't seem to be fair. [SEE ATTACHED PDF FILE]
(2) Not quite sure how to answer this question except that, over the next five years for certain, I have to answer "yes" to the question because the record will reveal it. Again, this i basically a 10-year black mark on my record.
(3) Here is the one that is the worst. I sent a letter to Wyvern and to ARG/US. Wyvern was very quick to respond with a phone call and a nice lady on the other end of the line. She said that Wyvern looks back for three years from the date of the violation AND they also consider the violation, the type of flight, and the aircraft. So - in my example, this was an ADIZ airspace violation (in a "heated & politically charged environment) that occurred over 5 years ago during an instructional flight in a Piper Arrow. To them, a non-issue when "recommending" a pilot for a flight in a corporate jet. The key with Wyvern is that they don't "rate", they "recommend". ARG/US has not responded but I spoke with them several months ago and this is where I learned that "pending enforcement action" was disqualifying me to fly for a company seeking an ARG/US rating.
In essence, I think I am screwed unless I can get before a chief pilot and explain the situation --- even then, insurance companies pick up where the FAA leaves off and that may even be a problem. I'll have to explore that next.
Some who read this will accuse me of whining. OK, that's their perspective. I'm just providing this information for anybody who may be interested.
Lastly, some have suggested that I seek legal action against the attorney who represented me. Given the domino effect of how things have turned out, I'd like to do that --- but I think it would be terribly expensive AND hard to prove, unless there was some attorney who truly understood it and took it on contingency.
I think I just move on; sometimes life isn't as you'd like it and you do the best to recover.
I surrendered my certificate on July 29, 2009 for a period of 90 days. Now, I wanted to know how the various dates are looked at with respect to any inquiry. With respect to inquiry - there are three possibilities. The first (1) is the simple record: How long does the violation and the suspension remain on the record. The second (2) is: How do I answer a question concerning whether I have ever had any violations. The third (3) deals with the "rating agencies" such as Wyvern and ARG/US and what they report and rate when they look at the record. So - here's the answers:
(1) Pertaining to certificate action, such as a suspension, the record is open for five years following the date of the surrender of the certificate. For me, this means that my record has shown "pending enforcement action" for the past five years (and that has had its consequences) and now, I get to love with this for another five years! Does tha make any sense? Gets worse --- if I would have had an incident or accident, the record is only preserved for five years after the date of the incident or accident (admittedly, certificate action would probably be taken, too). Doesn't seem to be fair. [SEE ATTACHED PDF FILE]
(2) Not quite sure how to answer this question except that, over the next five years for certain, I have to answer "yes" to the question because the record will reveal it. Again, this i basically a 10-year black mark on my record.
(3) Here is the one that is the worst. I sent a letter to Wyvern and to ARG/US. Wyvern was very quick to respond with a phone call and a nice lady on the other end of the line. She said that Wyvern looks back for three years from the date of the violation AND they also consider the violation, the type of flight, and the aircraft. So - in my example, this was an ADIZ airspace violation (in a "heated & politically charged environment) that occurred over 5 years ago during an instructional flight in a Piper Arrow. To them, a non-issue when "recommending" a pilot for a flight in a corporate jet. The key with Wyvern is that they don't "rate", they "recommend". ARG/US has not responded but I spoke with them several months ago and this is where I learned that "pending enforcement action" was disqualifying me to fly for a company seeking an ARG/US rating.
In essence, I think I am screwed unless I can get before a chief pilot and explain the situation --- even then, insurance companies pick up where the FAA leaves off and that may even be a problem. I'll have to explore that next.
Some who read this will accuse me of whining. OK, that's their perspective. I'm just providing this information for anybody who may be interested.
Lastly, some have suggested that I seek legal action against the attorney who represented me. Given the domino effect of how things have turned out, I'd like to do that --- but I think it would be terribly expensive AND hard to prove, unless there was some attorney who truly understood it and took it on contingency.
I think I just move on; sometimes life isn't as you'd like it and you do the best to recover.
From a professional perspective, I must take strong exception to your statement, "I question your judgment and do not trust your decision making skills." You are certainly subject to your opinion but I think you may be in the minority given the number of the people who have received instruction from me, including "Cap'n Ron and his wife, (at the time --- 5,000+ hours of dual given with 70 recommendations for checkrides @ 95% first-time pass rate), holding a Gold Seal Instructor Certificate [CFI, CFII, MEI], and ATP Pilot Certificate with two type ratings and with Check Airman authority for one of the largest air carriers out there.
. Although you'd have to be able to grow mold on Velveeta in the first place 
