FAA Enforcement Actions
- What are the three types of enforcement actions that the FAA may take against an airman?
There are three types of enforcement actions that are commonly employed by the FAA. These include administrative actions, often used to settle cases where there are minor violations of stipulated rules and regulations by the airmen. Enforcement actions of this nature carry the form of warning letters or correctional letters. Legal action is also another enforcement action where cases are settled through a court of law. Cases of this nature may be in the form of criminal activity and related civil violations. Lastly, certificate action is an enforcement action where the certificates of the concerned airman are confiscated on grounds of lack of proficiency in work delivery.
- What is the difference between an “administrative” and “legal” enforcement action?
Administrative actions are considered corrective actions taken by the concerned management (FAA) in settling minor violations of required work ethics and ranges from the issuance of warnings to writing correctional letters. In contrast, legal actions are actions that require the intervention of judicial system, that is, a court of law.
- What is the name of the system the FAA inspector’s use in determining the appropriate action for those suspected of violating FARs?
The system is referred to as Enforcement Decision Tool (EDT).
- In order to determine if you were involved in an accident, which federal regulation would you review?
To determine whether they are involved in an accident, the airmen should review the federal regulations and safety governing body, commonly referred to as National Transportation Safety Board (NTSB). The federal board is mandated to investigate all civil aviation accidents occurring in the United States.
- The FAA relies primarily on two orders regarding enforcement and compliance procedures –what are they?
FAA relies mainly on internal administrative orders and the FAA act of 1958. The act has statutes that govern the enforcement and compliance-related procedures.
- Notices of Proposed Certificate Action refer to what type of enforcement action?
Notices of proposed certificate actions stems from administrative action. This is because notices are written letters, a task done by the enforcement agency (FAA).
- FAA inspectors substantiate their “findings” and document their actions in something called an EIR. What does the acronym “EIR” stand for?
EIR means Enforcement Investigative Report. EIR provides a basis of substantiating an enforcement action.
- The FAA uses an EDP worksheet to determine what?
EDP worksheet is used when exercising prosecutorial discretions.
- If you appeal the FAA’s determination regarding a legal enforcement action, what type of judge will hear your case? Who is the judge employed by? Will there be a jury?
The appeal case will be heard by the administrative law judge (ALJ). The presiding judge will be employed by the NTSB and will preside over the case with no jury.
- If you do not prevail in the underlying case who do your first appeal to? What if you fail to prevail on the first appeal?
The appeal case will be heard by the entire NTSB, and will be determined based on the existence of any violations of the law by the hearing judge. NTSB team rarely revokes a ruling, and thus, if not satisfied, the appellant will seek justice through the U.S. district court.
- What is the Equal Access to Justice Act (EAJA)?
EAJA is an act of law that authorizes payment of attorney’s fees to the prevailing party in a case against the U.S. government failing to prove the case in the court of law.
- What three elements must be proven by and EAJA applicant in order to be awarded fees and costs?
Elements that must be proven are; a show that the applicant is a prevailing party, the eligibility of the applicant to receive the award, and the statement showing the amount sought by the prevailing party.
- Under the ASRS/ASRP, is inadvertence synonymous with deliberate conduct?
Under ASRS/ASRP, inadvertence is not a deliberate conduct, thus, cannot be the same.
- List three changes in the enforcement process that are attributable to the PBR.
- Changes have been made to ensure that communication tapes are availed to the pilot during an accident.
- Changes made also give airmen rights of accessing radar information.
- The pilots can also request statements from air traffic controllers.