What Do You Do If You Have Accidentally Done Something The FAA Didn't Like, And
They Send You A Letter Asking You Explain In Writing
Dealing With The FAA:
What Do You Do If You Have Accidentally Done Something The FAA Didn't Like,
And
They Send You A Letter Asking You Explain In Writing
| The FAA's "Get Out Of
Jail" Free Card.... If you ever "ding" your Mooney, aggravate ATC somehow, or do something you wish the FAA wouldn't ever hear about.....you had better know all about the hard to find, "NASA ARC 227B Incident Reporting Form". While we hope you will never have to use it, we furnish the form on-line as it is hard to find on the net... And when you need it, you will really need it! |
Background:
When you receive a formal notice of infraction or even a written FAA request for an
explanation relative to a recent (alleged) violation of a FAA Regulation, a written reply
of some sort is normally necessary. Depending on the seriousness' of the situation,
you may be well advised to contact a FAA savvy attorney prior to responding.
The better informed you are "up-front", the better. And, if you can nip
this in the bud, you are probably far better off than not. Typically the local FAA
agent in charge has tremendous latitude and/or power (so to speak) to affect a full range
of actions against or towards you. However, you may wish to keep in mind that
occasionally your response can be (and is) used against you to get you to admit guilt
and/or perhaps even to verify the identity of the PIC (pilot in command) etc.
Remember, FAA actions are administrative and your rights are notably limited when compared to the typical legal process customary in court etc. There is no clear path of sure-fire advice, but given the scope of the situation, it is generally thought that some sort of a written response to a written request is mandated. In fact, many times it is best to take the initiative to call ATC or the tower soon after landing just in case the FAA personnel may be contemplating pursuing further enforcement action.
MOA Pilot Magazine PDF
Reprints "From The Experts" On This Topic |
| September '01, The MOA PILOT Magazine: "Please Call The Tower...." By Robert Perry Smith, Esq. How to deal with a FAA request to call the tower or "THE Letter" from an aviation savvy attorney. |
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