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Protecting Yourself From FAA Actions Isn’t Hard

Prudent initial response to the investigation is sometimes just ‘name, rank, and serial number.’

The author says a pilot should politely ask for a written letter of investigation before the conversation goes any further. [Image: David Weaver/Adobe Stock]
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Key Takeaways:

  • Pilots should politely decline to answer detailed questions from the FAA or ATC regarding potential violations, instead asking for a written Letter of Investigation (LOI) and seeking legal counsel.
  • Upon receiving an LOI, pilots must be informed of their Pilot's Bill of Rights (PBR), which includes not being required to respond to the LOI and understanding that any response can be used as evidence against them.
  • Filing a timely and honest report with the NASA Aviation Safety Reporting System (ASRS) can provide immunity from civil penalties or certificate suspension for inadvertent violations, provided specific conditions are met.
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Unlike most columns, this one wasn’t much fun to research and write. But it’s late winter in the lower Midwest, and I’m not flying much in a steady diet of snow, rain, high and gusty winds, and low ceilings with clouds full of ice. And besides, this is information every pilot should know.  

A few months ago, I wrote about the difference between administrative FAA actions in dealing with an alleged violator of the regulations versus civil or criminal prosecutions. I dug in (which was not fun) and learned a lot more about how things can and should work, but often don’t. To begin, what to do if you answer a phone call that starts, “This is FAA Inspector Blodgett, calling for Mr. Hotshot Pilotte.” 

Martha Lunken

Martha Lunken is a lifelong pilot, former FAA inspector and defrocked pilot examiner. She flies a Cessna 180 and anything with a tailwheel, from Cubs to DC-3s.

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