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Pilots Bill of Rights

In late 2010, experienced pilot and U.S. senator James Inhofe was issued a pilot violation by the FAA. Displeased with the violation process, he created and sponsored the Pilots Bill of Rights 1 and 2. The NTSB is supposed to be an impartial entity to which a pilot may appeal a certificate suspension or revocation. For decades, aviation attorneys have known this is not reality.

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Key Takeaways:

  • The Pilot's Bill of Rights (PBR) 1 and 2 significantly strengthened due process for airmen in FAA investigations by requiring timely notification, access to critical data, and stricter adherence to federal rules of civil procedure and evidence, while also eliminating the FAA's "special deference" during NTSB reviews.
  • The legislation mandated substantial improvements to the NOTAM system, making flight information more accessible, searchable, and relevant to pilots, with provisions to penalize the FAA for non-compliance or incomplete data.
  • PBR2 expanded protections to all FAA certificate holders, streamlined medical certificate processes, restricted arbitrary re-examinations, provided civil liability protections for certain public benefit flights, and offered airmen more convenient federal court venues for appealing enforcement decisions.
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In late 2010, experienced pilot and U.S. senator James Inhofe was issued a pilot violation by the FAA. Displeased with the violation process, he created and sponsored the Pilot’s Bill of Rights 1 and 2.

The NTSB is supposed to be an impartial entity to which a pilot may appeal a certificate suspension or revocation. For decades, aviation attorneys have known this is not reality. They have accused the FAA repeatedly of unfairness in both the investigation and prosecution of such cases. They also contended that the NTSB’s review of an FAA order almost always comes down on the FAA’s side. Years of such decisions are well-known in the aviation community and have rarely favored the pilot. That all changed for the better once the Pilot’s Bill of Rights became law.

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