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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) significantly reformed FAA enforcement proceedings by requiring timely investigation notifications, granting pilots access to air traffic data, mandating NTSB reviews conform to federal rules of evidence, and eliminating special deference to the FAA.
  • The legislation improved pilots' access to information by establishing a searchable NOTAM database and expanded appeal options to local federal courts, making legal recourse more accessible and equitable.
  • PBR2 extended protections to all FAA certificate holders, restricted the FAA's ability to conduct "fishing expeditions" or demand unwarranted re-examinations, and provided civil liability immunity for FAA designees and pilots engaged in public benefit flights.
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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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