Compliance Legalities

In the April issue of IFR, Fred Simonds wrote an article that did an excellent job of explaining how the FAAs Compliance Philosophy program, started in 2015, seeks to encourage pilot compliance with the regulations through guidance rather than punishment. He also provided data that strongly indicated it has had the effect of reducing the number of pilot deviation events (potential violations) that turned into violation actions seeking punishment of pilots to nearly zero.But, youll still want to be careful.

Key Takeaways:

• The FAA's "Compliance Philosophy" has successfully shifted its approach from punishing honest pilot mistakes to encouraging compliance through guidance, leading to a significant reduction in formal violation actions.
• Pilots contacted by the FAA for a potential deviation are now generally advised to cautiously engage, as inspectors are more likely to apply the Compliance Philosophy, favoring remedial education over punitive measures.
• When responding to the FAA, it is crucial to first consult an aviation attorney, immediately file an ASRS report, and use polite, professional, and equivocal language to express responsibility without directly admitting guilt, particularly if the deviation was unintentional.

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