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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:

  • When contacted by the FAA or ATC about a potential violation, pilots should politely request a written Letter of Investigation before answering substantive questions and are advised to seek legal counsel.
  • Pilots are protected by the Pilot's Bill of Rights (PBR), which mandates timely written notification of their investigation rights, including the right not to respond and that any response may be used against them; failure to provide PBR can invalidate the case.
  • Promptly filing a NASA Aviation Safety Reporting System (ASRS) report (within 10 days of awareness) for inadvertent violations can often prevent civil penalties or certificate suspension, subject to specific conditions.
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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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