Pilot Certificate Actions

---

The Federal Aviation Administration’s (FAA) “Fitness for Flight” manual provides an overview of safety information for pilots, and pilots must agree that they are “fit to fly” every time they get into the pilot’s cabin. The FAA may find a person “unfit” to fly because of a problem with an illness, medication, fatigue, or emotional issues.

 There are several certifications a person must obtain to be cleared for an airmen’s certificate, and the FAA Pilot Medical Certificate is among the most important because it clears a person as being both mentally and physically fit enough to be trusted with operating passenger and private airplanes. A person is mandatorily disallowed from obtaining medical clearance if they suffer from a personality disorder manifested by overt acts, psychosis, alcoholism, drug dependence, epilepsy, an unexplained disturbance of consciousness, myocardial infarction, or angina pectoris, and diabetes requiring medication for its control.

A person who the FAA has not cleared may be required to submit documentation that covers a primary drug they used, any additional drugs that were used during an airman’s lifetime, for each drug: how much was used, how often it was used, the setting where the person used the drug, and the dates they started and stopped, the treatment program a person attended if they attended one, and the adverse effects of using the drug. When a person has a history of alcohol dependency, there is an FAA process they must go through to ensure that their dependency has ended and they are safe to work in the aviation industry.

When a pilot is arrested for a driving while intoxicated (DWI) or driving under the influence (DUI) offense, they have an obligation to report their arrest to the FAA within 60 days. Failure to disclose convictions can have a dramatic impact on the ability to get an airmen’s certificate.

The Code of Federal Regulations provides that an aircraft accident is an occurrence associated with the operation of an aircraft that occurs between when the first person boards the aircraft and the last person disembarks, results in death or serious injury, or causes substantial damage to the aircraft. An aircraft incident is an occurrence other than an accident (no intention of flight) associated with the operation of an aircraft that affects or could affect the safety of operations.

709 Checkrides/709 Rule

The FAA typically contacts people for 709 Checkrides or just 709 Rides to recertify and re-examine an aviation operating certificate because of an accident involving a pilot that triggered an investigation. 709 Checkrides and 709 Rides are often initiated because a pilot damaged an aircraft, forgot to release a landing gear, or was not able to control their aircraft.

The FAA states that the Civil Aerospace Medical Institute (CAMI) is available for all pilots and provides such services as establishing medical standards and certification procedures for pilots, designating and training physicians to serve as Aviation Medical Examiners (AMEs) for the FAA, issuing pilot medical certificates, reviewing medical records for the purpose of issuing Authorization for Special Issuance, issuing duplicate medical certificates, and verifying pilot medical certificates. All airmen must have active medical certificates stating their physical airworthiness.

Emergency Orders of Revocation or Suspension mean pilots lose their operating or medical certifications saying they are fit to fly. The United States General Accounting Office reported that the FAA found no violations occurred in about 5 percent of cases, only about 1 percent of cases saw successful appeals, and 77 percent of cases saw the FAA’s decision standing as the final one.

An FAA Letter of Investigation may mean that a pilot has already been investigated and cleared, but it could also mean that an investigation has only just begun and details are still being collected. A Letter of Investigation at least allows a pilot an opportunity to contact a lawyer to discuss what options they might have.

A Notice of Administrative Action or Legal Action does not take away the right to fly or work in the aviation industry, but it can be a warning notice or a Letter of Correction informing a person that further action may be taken when other infractions are discovered. A Letter of Correction will contain certain instructions that are important to follow because failure to follow instructions may make a person subject to a Notice of Legal Action that could lead to suspension.

Pilot Records Improvement Act (PRIA) refers to protocols airmen must follow to avoid accidents. An attorney can help you with your flight history when you are subject to a PRIA check.

The United States is home to several controlled spaces pilots are forbidden from flying into. Any B, C, or D airspace will require clearance and pilots may inadvertently enter controlled spaces.

NTSB Appeals

Pilots may have to file reports with the National Transportation Safety Board (NTSB) when they experience a malfunction or failure of the flight control system, a crewmember succumbs to an illness that makes them unable to perform their duties, there is any failure of the engines or turbines, a fire, colliding with another aircraft while in flight, any type of property damage, a propeller was released or fell off, any damage to helicopter blades or rotors, or there was a landing on an incorrect runway.

NTSB Appeals

Pilots may have to file reports with the National Transportation Safety Board (NTSB) when they experience a malfunction or failure of the flight control system, a crewmember succumbs to an illness that makes them unable to perform their duties, there is any failure of the engines or turbines, a fire, colliding with another aircraft while in flight, any type of property damage, a propeller was released or fell off, any damage to helicopter blades or rotors, or there was a landing on an incorrect runway.

Ramp Checks/Inspection Defense

FAA officials will often conduct ramp checks to ensure that no FARs have been committed and everything is ideal with pilot certifications and the exterior of an aircraft. A pilot should always have their certification documents on them while operating an aircraft.

TFR Violation Defense

Violations of TFR restrictions can result in fines of up to $100,000 plus civil penalties, up to one year in jail, and suspension or revocation of certifications (medical or operating). Many pilots may accidentally enter Temporary Flight Restriction zones.

Pilot Medical Solutions, Inc. The Fastest, Most Trusted Aeromedical Service. www.leftseat.com 

Aerospace Medical Association. https://www.asma.org/home