Page 16 - July 2022

You: But officer, I don’t think so. I was only going 59, and I was passed by someone going 75. Why didn’t you stop them?
Police: Because I stopped you, and you just admitted going 59 in a school zone.
In legal parlance, we lawyers call that admission against interests. It doesn’t matter what the other car was doing. It doesn’t even matter if the police didn’t know how fast you were going and had no proof of your speed. You just admitted to going 59 in a school zone. Do you see how it works?
So, how should I answer? Quote 3 from my mom ... “Heaven gave you two ears and one mouth so that you could listen twice as much as you talk.” I stand by Mom’s advice. If and when you return the call, LISTEN. Don’t talk other than to say, “really?” or “I had no idea,” or “I don’t believe that’s correct,” but most importantly, don’t argue and MAKE NO ADMISSIONS. Heck, they don’t even know that you were pilot in command! Maybe you were just the radio operator. The fact is that we are often our own worst witnesses to any event. You can only see what you think might have occurred from one perspective. You don’t know what the controller saw. Heck, you don’t even know if the radar that triggered the warning violation was working properly.
What can happen?
Let’s say that you get tagged with some perceived violation. What can they do to you? That’s easy. The FAA can: 1) slap your hand, 2) pull your certificate for a few days, or you could be permanently dethroned, 3) require remedial training, 4) levy financial penalties, 5) cause anguish, grief, emotional pain and cause your insurance premiums to go up. The latter of these may be the most painful as you will be paying more for years to come. In some cases, the violation can injure your chances of getting that airline job you’ve dreamed about. The good news is that they can’t arrest you, throw you in jail or execute you ... feel better now?
Generally, a first offense that injured nobody usually requires remedial training or a short suspension of your flying privileges. The real damage comes from the fact that you are now a “marked” person with a history. Next time an offense occurs, the FAA will likely not be so kind.
There might be a partial solution: File a NASA report, also referred to as an ASRS (Aviation Safety Report System). You will be providing complete details of the event as seen through your eyes. Think of it as a post-flight debriefing. These reports are designed to improve safety, not to punish you. For NASA, it is about data collection. For the FAA, it is a way to make aviation safer. For you, it is about maybe not getting whacked with a penalty after you have had a flying brain fart.
14 • KING AIR MAGAZINE
JULY 2022