Page 18 - July 2022

Police (FAA): License, registration, please and medical. Do you know why I’m sending you a nasty, scary letter from a governmental organization?
You: Well, maybe. Was I doing something wrong?
Police (FAA): I’d say so, and unless you can establish that you didn’t do something that I feel was careless or reckless, you are in deep poop, and by the way, “I” am the person in charge who believes that you were operating in a careless or reckless manner.
You: What did I do that was careless or reckless?
Police (FAA): I saw your YouTube video that you posted (or somebody reported that you were flying too low over the water, and I believe that is careless and reckless, or you ran out of gas and had to ditch, and that is just careless), so I’ll be sending you a nastygram, and you’ll need to call our office and spill your guts and convince us why we should deem your actions as not careless or reckless.
The point here is that the FAA will provide you with a degree of specificity but will likely also throw in 91.13 as a backup violation. The problem is that you are now being asked to have a conversation with FSDO to establish that you had good and careful reasons for flying the way you did.
As I mentioned earlier, you are not obligated to respond, but if you don’t, they will convey their presumptions uphill to the FAA legal folks. And based upon the investigator’s assumptions, will charge you with the obligation to make your life difficult – likely requiring a trial or agreeing to some amicable penalty with which you will not be happy. Remember that any settlement still shows up on your record and affects insurance premiums and potential career interests.
I am leaving out lots of things as there are dozens of scenarios and variations on this plot, but most are sardonic in nature. The takeaway is that whether you are asked to call the tower, or receive a letter of investigation, say little and don’t unintentionally indict yourself with any admissions. You will likely not convince the FAA that you didn’t do what they believe you did.
Please understand that the FAA gets their information from ATC, radar data, public records, social media, people with a grudge against you, hot tips, and lately, from a YouTube video that you or a friend posted. These can give rise to a letter of investigation requesting a conversation. Of course, you need to be aware that pilots have their own Bill of Rights. The issue now becomes whether you want to be your own defender (if so, please read the 266 pages of FAA Compliance and Enforcement Program, Order 2150.3c, the Federal Rules of Procedure, and evidentiary rules) or engage a professional experienced in these matters involved on your behalf. Keep in mind that future insurance costs and pilot reputation are at stake.
Here is where AOPA comes into play. The FAA loves people who have a conversation with them without any
16 • KING AIR MAGAZINE
legal guidance. Even if you are a great pilot, you likely aren’t familiar with the system’s inner workings and the law. You are inherently defensive and searching for forgiveness because you likely suspect that you made at least some error. (Heck, I don’t think I’ve ever had a flight where I didn’t do something wrong.) When you represent yourself, you will likely, albeit unintentionally, admit things that the FAA’s evidence can’t support; and they can’t prove without you telling them or admitting something that you think you did wrong.
But, you say, lawyers, especially specialty lawyers like those skilled in aviation law, are expensive. While that may be true, it doesn’t have to be that way. AOPA has a legal insurance program available to its members at a very reasonable price. At the very least, it will cover a consultation so that you are prepared as to how you want to handle the matter. Above all, DON’T fall on the sword. Do like I’ve done. Ask your mother. She’ll tell you to call an industry professional. I’ve spent much of my life trying to keep people out of trouble, as it is far less expensive than getting them out of it. Alas, many (most) never ask for help.
Being a good pilot isn’t just about flying. It is also important to know and understand as many issues as possible that can keep you flying and out of trouble. Know what you know. Know what you don’t know and know the difference! KA
Dennis R. Haber Esq is a business and aviation attorney and a commercial, multi-engine rated pilot of 54 years. He currently flies a Cirrus and has served on COPA’s board of directors and as a trustee of the COPA Safety and Education foundation. He is an FAA Master Pilot Award recipient, as well as an AOPA Panel Attorney.
JULY 2022