Copyright © 1999 Balloon Life. All rights reserved.
Over continued reservations from the aviation community, it looks as if the Federal Aviation Administration's proposed Streamline Administrative Enforcement Process will become reality in 1999. On December 21, 1998 FAA Administrator Jane Garvey announced that the new process will be used by the FAA. The FAA's 3310 safety inspectors will begin using the new program as early as June.
Balloon Life reviewed the initial proposal for the program in a Special Report, FAA Compliance/Enforcement Program, in the July 1998 issue. This program allows the FAA inspectors to write up "tickets" on the spot for Federal Aviation Regulation violations that are not serious and involve mere administrative actions. There has been considerable discussion whether this program will take away the airmen's right of appeal and/or their ability to have their day in court. Balloon Life will examine the new program in more detail in a future issue.
This article will discuss some Do's and Don'ts when talking with an FAA Inspector. Our title above refers to those situations where an FAA Inspector may come up to you before takeoff or after landing and ask some questions. FAA Inspectors are not required to identify themselves unless asked to. Since anything you say can and will be used against you by the FAA it is a good idea to identify strangers asking questions.
Balloon Life recently spoke with Robert Hedrick, Editor, The NTSB Bar Association Newsletter. Mr. Hedrick is an aviation attorney based in Seattle, Washington. Below are his Ten Commandments of an FAA Investigation:
The Do's - Thou Shalt...
1. Determine if you are a suspect. Mr. Hedrick suggests identifying anyone asking questions about your flight or aircraft whom you do not know. If the person is an FAA Inspector, ask them if you are under investigation for any reason.
2. Keep a good attitude and be respectful. NEVER get into a shouting match or take a righteous position with an inspector. It is the quickest way to get into deeper trouble. Be polite and courteous.
3. Attempt to cooperate. Mr. Hedrick points out that this is a fine line. Remember that anything you say will be used against you. At the same time, should there be a question in the inspector's mind, you want to try to resolve issues on the spot. Which leads us to the next commandment.
4. Be truthful!!! Do not under any circumstances lie or otherwise fabricate information. If something you would say would be damaging information, do not say anything. Seek legal help if there is any doubt.
5. If asked to show documents such as your license, airworthiness certificate, or aircraft registration, show them. You may also be asked to show your pilot or aircraft logbook. You are not required to have your logbooks with you. You do have a reasonable time in which to produce them, i.e., don't turn them over right away. Under FAR 61.51, flight training and aeronautical experience, you are required to prove that you meet the requirements of the section.
The Don'ts
6. Discuss uncertain history. Seek legal help before you talk your way into trouble.
7. Surrender your airmen's certificate. Show it, but don't let go. You are required to have the certificate with you and to show it. NEVER relinquish it for any reason. Mr. Hedrick suggests holding onto it with a firm grip.
8. Volunteer damaging statements.
9. Internal Ramp Check of your aircraft. This really applies to airplanes more than balloons. A balloon basket is visible and the inspector can easily see inside without boarding the aircraft. While the inspector can suggest that you might not want to take off because of a problem they might observe, they can not stop you as pilot-in-command. However, I'd go with their suggestion.
One More Do
10. If in doubt, and appropriate, file a NASA report. In 1975 the FAA instituted a voluntary Aviation Safety Reporting Program, which was designed to encourage the reporting and identification of deficiencies and discrepancies in the aviation system. (See Aviation Safety Reporting Program and Violation in Balloon Life April 1989.) If certificate action is taken against you and you lose this might be your "get out of jail free card." You can pickup the ASRS forms at your local Flight Standards District Office or download it on the Internet from http://www.afo.arc.nasa.gov/ASRS/ASRS.html.
Talking with an inspector is not a painful exercise.
Just remember Mr. Hedrick's rules, be pleasant, courteous, and truthful.
Or don't say anything at all until to you have had a chance to confer with
an aviation attorney.
Copyright © 1999 Balloon Life. All rights
reserved.