Appeal of the FAA’s Initial Determination in the case of an enforcement action. a. The FAA files a “Complaint" after an appeal is filed. Usually this Complaint is a cover letter stating that the Notice serves as the Complaint. b. The pilot/appellant must file an Answer in a timely manner. HEARING BEFORE AN NTSB JUDGE.
Our mission is to make air travel safer through investigation, data collection, risk analysis, and information sharing. We provide Preliminary Accident Data and Incident Data for the last ten working days. Address: Federal Aviation Administration. Office of Accident Investigation. 800 Independence Ave., SW, Room 840. Washington, D.C. 20591 ...
· The repercussions for passengers who engage in unruly behavior can be substantial. They can be fined by the FAA or prosecuted on criminal charges. As part of the FAA 's Reauthorization Bill (PDF) FAA can propose up to $37,000 per violation for unruly passenger cases. Previously, the maximum civil penalty per violation was $25,000.
· The FAA issues a letter of investigation (LOI) to a pilot early in its enforcement process. The first thought for most pilots is, “What should I do and where is this going?”. Under the Pilot’s Bill of Rights, the LOI must state that a response is not legally required and that no adverse inference may be made if the pilot does not respond.
The Office of Accident Investigation and Prevention is the principal organization within the FAA with respect to aircraft accident investigation and all activities related to the National Transportation Safety Board (NTSB).
Our mission is to make air travel safer through investigation, data collection, risk analysis, and information sharing.
Unruly Passengers. The FAA investigates unruly-passenger incidents that airline crews report to the agency. The data below reflects all cases the FAA investigated that cited violations of one or more FAA regulations or federal laws.
The repercussions for passengers who engage in unruly behavior can be substantial. They can be fined by the FAA or prosecuted on criminal charges.
The FAA 's database contains only those incidents reported to FAA. Reporting is at the discretion of the crewmember.
If you are charged with assaulting a crewmember, or if you receive notice of a proposed civil penalty for interfering with a crewmember, you should contact a criminal defense attorney who has experience defending such cases.
The federal law aims to protect passengers and crew, making it illegal to interfere with the crew (flight attendants and pilots). Assaulting them (injuring or attempting to injure them), intimidating them, or attempting or conspiring to do so can result in a felony conviction if the defendant has interfered with the performance of the crewmember's duties. Defendants who use a dangerous weapon (any object that can be used or is used to cause death or serious bodily injury) can be punished more severely than those who do not.
The maximum civil penalty for interfering with a crewmember is a fine of up to $25,000. (49 U.S.C. § 46318.) To impose a fine, the FAA files a notice of a proposed civil penalty. The passenger can request a hearing, which will be held before a federal Administrative Law Judge (ALJ).
Almost any offensive or disruptive behavior that distracts the crew can be considered interference, such as: physically blocking a flight attendant from walking down the aisle or out of the galley. disobeying repeated requests to sit down, return to your seat, or turn off an electronic device.
Assault . Assaulting a crewmember is punishable by up to 20 years' imprisonment, and a fine of up to $250,000. If a dangerous weapon is used, the defendant can be imprisoned for life.
To avoid trouble in case of a disagreement: If possible, do as you are asked. Do not raise your voice or make threats. If you're having a problem with an attendant, ask to speak to the flight attendant in charge. Never, ever touch a crewmember.
These days, air travel rarely brings out the best in anyone. But hitting, threatening, or interfering with a crewmember working on an airplane violates federal law and can result in a felony conviction. The Federal Aviation Administration (FAA) can also impose substantial fines. For more information on the laws surrounding air travel, ...
When the FAA receives notice and evidence to show that a certificate holder (mechanic, repair station, air carrier, pilot, etc.) may have violated one or more of the Federal Aviation Regulations (FARs), in most cases an FAA aviation safety inspector will send the alleged violator a letter of investigation (LOI) advising that the FAA is investigating an alleged violation of the FARs. Whether you should respond to an LOI and how you should respond are two of the most common questions raised by LOI recipients.
The FAA sends the LOI by regular mail and either certified mail, return-receipt requested, or registered mail to the recipient’s current address of record in order to establish proof that the recipient was notified of the investigation. If the LOI is returned or undeliverable (because it is addressed incorrectly or the recipient has moved and left no forwarding address), then the FAA inspector is required to correct the address or try to obtain a new address and resend the LOI. An FAA inspector may also deliver the letter in person.
Whether or not and how you respond to an LOI are strategic decisions. Since you are already in the FAA’s sights, consult with an aviation attorney before sending a response that tries to explain or address the allegations in the LOI. With the assistance of an aviation attorney you can prepare a response that may mitigate damage, minimize investigation, and that will avoid providing admissions or other evidence that could later be used against you. At a minimum, an aviation attorney can run interference between you and the FAA.
The LOI is just the beginning of the enforcement process. Although your response to an LOI may not prevent the FAA from pursuing an enforcement action, how you respond to the LOI has the potential to have a significant impact on the outcome of the case. Make sure you respond wisely.
Sometimes it makes sense to simply acknowledge receipt of the letter, advise that you don’t have anything to add, and offer to respond to any specific questions or requests the inspector may have. After all, by the time the LOI is sent, the inspector has usually conducted some investigation and discovered enough evidence to determine that a violation may have occurred. So why disclose anything that could add to the case?
On the other hand, in some situations it may make sense to provide a more detailed explanation in your response to the LOI. For example, if it is a case of mistaken identity or you have evidence that clearly proves the inspector is wrong, then submitting that information in response to the LOI very well may force the inspector to close the investigation.
From a basic courtesy standpoint, it seems appropriate to respond to a letter asking for a response. After all, no one likes to have their requests ignored. However, sending a response to an LOI that tries to explain the situation or otherwise “make it go away” very rarely ends well for the certificate holder. Often the certificate holder’s response includes admissions that help the FAA and can later be used against the certificate holder.
Legal Enforcement. Legal enforcement action may be taken where the FAA legal staff determines that a violation has occurred. Action may take the form of a civil penalty or a certificate action. The FAA will issue a Notice of Proposed Civil Penalty (NPCP), which is a monetary penalty levied for regulatory violations.
This session reviews 14 CFR part 13, which defines the FAA’s powers of investigation and enforcement. It walks through the rule in order to explain its organization and define the procedures and authority contained within each of the nine subparts. To support this general overview, the session highlights key sections and phrases within each subpart.
2) Click on “Request An Account” from the top right of the screen. 3) Complete the registration form, click on “Submit,” and select “FSDO Inspector” or “Administrative Staff.”. 4) Look for your registration information via your email account.
1) The PTRS activity code X761 (Technical Support Function) will be used by FAA participants that participate on scene to record their activities. 2) FAA participants providing investigative support not at the accident site will use activity code X703 (Accident Other) to record their activities.