Tag Archives: Enforcement

Is the FAA Changing Its Position on Enforcement Actions?

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FAAHistory has taught us that the FAA could almost always be counted on to bring the full weight of the federal government to bear on airmen who deviated from the Federal Aviation Regulations, no matter how minor the infraction.  However, a recent Order seems to indicate that the feds are re-thinking their enforcement methodologies.  Order 8000.373 states that:

The FAA recognizes that some deviations arise from factors such as flawed procedures, simple mistakes, lack of understanding, or diminished skills. The Agency believes that deviations of this nature can most effectively be corrected through root cause analysis and training, education or other appropriate improvements to procedures or training programs for regulated entities, which are documented and verified to ensure effectiveness.

Could it be that the FAA is now relaxing its black-or-white view of pilot deviations and minor FAR infractions?  Such would be a welcome change for airmen who previously experienced the FAA’s relentless pursuit of maximum penalties for minor violations.  However, not to be completely foreclosed from pitbull-style prosecution, the FAA left itself an avenue of enforcement in the Order, noting that “reluctance or failure in adopting these methods to remediate deviations or instances of repeated deviations might result in enforcement”.  The true effect of the Order remains to be seen.

FAA enforcement actions are complex proceedings filled with traps for the unwary pilot.  Airmen facing any FAA investigation or enforcement action should immediately seek experienced legal counsel to protect their certificates and rights.

FAA Lowers Minimum Sanction for Inadvertent TFR Incursions

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nytfr-9-17-11bigIn a recent change to its Compliance and Enforcement Program, the FAA has lowered the minimum sanction for inadvertent TFR incursions from a 30-day suspension to remedial training.  Pilots who inadvertently enter temporary flight restricted airspace may avail themselves of the lower minimum sanction under the following circumstances:

1. Inadvertent, first-time violations resulting from aircraft intruding one mile or less into the security airspace and then turning and exiting directly when there are no resulting complications for air traffic control or other aircraft; or

2. Inadvertent, first time violations resulting from aircraft briefly (two minutes or less) squawking a 1200 code or failing to squawk an assigned discrete code, in security airspace that requires the aircraft to squawk a discrete code when there are no resulting complications for air traffic control or other aircraft.

All other situations will continue to incur progressive enforcement sanctions starting with a 30-day suspension of all pilot certificates.  FAA enforcement actions often involve complex issues, including an airman’s particular facts and the governing law and regulations.  When faced with any investigation or legal action, pilots should consult with experienced aviation counsel to determine their rights and obligations before speaking with authorities.