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05

Oct,2015

PRIA: FAA Enforcement Actions And Your Aviation Career

Did you ever fall off your bike as a child and scrape your knee? If so, what did your mom do when she saw your “boo boo?” Did she pull out the Morton salt and pour it on the raw flesh? If she did, we’re sorry to hear that…but, if your mom is anything like ours, she probably just put a Band-Aid on it and sent you on your way. As an aviator, you might know by now that the FAA can sometimes be the mom that pours salt on that fresh, flesh wound. In that, when it comes to the Pilot Records Improvement Act (PRIA) the FAA is pouring salt in our wounds all the time. The following will walk you through how PRIA works and make some suggestions as to how to avoid the FAA’s wrath.

 

PRIA requires that all air carriers operating under 14 CFR parts 121, 125, and 135, request, receive, and evaluate certain information concerning a pilot/applicant’s training, experience, qualification, and safety background, before allowing that individual to begin service as a pilot with their company. Of course, this is a good idea…we don’t need Bozo the Clown being hired to fly a 737 for Southwest just because his resume says he has 20,000 hours. Essentially, PRIA provides potential employers with confirmation from the FAA and one’s previous employers that an applicant’s qualifications are credible and accurate.

 

An airmen’s PRIA records will include files from the FAA, previous employers, and the National Driving Registry. The FAA’s file will include records containing information on your airmen certificates, current medical certificates, and type ratings. However, the frustrating part about PRIA is that the FAA’s file on you can contain career-crushing data. In that, the FAA records required to be reviewed by the hiring airline include your Enforcement Information Subsystem (EIS):

Enforcement Information Subsystem (EIS)

  • Computerized database of enforcement actions
  • Information may be accessed without pilot’s permission
  • Maintained by Flight Standards’ Information Management Section (AFS-624) in Oklahoma City

So, what’s the big deal? Well, everything is hunky-dory until the FAA decides to bring an enforcement action against you or you have an accident. Prior to 2010, records of action brought against your certificate would be expunged after 5 years. However, The Airline Safety and Federal Aviation Administration Extension Act of 2010, signed August 1, 2010, changes how PRIA works. Now, the new law requires the FAA to retain certain legal enforcement records until the agency is notified that a pilot has died. The FAA won’t be happy until we are all dead. As a result, if you are hit with a certificate suspension, your potential employers will know about it…which probably won’t make your application go straight to the top.

 

So what can you do in an effort to keep your PRIA record looking pristine? The obvious first step is to avoid doing anything that would warrant the FAA bringing an enforcement action against your certificate. Unfortunately, that’s easier said than done. The FAA can essentially investigate whatever they feel like investigating. Luckily, the FAA will still expunge letters warning notices and letters of correction after 2 years. Furthermore, open cases are not reported by PRIA. Once fully adjudicated and closed, both suspensions, other formal enforcement events, and revocations will become permanent entries on an airman’s EIS record, and are required to be reported by PRIA. These EIS records will remain on the PRIA report, even in cases where the airman has re-qualified, and has been issued another current and valid airman certificate.

 

Beyond that, PRIA will retain records of civil penalties. A civil penalty is basically a monetary fine issued either to an individual airman or to an air carrier. When it comes to civil penalties, air carriers are held to a higher standard. An air carrier can be subject to a penalty of up to $11,000 for a single violation. Other certificate holders such as repair stations, pilots or mechanics, can receive a penalty of up to $1,100 for each violation. Civil penalties have also become a permanent entry on an airman’s EIS record and subsequently on their PRIA report.

 

Should the FAA bring legal action against you (either in the form of a certificate action or civil penalty), the ideal modus operandi would be to adjudicate the action to its fullest. This way you can attempt to have your name cleared and your PRIA record remaining faultless. In the event of winning your enforcement action case, the “legal action” notice on your PRIA record will be expunged between 30 and 90 days. The relationship between of PRIA and enforcement actions is frustrating for airmen…such that it feels like the FAA is continuously pouring salt in the proverbial “wound.”

 

If you are the subject of an enforcement action and want to speak with an aviation attorney, call your friends at The Ison Law Group. Let us vector you through your legal turbulence… call us today with your questions at 1-855-LAW-1215.

24

Aug,2015

FAA Ramp Checks: A Survival Guide

You’ve landed, taxied to the ramp, and are tying your Cessna 172 down for the night. But who is that guy walking across the ramp toward your plane…oh no, it’s the FAA! When you see the badge clipped to his shirt that says “FAA” in big letters, you’ll probably want to climb into the baggage compartment and hide, but don’t. If you understand the “Ramp Check” process and are properly prepared for an unexpected chat with the inspector, the chances are you will survive.

 

Remember back to when your flight instructor briefly mentioned “Ramp Checks.” It is likely he or she did not spend too much time going over the process of a “Ramp Check” because they seem fairly rare. If you are a flight instructor, it may be a smart idea to have a mock “Ramp Check” with your students before sending them off to solo. Nonetheless, what is a “Ramp Check?” Essentially, these checks are conducted to ensure that a licensed pilot or student pilot are conducting flight operations safely and within the parameters prescribed by the Federal Aviation Regulations. While most checks end with the inspector shaking your hand and saying “everything looks good,” it is possible for the check to result in an enforcement action. If the FAA initiates an enforcement action as a result of a ramp check, it is possible that your pilot’s license could be suspended or revoked, and/or you could face a civil fine. The stakes are high.

 

When will a “Ramp Check” occur? A ramp check is not scheduled and is unpredictable. A check will commonly occur when an inspector observes an unsafe operation in the traffic pattern or on the ramp, is notified by ATC of an unsafe operation, or just feels like checking out your operation to make sure you are in compliance with the rules. If you are approached by someone claiming to be an FAA inspector, make sure you ask for identification before proceeding with the check, as the inspector is required to present identification prior to initiating a check. If the inspector does not present identification, make note, as that may become part of your defense if the check proceeds to an enforcement action. Furthermore, the inspector may not detain you if it means you will miss a flight or an appointment; he or she may only detain you long enough to check your records.

 

Once the “Ramp Check” is initiated, however, what can you do to ensure you keep your nose clean with the FAA? Most checks will include an inspection of the pilot’s airman and medical certificates, the aircraft paperwork, and an exterior inspection of an aircraft. Your pilot certificate will be inspected to make sure that you are licensed for the operations that you a conducting. For instance, if the inspector witnesses you landing in IFR conditions, he or she will look at your certificate to make sure that you are an instrument rated pilot. Furthermore, your medical certificate will be checked to make sure you are conducting operations within your class medical. Again, the inspector is making sure that for instance you aren’t conducting commercial operations with a third class medical. And if you are a student, your logbook will be checked for records of currency, solo endorsement, etc.

 

As to your aircraft, the inspector will want to make sure you have certain documentation/equipment onboard. Do you remember ARROW from your training – now is the time to use it! The inspector will want to see that you have with you your aircraft’s airworthiness certificate, aircraft registration, weight and balance information, and operating handbook. Beyond that, the inspector is authorized to inspect: the aircraft’s minimum equipment list (if applicable), Aeronautical charts (if applicable), the general airworthiness of the aircraft, the ELT battery, the seats/safety belts. Furthermore, the inspector can conduct a VOR check. It is important to remember, however, that the inspector is not authorized to board your aircraft without the knowledge of the entire crew; however, the inspector may inspect the exterior and look through the windows. Again, if the inspector boards your aircraft without the knowledge of the crew, note that, as it may become part of your defense if the check leads to an enforcement action.

 

Always remember to prepare for an unexpected FAA “Ramp Check,” as preparation is your only chance to survive one of these checks. Furthermore, if the check is in response to a possible violation, anything you say can be used against you. If you have questions about “Ramp Checks” or are the subject of a check, contact your team at The Ison Law Firm. We are standing-by 24/7 to vector you through legal turbulence…call us at 863-712-9472 or e-mail to Anthony@ThePilotLawyer.com.

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