Facing a Federal Aviation Administration (FAA) enforcement action can have life-changing consequences for any pilot or aviation professional, often resulting in certificate suspension, revocation, or costly fines.
However, there is a way to challenge these decisions: you can appeal through the National Transportation Safety Board (NTSB). The Ison Law Firm Aviation Lawyers is here to guide you through the process and ensure your best case is brought forward. Contact us today at 855-322-1215 to get started with an initial consultation.
How The Ison Law Firm Aviation Lawyers Can Help With Your NTSB Appeal
Navigating the NTSB appeals process can be daunting, especially when your livelihood depends on the outcome. The Ison Law Firm Aviation Lawyers provides nationwide representation for aviation professionals facing FAA enforcement actions.
Here’s how our FAA and NTSB litigation lawyers can guide you, we will:
- Evaluate your case
- Build a strong defense
- Meet strict deadlines
- Represent you at all hearings
Our aviation lawyers have deep experience in aviation law and understand how the FAA and NTSB operate. By entrusting your case to us, you can focus on moving forward while we handle the intricacies of your defense. Contact us today to schedule a consultation with an NTSB appeals lawyer.
Grounds for an FAA Enforcement Action
The FAA may pursue enforcement actions against you for various alleged violations, such as:
- Operating an aircraft in a careless or reckless manner
- Failing to maintain the required medical certification or truthfully complete medical applications
- Allowing the aircraft’s condition to fall below airworthy standards or skipping essential maintenance
- Testing positive for or refusing to test for drugs or alcohol
- Violating flight regulations, such as minimum altitude or ignoring ATC instructions
If the FAA believes a regulation has been breached, it could propose a certificate suspension, revocation, or civil penalty. You have the right to appeal this order if you believe the accusations or punishment are unfair.
Filing an Appeal With the NTSB
When you decide to challenge an FAA enforcement order, you generally begin by submitting an appeal or petition to the NTSB.
Critical points include:
- Watch the deadline: You often have just 20 days from the final FAA decision to file your appeal. Missing this timeline usually forfeits your appeal rights.
- Notify the necessary parties: Provide copies of your appeal to both the FAA and the NTSB. Clearly identify the order you’re contesting.
- Request a hearing: By requesting a hearing before an NTSB administrative law judge (ALJ), you’ll get a formal setting to present evidence, call witnesses, and argue your side of the story.
Because of the technical nature of aviation rules, many individuals seek legal assistance right away. Even minor filing errors or overlooked deadlines can undermine a potentially strong defense.
The NTSB Hearing: What to Expect
Once your appeal is lodged, the NTSB assigns an ALJ to oversee your case.
During the hearing:
- Discovery comes first, allowing both sides to exchange evidence and witness lists. You might gather flight records, maintenance logs, or expert testimony that could counter the FAA’s allegations.
- Pre-hearing motions may follow. You or your attorney can try to exclude improperly obtained evidence or request certain rulings on narrow legal issues.
- The hearing itself is akin to a trial. The FAA lays out its evidence, and you respond with your own proof and arguments. The ALJ then issues a written decision that can uphold, reduce, or cancel the FAA’s enforcement order.
If you disagree with the ALJ’s decision, you can appeal further within the NTSB or, ultimately, to the U.S. Court of Appeals.
Possible Outcomes of an NTSB Appeal
After the NTSB or a federal court reviews your case, several outcomes may occur:
- Affirm the FAA action: The enforcement order stands, and you must serve the suspension or revocation, or pay any penalties.
- Modify the penalty: Suspension duration might be shortened, or fines reduced, reflecting a compromise.
- Reverse the FAA’s decision: You win, and the enforcement order is canceled. Your certificate remains intact with no penalty.
- Send it back for more proceedings: If there’s confusion in the evidence or procedure, the case can be remanded for additional review or hearings.
Even a modified outcome can significantly reduce downtime or costs, so it’s often worth pursuing an appeal if you believe the FAA’s punishment is excessive.
Contact an Aviation Attorney for an Initial Consultation
The NTSB appeals process offers aviation professionals a chance to push back against FAA enforcement orders, but it can be a legal maze. An experienced attorney can help you file appeals promptly, assemble key evidence, and represent you at every hearing or negotiation. If your certificate is on the line—or you anticipate an FAA action—don’t wait to seek guidance.
Reach out today for an initial consultation with an aviation lawyer who understands the complexities of NTSB appeals. The sooner you get advice, the stronger your defense and the better your odds of preserving the credentials you’ve worked so hard to earn.
