NAFA member, Aero Law Group, discusses things you should consider if you are contacted by the FAA that you may be under investigation.
If you spend enough time in the aviation industry in nearly any capacity, from being a pilot, mechanic, or flight attendant, to running an airline, management company, flight department or airport, contact with the FAA is nearly inevitable. Most of these interactions are routine, however, on occasion, members of the industry may find themselves, their employees, or their company under investigation by the FAA.
While most FAA investigations are closed with informal action, should the FAA inspector determine that an issue of non-compliance cannot be addressed with informal action, the inspector can issue a warning letter or refer the violation to the FAA’s legal division for further action. The FAA legal team can either request suspension or revocation of an airman’s, airline’s, or other aviation organization’s certificates, or levy a civil penalty.
When dealing with FAA personnel, the most important thing to remember is to be polite and truthful. FAA inspectors are experienced industry professionals just like the rest of us, and they have a job to do. However, it is still important to remember that much like speaking with police officers, statements you make to the FAA can subsequently be used against you. Except under limited circumstances, FAA personnel are required to issue airmen under investigation a “Pilot’s Bill of Rights” notification. This written notification informs airmen of the rights they have with respect to speaking with FAA investigative personnel, including the right to not speak with the inspector. When an individual or entity is under investigation, they will be typically be issued a Letter of Investigation (“LOI”) from the FAA, although sometimes inspectors will begin an investigation by informally gathering information prior to issuing a LOI.
This article was originally published by Aero Law Group on September 17, 2024.
