AIRMAN ENFORCEMENT & CERTIFICATE ACTIONS

Litigation before the National Transportation Safety Board and appeals to the United States Circuit Courts of Appeal of revocation and suspension actions taken against airmen by the Federal Aviation Administration.

Including:

Pilot deviations
DUI – Drugs or Alcohol
Refusal of a random drug test*
Failure of a random drug test
Incursions into restricted Airspace
Temporary Flight Restrictions Penetration
Expired Aircraft Registration
Airworthiness
False Response to Question 18v/18w on the Medical Application Form
Aircraft Confiscated by DEA, U.S. Customs and Border Patrol
Altitude Deviation
Weight & Balance Issues
Fuel Exhaustion
Corporations/Personnel Aircraft
PIC Authority
Deviation from ATC Clearance
Careless or reckless operation of aircraft
Notice of Civil Penalty
Emergency Airman Certificate Revocations
Airport Owners and Federal Funds
Grant Assurances
Allegations of falsified records or applications for airman certificates
Allegations of falsified aircraft maintenance records
Allegations of low flying over congested areas
Allegations of flying un-airworthy aircraft
Allegations of flying in instrument meteorological conditions without an IFR flight plan
Aircraft crashes following fuel exhaustion/starvation
Declarations of emergencies created by improper/deficient pre-flight planning
FAA requests for a re-examination of the airman’s qualifications
Allegations of counterfeit aircraft parts
Other situations that may result in the FAA issuing an order suspending/revoking an airman’s certificate

PLEASE NOTE: This is by no means a complete listing. Remember, Alan handles all things aviation.

* We could write volumes about “refusal of a random drug test.” The biggest thing to remember is DO NOT LEAVE THE FACILITY UNTIL THE DRUG TEST IS COMPLETED AND YOU ARE TOLD YOU CAN LEAVE. Please see the articles on this website on the subject of drug testing.

Read Alan’s articles on Airman Enforcement and Certificate Actions:

FAA Announces New Enforcement Policy for Expired Airmen Medical Certificates

by Alan Armstrong | April 2, 2020 | FAA, Legal, Pilot's Bill of Rights | 0 Comments

In an extraordinary act, the FAA has promulgated an enforcement policy notice declaring that it will not take enforcement action against airmen whose medical certificates expire from March 31, 2020 through June 30, 2020. This policy will remain in force and effect...

If a Pilot Refuses or Fails a DoT Drug Test, is it in His Best Interest to Pretend to have a Drug Problem?

by Alan Armstrong | November 21, 2019 | Civil Liberties, Drug Testing, Healthcare, Law, Legal, Pilot's Bill of Rights, Politics | 0 Comments

DOT drug testing is an unmitigated disaster. The failures and abuses of DOT drug testing are being imposed on airmen who, if they cannot provide a sufficient quantity of urine, must confess to having a drug problem, even if they do not, if they want to fly. Even...

An Airman’s Manifesto and Petition

by Alan Armstrong | February 16, 2018 | Due Process, Enforcement Cases, FAA, NTSB, PBR, Pilot's Bill of Rights, Revocation | 0 Comments

As certificated airmen, we hold these facts and conclusions that follow to be self-evident:

An airman’s certificate is a property or liberty interest that cannot be suspended or revoked without affording the airman due process of law including notice and an opportunity for a hearing. See, e.g., White v. Franklin, 637 F.Supp. 601, 610-611 (N.D. Miss. 1986) (“In the present case, plaintiff’s license qualifies as a protectable property interest. ***In the present case, the defendants’ actions totally foreclosed the plaintiff’s opportunity to pursue his career as a flight examiner…As such, the plaintiff possessed a liberty interest requiring a Fifth Amendment due process hearing prior to deprivation.”), Tamura v. Federal Aviation

Staring into the Jaws of Defeat: Litigation Before The National Transportation Safety Board

by Alan Armstrong | February 16, 2018 | Due Process, Enforcement Cases, NTSB, PBR, Pilot's Bill of Rights, Revocation | 0 Comments

You will hear these conversations in hushed tones outside courtrooms or over lunch during a break, “Why did the judge make that ruling?” “How can the FAA call expert witnesses that were undisclosed?” It is no secret among legal practitioners who appear before the...

An Airman’s Survival Guide to FAA Drug Testing

by Alan Armstrong | November 10, 2017 | Legal, Pilot's Bill of Rights | 0 Comments

Drug testing is the bane of pilots and mechanics. According to 14 C.F.R. §120.107, “Each employer shall test each employee who performs a safety-sensitive function for evidence of Marijuana, Cocaine, Opiates, Phencyclidine (PCP), and Amphetamines during each test...

PBR’s and Airmen’s Right to Silence

by Alan Armstrong | November 7, 2015 | FAA, Legal, NTSB, Pilot's Bill of Rights, Right to Remain Silent | 0 Comments

The author’s purpose in writing this article is to refine and expand our thoughts about the meaning of Section 2(b) of the Pilot’s Bill of Rights, Pub. L. 112-153, August 3, 2012, 126 Stat. 1159 (hereinafter the “PBR”).

PBR’s and Enforcement of Investigative Report

by Alan Armstrong | September 10, 2012 | FAA, Legal, NTSB, PBR | 0 Comments

On August 3, 2012, the President signed into law the Pilots’ Bill of Rights as Public Law 112-153 (the “PBR” or “Act”). Now that the PBR has become law, it is appropriate to look forward and speculate about the extent to which the Act will have any impact on precedent decided by the National Transportation Safety Board (NTSB) allowing the FAA to withhold certain portions of the Enforcement Investigative Report (“EIR”).

Government Implementation of Pilots’ Bill of Rights

by Alan Armstrong | August 13, 2012 | FAA, Legal, NTSB, PBR | 0 Comments

The Pilots’ Bill of Rights, Public Law 112-153 (the “PBR” or “Act”) was signed by the President on August 3, 2012. Within days, the government began taking steps to implement the provisions of the Act.

^{NOTE: This section does not cover everything there is to know about Airman Enforcement and Certificate Actions.}