Groucho
Well-known member
- Joined
- Nov 28, 2001
- Posts
- 199
FAR violations and jail time
This situaition led me to a book from a college aviation law course, Practical Aviation Law, J. Scott Hamiliton.
"Most FAR violations are not crimes and the courts have held that the FAA does not have to advise you or your legal rights before taking statements." Chapter 2 pg. 29. Later on however on page 51, there is a section on falsification. "It is both an FAR violation and a federal felony (major crime) to make a false statement on any federal form or in your pilot logbooks or other documents you maintain or present to the FAA to show FAR compliance, qualification for a certificate or rating, or prove your currency."
The airframe/powerplant logbooks are definetly a federal form when the IA makes an annual inspection entry and knowingly falsifies the entry
"For the FAR violation the FAA will rvoke every certificate and rating you hold." "For the federal felony the U.S. attorney will file criminal charges against you punishable by up to five years in a dederal prision and or a $250,000 fine."
"Nothing infurates the FAA more than being lied to. This is because the system is largely an honor system of self reporting. For this reason, the FAA and the Justice department (of which the U.S. Attorneys office is a part) prosecutes falsification cases with a special vengeance"
This situaition led me to a book from a college aviation law course, Practical Aviation Law, J. Scott Hamiliton.
"Most FAR violations are not crimes and the courts have held that the FAA does not have to advise you or your legal rights before taking statements." Chapter 2 pg. 29. Later on however on page 51, there is a section on falsification. "It is both an FAR violation and a federal felony (major crime) to make a false statement on any federal form or in your pilot logbooks or other documents you maintain or present to the FAA to show FAR compliance, qualification for a certificate or rating, or prove your currency."
The airframe/powerplant logbooks are definetly a federal form when the IA makes an annual inspection entry and knowingly falsifies the entry
"For the FAR violation the FAA will rvoke every certificate and rating you hold." "For the federal felony the U.S. attorney will file criminal charges against you punishable by up to five years in a dederal prision and or a $250,000 fine."
"Nothing infurates the FAA more than being lied to. This is because the system is largely an honor system of self reporting. For this reason, the FAA and the Justice department (of which the U.S. Attorneys office is a part) prosecutes falsification cases with a special vengeance"