TIS
Wing, Nosewheel, Whatever
- Joined
- Dec 19, 2001
- Posts
- 366
Let me say this about that
The FAA most often does NOT pursue action against the F.O. They just aren't interested in the other guy and the legal sturcture isn't set up that way. They WANT the PIC!
I have been told by some pretty good authorities on matters like these that the F.O. gets the old endoscope treatment when his actions are at least suspected to be the root cause of the issue being investigated.
In circumstances where the PIC properly and reasonably relies on the F.O. for information or timely response to a commanded action and does not receive what's asked for, the FAA will take this into account.
The problem is that in order for the FAA to find out Who they should actually be looking at they have to investigate the PIC in order to learn the details. In busier jurisdictions it could take a few months for them just to get to the PIC with an LOI. If they fail to initiate an investigation of the F.O. within six months of the date of the occurence, the statute of limitations expires and they CAN'T file a case against him.
What all this means is that if you're the PIC you're on the hot seat right from the start of any investigation. You will have to defend yourself regardless of whether the FAA actually finds that your F.O. was the offender and not you because YOU will have to say, "But it wasn't my fault!" You'd be crazy not to have a lawyer saying stuff like that for you if yor certificate and livelihood are on the line!
TIS
The FAA most often does NOT pursue action against the F.O. They just aren't interested in the other guy and the legal sturcture isn't set up that way. They WANT the PIC!
I have been told by some pretty good authorities on matters like these that the F.O. gets the old endoscope treatment when his actions are at least suspected to be the root cause of the issue being investigated.
In circumstances where the PIC properly and reasonably relies on the F.O. for information or timely response to a commanded action and does not receive what's asked for, the FAA will take this into account.
The problem is that in order for the FAA to find out Who they should actually be looking at they have to investigate the PIC in order to learn the details. In busier jurisdictions it could take a few months for them just to get to the PIC with an LOI. If they fail to initiate an investigation of the F.O. within six months of the date of the occurence, the statute of limitations expires and they CAN'T file a case against him.
What all this means is that if you're the PIC you're on the hot seat right from the start of any investigation. You will have to defend yourself regardless of whether the FAA actually finds that your F.O. was the offender and not you because YOU will have to say, "But it wasn't my fault!" You'd be crazy not to have a lawyer saying stuff like that for you if yor certificate and livelihood are on the line!
TIS
