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FAA Investigation

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Drifter

Coming to a town near you
Joined
Mar 27, 2002
Posts
58
I have a "friend" who is being investigated by the FAA for doing some low level flying in a 172. What does it mean when they send your file to Kansas Aviation Council? Anybody had any legal problems like this before?
Thanks in advance.
 
Your friend should have received a letter of investigation (LOI) from the investigating inspector at the FSDO level. He will be given 10 days to respond, during which time he needs to keep quiet and contact an attorney. He needs to forgo an informal interview, if offered, unless he has proper counsel.

His case will be forwarded to the FAA legal counsel at the regional level for processing, and he will be assigned a penalty or enforcement action. He does not have the right to defend himself, as this is administrative law. He will be determined to be guilty based on the information available, including any statements made by him on his behalf (the most common source of evidence against pilots).

He has the right to appeal. To make best use of this right, he should contact an attorney who specializes in these matters, as early as possible in the proceedings.

Bear in mind that in these proceedings, a pilot is considered guilty until proven innocent. Also bear in mind that flying privileges are just that; not rights. The FAA may suspend, alter, or revoke them at any time, for cause.

What kind of low level flying was your friend doing?
 
He wasn't doing any low level flying. He was flying exactly at 500 feet above in ground IAW the FAR's. The reason they have the number of the aircraft is because it was the other pilot, or maybe the ground observer made a mistake. How can someone on the ground read an N number when it is moving at 2 to 3 miles a minute. In reality what kind of case does the FAA have-nothing-let them hang themselves. A good lawyer with a sense of humor will make them all look like fools.
 
I agree with turbos7 BUT......a 172 at 3 or even 2 miles a minute?! :eek: hahaha yeah, in a nose dive!:D

Unfortunately, I've read many cases where the FAA believes the non-pilot on the ground over the pilot resulting in a suspension.
 
My "friend" who is an instructor was practicing engine failures with a student and got a little too close to a soccer field where there were a bunch of moms who made formal complaints about "an airplane" getting too close to the field. Just as it happened... there was a dude from the FAA at the same soccer field which recognized the paint scheme on this airplane and found out who was flying it at the time (bad luck). By the time I found out about this the instructor in question had already admitted to being the pilot of the plane in question to the FAA. The student has already been questioned and cleared of the incident. But the instructor has had the case sent on to Kansas. The minute the instructor found out that there was an investigation, they got themselves a lawyer but its pretty expensive to talk to the lawyer and its hard to tell if the lawyer is doing anything about it. Is it time to worry now?
 
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Drifter,

Just how close did this instructor get towards the crowd on the ground, and did he not notice them beforehand?
 
Unless they have the n number of the plane and have hard evidence like a radar track they have no case. It is all hear say, the FAA guy is a jerk and will show himself to be so.
 
There I was...

"The engine started running rough. I started to look for a suitable landing place and ran through the checklist, pull carb heat, and low (pun) and behold, it got better." End of story. End of Statement.
 
Your getting the picture. Just for the record there are some really nice FAA guys out there also, just like pilots.
 
Drifter,

Your friend is screwed (er, cooked). Most often the evidence used to support a violation during appeal proceedings is based on the admission of the pilot.

He needs to steer clear of built-up or populated areas, period. Perhaps this will serve as a wake-up call for common sense.

Flychicaga, yes, I'm familiar with the process. Every pilot should be intimately familiar with the regulations and the enforcement process. Failure to do so is a serious shortcoming on the part of that individual, and it can cost him or her their career. In my own case, I'm familiar with the proceedures based on prior understanding, and several bouts of personal experience.
 

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