FAA Letter of Warning

[redneck captain]

Well, just recieved my LOW from an incident that happened to months ago with an Auto briefer not playing for takeoff in a BE1900. Had a new FAA cabin inspector in the back trying to make a name for herself. What rubs me wrong about this is
1. The first officer gave a full verbal brief to the pax before we even turned an engine. (standard procedure)
2. She argued that we did not demonstrate o2 masks (impossible on 1900)
3. Had another captain in back as eye witness that procedures were followed appropriately even though auto briefer was not audible.
4. The POI of our company never once tried to contact me and get my side of the story
5. Got the letter of warning 2 days after letter of investigation.
6. LOW alleges FAR 121 reckless and careless operation of aircraft (BS)

So am I stuck in 1900 H#ll for the rest of my career due to this? Also how can I fight this. The union lawyer says we can respond, but there is no appeal process once the letter is in my file.

 

[Occam's Razor]

1. Follow up. Ensure that your union lawyer is taking every step possible to get it cleared up.

2. Don't lose sleep over it. We've hired plenty of folks with FAA "mail" in their files. It will come down to your explanation of the incident, and what you learned from it, when you interview.

 

[Lear70]

I don't believe your union lawyer is 100% correct.

ANY enforcement action can be appealed to the NTSB court system. This includes LOW's as they are considered administrative enforcement actions.

Lastly, don't freak out. Those letters drop after either 3 or 4 years, can't remember which, and they aren't on ANY part of your file. They don't show up on your PRIA request, the long or short form after they drop off.

 

[iflyhigh]

Lear70:

If you don't or can't fight the letter of warning, this paper disappears off your file in 2 years. Call the FAA at the point and make sure they pulled it from your file.

Me along with others have been hired by the majors with a letter of warning. Yes its a pain, one more thing you have to explain. Keep all documentation and it will make things easier.

Unforunately, one more time the FAA is not here to help you...and never is.

iflyhigh

 

[Occam's Razor]

You will be asked if you've ever gotten one.

The correct response is, "Yes"...followed by a brief synopsis that doesn't make you sound like you're bitter, an idiot, or a victim.

For two years the line dog doing the interviewing at NWA was a pilot who had a violation on his record. He knew exactly the kind of logic the FAA uses at times. Your case sounds like a good faith effort that wasn't to-the-T perfect.

Not a big deal.

 

[Hair-on-Fire]

It sounds like the inspector should be charged with Careless and Reckless. If she was in the cabin and thought the briefing wasn't delivered correctly, then she had a responsibility to speak up and make sure it was done before the flight departed. I can understand her trying to stick some procedural violation on you, but using Careless and Reckless implicates her, as she ALLOWED it to happen.

Anyway, sounds like you're getting screwed. Good luck.

 

[slaquer5]

I do not think its a big deal, just have a well written explantion and make it a learning experience. It could just go away ,its only a L.O.W.

 

[regionaltard]

No, you won't retire in the 1900.

These mutts pull this sort of BS because they know that the cost of fighting it won't pencil out for most folks in light of the fact that a L.O.W. will eventually just go away. I'm guessing that there's a quota involved somewhere as well. You'll feel better about this when you remember that they're here to help.

 

[GogglesPisano]

Was it her? http://www.cnn.com/CNN/anchors_reporters/images/grace.nancy.jpg

 

[NuGuy]

Heyas,

I'd fight this. Your case sounds pretty strong PLUS I believe that the inspector's handbook explicitly says that they cannot allow an operation to continue with a violation occuring.

For instance, you do a walk around, and miss an access door. FAA Inspector sees it, and doesn't tell you, and then dings on the other end for "careless and reckless". No way...they must inform you of ANY discrepancy that comes to their attention prior to the operation taking place.

Also BS on the timeline and "no appeal" baloney. If your union lawyer is not doing his job, call AOPA (if you are a member) and get a referral.

Nu

 

[248to2.8]

I'm not sure if you have ever been lucky enough to have a non operable auto briefer, but I have several times, and the FO has to read the briefer script to the pax each leg. I have done it several times and the O2 masks are never demonstrated, neither are they when the briefer is played. I agree with the others. You need to fight this and make sure the lawyers do everything they can. However knowing how our union lawyers "work" for us first hand, do as much researching as you can. Good Luck

 

[Say Again Over]

It was wrong but how much time and money will be wasted trying to fix it, no one in their right mind will deny you a job based on this crap.

 

[propjob27]

FAA Letters of Warning are completely removed from your record after 2 years, providing nothing "else" (another LOW, incident, accident, violation, etc) happens during those two years.

Like another guy said, you will be asked on applications (and occasionally in interviews) if you have ever had any incident, accident, been the subject of an FAA investigation, etc.

You can approach that question one of two ways:

Way one, be honest, say yes, and explain it.

Way two, realizing that LOW has been removed from your file (providing you meet the 2 year criteria), and there is NO way for an airline considering you as a potential employee to ever realize you had it in the first place, say No.

I know pilots who have chosen BOTH of the above options, and been hired at good airlines.

Good luck, this thing shouln't wreck your career.

 

[Cardinal]

I can offer no legal advice, but plenty of sympathy. Heck, I had our POI onboard and was flying with an FO 3 days into his airline career, I should have been paying more attention. The Briefer didn't get played, he mentioned it during the debrief, I about fainted, we all learned something and moved on. Note one ounce of paperwork was generated.

 

[runwayjockey]

Did you ask her how exactly the auto briefer demonstrates the Oxygen mask? If the autobriefer was defered per MEL and you read word for word from the auto briefer script provided from Beechcraft, I don't see how she would have a case against you!?

Good luck!

 

[NuGuy]

Don't take any advice from people on this board. Seek competent legal counsel, outside the union if need be.


Nu

 

[SKC]

Welcome aboard. The Beechcraft 1900 airliner has many features for your comfort and safety......

 

[turbinej]

Don't worry about letter of warning I had one and was expunged from my records after two years. I even said that I had one with one of my job with a legacy airline and still got hired. So all the BS you'll never get hired somewhere else is BS. Don't stress over it.

 

[redneck captain]

Thanks for all the replies,

No, that wasn't her, goggles, but she had that same I hate pilots look. I realize that I will have to spin this into a positive thing in an interview and I will have all documentation with me to present as well. It just lowers my opinion of the FAA another notch. The same POI issued my letter for Check Airman as well. The fact that he did not even call me to get my side of the story is an act of cowardice in my opinion. But what the he** do I know, I'm just a dumbass pilot. It just sucks after having a perfect record to have this blemish.