FAA "Loss of Separation" Letter. (?)

[cl-65link]

It's a shame you were not aware of the infraction until now. A NASA report, if one was filed, can help in the penalty phase, if there is one. However, from your previous posts, I assume that a report wasn't filed. Having gone through something similar myself in the past, all I can say is that the feds work Glacially slow on these types of things. Good luck to you.

 

[Smoking Man]

I have to go with the lawyer side of the argument, DO NOT SAY ANYTHING. This probably does not have a whole lot of relevance but, years ago in college I took some PAD courses (police something, we called them Pass Another Donut), regardless the first think that I tucked away in my memory is how much information that is gathered from you, how you say something, how you don’t say something, your body language, etc. Say nothing. Let the lawyer talk for you. Best of luck on the outcome.


Smoking Man

 

[fraitman]

Please, listen to JetDriven. It is well worth getting a lawyer. They will probably advise no response to the request for a letter. You are not obligated to respond, and in fact, lawyers often advise that you will only hurt your case, not help. The FAA uses it to fish for info, or have the pilot incriminate themselves. If they don't have anything, it will go away. If they do, they will send out a notice of proposed enforcement action, that is what starts the process. Prior to that, he will request your file and they have to give him all the info, you will then know exactly what evidence (or lack thereof) they have, you will know all the cards they hold. Then your lawyer will most likely want the informal conference with the Feds, I went though this. I didn't say a word, my $350/hour mouthpiece did all the talking. It was well worth the money, I'm sure glad I called him before I incriminated myself. I was thinking what's to lose by talking to them, I didn't do anything wrong. Don't think that way, get professonal help. It is a bummer shelling out that kind of money, it is a reality of this business. Don't lose sleep, these things are common and many times they evaporate into thin air. Play smart, good luck, and then you'll be giving this advice to some other pilot.

 

[KlingonLRDRVR]

If you are having a hard time finding your attorney and you get down to day nine, I recommend you contact the FSDO that is working your case and tell him that you plan on cooperating in the process but it will take a few more days to meet with your attorney. Ask what facts they have on you. If you do not the FSDO will assume non cooperation and charge ahead without you.

True story, Friend flying Checks doing the normal routine answered ATC 240 and keep climbing to 250. ATC not amused but did not push the issue. Turns out ATC "squealer tape" showed separation problem and ATC superviser in the morning called foul. PIC friend got your letter and did get an attorney who was to fax him copy of letter sent to FAA. Day 10 in afternoon, no fax from attorney and no answer to his numerous calls all day, he calls the FSDO to tell them his prediciment. The FSDO guy thanks him for calling and tells him the facts he has on him and tells him that he intends to put the dissappearing two year, bad frieght dog, bad, letter in his file. With his facts he was toast. His screw up. He keep a good attitude and said it looks as if I screwed up, in todays competative enviorment a violation would really harm me. FSDO knew this and with his clean previous record let him get by with a letter.

The above is not to say don,t get an attorney. I side on getting one. Just an odd example how a little honesty and humillity went a long way.

KlingonLRDRVR

 

[ATCER]

FWIW I would get a lawyer... a separation error gets kicked upstairs to QA (Quality Assurance). The situation is reviewed and a decision is made... controller error or pilot error. If you got a letter there is a good chance that they are looking at pilot deviation as the cause of the error.

When we go upstairs to QA we ALWAYS go with our union rep in tow for protection.

I don't want to alarm you... it could be minor but I would get the protection of a good lawyer to cover your a** ...

Good Luck