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FAA Ramp Checks!

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Ilinpilot,

The FAA does not require a pilot to carry proof of currency. Pilot certificate and medical certificate. Otherwise, the only proof of currency required is evidence of a VOR check in the previous 30 days for the aircraft...nothing for the pilot.

Rest assured that if something warrants invesgiation or enforcement action to the point of needing information about your currency, you will be requested to produce your logbooks. It's well to remember that logbooks are legal documents, and the information used in them may certainly be used against you. It's also well to remember that in many cases of FAA enforcement action, the FAA's only real evidence is that provided by the pilot. Sometimes it's an admission over the radio, something said on-site, or a letter in response to the 10 day notice in a letter of investigation (LoI).

A1Fly,

The best thing you can do in a ramp check is to maintain an attitude of "compliance" while doing nothing to compromise yourself. Without question, the best time to prepare for a ramp check is long before it occurs; never place yourself in a position to draw attention, or to be violated if you are ramped. Always operate such that if you are ramped at any given time, you're clean and clear.

I highly recommend the legal plan offered by AOPA. It's got some weakness and drawbacks, but even if you use it once for a consultation, then it's paid for itself. It only costs a few dollars (about fifty bucks a year for ATP, I believe, and less for commercial or private), and it's a cheap back up.

Carry NASA ASRS forms with you (I have a stack by my computer, right here), and use them as you need them. Understand the rules about using them, and use caution and prudence.

Never respond to a notice or call without consulting an attorney. Be careful what you say on the radio, to ATC, or to others around the airport. Anything you say or write can and certainly will be used against you, and you don't have the same rights as you might enjoy in the civil or criminal process. In administrative law, you're assumed guilty until proven innocent, and it's best to place yourself in a position to never be assumed guilty in the first place. You don't have a right to avoid prosecution; only to appeal it. You're automatically deemed guilty; your only place in the entire process is to appeal it. Therefore, avoid it completely.

Be polite, speak to the inspector, answer questions, but admit to nothing. Don't believe the old wive's tale that when the inspector asks to see your certificate, you can't hand it to him. Some people will tell you that this constitutes surrendering your certificate, and that entices people to refuse to hand their certificate to the inspector. This is entirely wrong, and only serves to upset the inspector. Don't do that. You haven't surrendered your certificate unless you formally do so in writing, so don't worry. The FAR is clear on this.

It's acceptable to request to view the inspector's Form 110A, which is the official identification credential the inspector is required to show you (upon request). It sets a tone by letting the inspector know you understand the process. When the inspector asks to see your pilot certificate, ask to see his/her 110A. Doing so is proper.

The inspector may NOT enter your aircraft without permission. You do NOT have to give permission. If your aircraft is tied down and you are away from it, or it is simply closed up, the inspector may not open it or do anything more than look inside through the windows. Only things in plain view may be fair game. The inspector in my last story violated this principle numerous times, in numerous ways. Can't do it.

Be careful about seemingly innocent questions. Inspectors may talk about the weather, and how far it is to a certain destination. They may be piecing togther information to trap you; it's part of their job, and you need to understand that, going in. They are NOT there to help you; they are there to violate you. That is their function; it's what they're paid to do. It's their purpose for being there. Be very aware of that. No matter what is said, always bear that in mind, and act and speak accordingly. Don't offer anything; let them ask. It's their job, don't do it for them.

Remember that the inspector is not a law enforcement officer, but is also not restricted by many of the things that prevent a law enforcement officer from more fully doing his job. The inspector is also a lot more subtle, and may not even be identifiable initially. (Look for mismatched socks). There are some good articles out there on the subject, some of which are on the web. Avweb used to have several good pieces on the subject on ramp checks. I don't have the references here, but they're easy to find. Good luck!!
 
Shawn,

The FAA can visit private fields, but should provide 24 hours notice before arriving. That doesn't always happen, and if they learn something when not acting in an official capacity (such as simply visited off-ours as a spectator or visitor), it can still be used against you. No such thing as improperly obtained evidence, so there is a very big loophole in favor of the FAA. They should give notice, but can easily get away without it.
 
Avbug,

Thanks. If you can get the legal notice for me that would be great.

I do pretty much the same as you. I make sure that none of the revisions affect my flights. Then I try to do as much of them as I can. I feel the pain about getting swamped with them. Everytime I turned around, at least 3 more would be in my file.

Also, did your letter specifically state it was a warning or administrative action?
 
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A warning letter is an administrative action taken when the situation or evidence doesn't warrant an enforcement sanction. It's the next step down from a suspension, so to speak.
 
Fed firewalls

Along with the materials I suggested above, consider joining the AOPA. The AOPA legal plan is alright, of course, and as a member advice on fed actions and other aviation legal issues is just a phone call away.
 
Here is some food for thought on your ramp checks..
You are required to "SHOW" your license and medical to the inspector upon request. You are NOT required to hand those items to that person. I say this because if you get an irate inspector who has not gotten any lately or for some reason takes an instant dislike to you, they are subject to tear them up. Yes tear them up. This has happened to a pilot I know. You cannot fly without a valid license or medical in your possession. Now they are in the drivers seat because now you have to obtain new ones and in the mean time to get them you must prove your innocense of any violations. Whereas, you holding on to them they must take some sort of administative action to get them. While they fight, you are still flying. For the most part these people are above board and are cordial, but take no chances.
It is your livelyhood on the line. As long as we pay taxes they continue to draw a check. With us, no ticket, no check...
I have been ramp checked and have refused to "hand over" my license. I did however hold it firmly in my hand for their view. Not that they liked it, but they still got what they needed to see.. Nothing was ever said.... Above all be above them. That is be courteous at all times...
 
This is a very common misconception, which I addressed in a previous post. I'll address it again. The FAA cannot take away your certificate without administrative action. In the event an inspector made the mistake of physically damaging or tearing up your certificate, your privileges are still in force, and so long as you have the torn certificate in your possesion, you meet the requirements of 14 CFR 61.3(a). The same applies to a medical certificate.

An inspector who behaves in the manner you indicated is subject to enforcement action, as this does not constitute acceptable behavior, and is contrary to the Federal Aviation Regulations. The Administrator may revoke a certifictate or suspend operating privileges, but this takes time; even in the case of an emergency suspension or revocation. It is NOT immediate.

An inspector may not take a certificate. Handing the certificate to an inspector is NOT surrendering it. (Surrendering the certificate must be done in writing, in accordance with 61.27(b).

It's worth remembering that the pilot certificates we hold are not ours; they are paper representations of privileges accorded us by the administrator, and the paper those certificates are printed on belongs to the government, not us. That's going to grate on someone's nerves, and folks will cringe at the thought of the "feds" impinging on our rights, but that's the law, and that's the system under which we operate.

Refusing to hand over a certificate physically may only cause bad feelings between a pilot and the inspector, and will definately show a lack of "compliance." On that ground alone, an inspector may choose enforcement action over a warning or comment and a handshake. I've seen it happen. The casebooks are filled with accounts that should have remained simple exchanges, but turned into a pissing contest because the airman failed to show a compliant attitude. It can, and often does, make all the difference in the world.
 
Check out some of the aviation law books and references mentioned. My favorite is "Violation". Scarry bedtime stories for pilots. Some good to know info too:

Believe it or not, you do not have to let a fed on a part 91 aircraft (read it in books). Of course, might stir up a behive denying access. Flying jumpers many moons ago, my approach was "cooperative", "compliance minded", "what can I do for you, here is the airworthiness, lic. medical....." before fed asked to come on board (otter's, king airs etc...).. But when the question "can I take a look" came up, I respectfully said company policy dictated I must get the ok of the boss, and I'd be glad to walk over to the office and introduce... 9 out of 10, the fed passed on it. Either way, leaves enough time for somebody to radio/cellphone somebody to go count seatbelts, install spares, burn the aircraft to ground, while the fed is meeting the boss.....

Only other nickel theory I've come up with is keep a clean, organized cockpit (121/135 ops). No regulatory requirement, but it sets the tone with the inspector(s). Be able to find what they need, when they need it. What would you think of a pig sty, or a crew that takes 15 minutes to find the MEL etc..? Not to say clean means compliance, but it is a physcological thing....
 
Live near and fly out of an airport very close to Washington DC. It's almost that time of the year (the first really nice spring day) when the pencil pushers downtown will make their annual trek out to the nearby airports. They get a beautiful day frolicing in the sunshine but to justify it they've really got to go out and violate some people.

The first time I met these wonderful guys, I had the distinct reputation of being the first pilot at our field to completely curse out and dress down an FAA inspector before he even identified himself. The yo-yo refused to back away from a running prop and he had entered into what I considered my safety margin. After many hand signals trying to get him to back off, I finally shut down the airplane, jumped out and cursed him out a blue streak for being so stupid pointing out my safety concerns for his less than worthy life. The guy was almost trembling as he pulled out his badge and identified himself. He asked to see my license and medical and after jotting a few notes, he thanked me and practically ran to his car. I wrote down his name, badge number and asked which office he came from (Headquarters, of course). Everyone at the FBO came out cheering and clapping for my performance. One guy who had been reamed earlier in the day regretted that I had not shown up sooner because the inspector had been a royal pain in the a$$.

The second time (also a beautiful spring day), I had to make a pretty quick trip up north and was running late. I arrived at the airport and noticed two guys in business suits around a neighbors plane. Quite unusual. These guys were poking around, looking in the windows, looking at the tires and gear and airfoils. Then they started hanging tags on the plane and placed a sticky note under the pilot's door handle. They moved on to the next plane. I got out of my car, walked to my friends plane and saw that he had been inspected and now had to write a letter to the FAA explaining why his data plate was painted over. (Are you kidding me!) The guy's plane had been painted four years ago!

So I ran past the suits, pulled my chocks and tie downs, made sure I had my seat belt on, fired the plane up and taxiied it all the way over to the farthest point on the field I could get it from their inspection activity. I walked back to my car, got my gear, did a normal pre-flight and had a great day.

Although the FAA has never really done anything to me, if they are out doing ramp checks, they are on a witch hunt. They need to find things wrong to justify the fact that they are out there (kind of like police quota's). As was stated before, license and medical only. Don't answer any question (even about the weather) without considering what the ramifications are about that question. Unless you are a student or a renter, keep your pilot's logbook at home, keep your airplane records at home. AROW for the plane and don't even let the inspector inside the airplane (he has to ask for permission) - just get the AROW documents for him. He may observe you removing the Airworthiness Certificate which by law must be in a position viewable by passengers entering the aircraft. That is all. A worst case scenario would be getting a ramp check after arriving IFR. Your answers are "yes" you are current, "no" you don't have your logbook with you and the sticky one, "yes" here's the record of my last VOR check or "no" I just flew the NDB-A approach!
 
ramp check

I had a line check with the feds about two weeks ago, I fly the Emb-120, in a part 121 operation. With the new regs say that no body can occupy the jumpseat in the Brasilia, so the FAA guy had to sit in the back of the A/C with the cockpit door shut, when we got to our destination he came up the front and asked us how the flight went, the captain replied "we were f***ing brilliant", the fed said "thats what I thought".
The best line check ever.:D
 

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