FAA Violation, Suspension, Reprimand

[Drifter]

Any of you guys ever been violated by the FAA? Just wondering if it was a problem for you afterwards getting a job or going back to the job you had before the violation. Does it depend on the reason for the violation?
Drifter

 

[T-Gates]

It depends. I know one who came back with only a minor suspension. Another was terminated within minutes. How cool is your CP and or DO?

--03M

 

[bobbysamd]

Leveling the violation playing field

The best way to do that is to order your FAA records. You can order them here from the FAA. That way you can discover what others can discover about you and craft appropriate answers to application and interview questions. What you might have thought was a violation may not have shown up at all - not that you still shouldn't answer the question honestly.

Good luck with your efforts.

 

[jetdriven]

I have beat a violation LOI and also I have a letter or warning from theFAA.

letter of warning goes away after 2 years and the LOI for the violtaion is a matter of record but the violation didnt stick.

 

[quigs]

Letter of warning also is only for the FSDO that initiated it. In other words, no database. The FSDO that sent it is the only one that has it. Don't know how the other FSDO's would get it, but Im certain they can. This really pertains to someone doing a search on you, they would have to request from that particular FSDO. This info was given to me by the FAA, so I assume it's correct.

 

[quigs]

What about 709 checkrides without a violation?

 

[varicam]

Letter of warning also is only for the FSDO that initiated it. In other words, no database. The FSDO that sent it is the only one that has it. Don't know how the other FSDO's would get it, but Im certain they can. This really pertains to someone doing a search on you, they would have to request from that particular FSDO. This info was given to me by the FAA, so I assume it's correct.

Not correct! A Warning Notice is processed like any other violation. It will stay on a pilot record for 24 months after being processed. If the bureaucracy is slow, it might remain on a pilot record even longer.

 

[varicam]

What about 709 checkrides without a violation?

709 paperwork is forwarded to OKC like any other pilot certification action. As far as i know it's never expunged.

 

[Lrjtcaptain]

my friend had to do a 709 ride after one of his students crashed after a solo. He is now an FO with Skywest

 

[jsoceanlord]

i heard that the FAA is really hard corp after 9/11

they've got 6 months to violate you after you get a letter - after that they can't.

what gets me is that they use snitches from your competition

 

[quigs]

FAA's Expunction Program

Program began in 1992 to purge records of old pilot violations.
Means FAA no longer considers event as part of pilot's record.
Removes records over five years old.
Time varies depending on severity of violation and penalty.
Five years for suspension of certificate or civil penalty.
Two years for administrative action letter.
Revocation of certificate…indeterminate.
90 days for closed case with no action.
No expunge for pending cases.
Failure to answer employment, insurance or other forms honestly may invalidate paper.

An administrative action is not considered to be a finding a member was guilty of the alleged violation.

I wonder what 709 rides fall under, I've heard something like two years for them, but I've also heard five years. Still haven't found any concrete facts.

Accidents and incidents can also be expunged from the AIDS database after five years..

 

[quigs]

"Not correct! A Warning Notice is processed like any other violation."

I know it is two years before it is considered not part of your file. But, the FSDO having the only copy was straight from the horses mouth. How do you know thats not true? (just wondering) not doubting you just wondering.

 

[80/20]

Will bad FAA records kill your career?
This question, with various wording, appears frequently on our forum. It is important for those concerned about it. Should an eager pilot be advised to drop his or her dream?
Is it best to cut your losses in time even after investing years of training and savings?
Opinions are offered by the experienced and inexperienced. Which advice should you trust?

Numerous pilots with past problems are flying for major airlines. Specific examples: Ramp check violation, airspace violation, altitude bust, crash, FAA certificate suspension, traffic tickets, speeding, DUI/DWI and failure to declare DUI/DWI to the FAA.

What should you do if you have been unfortunate?
Start by gathering facts and reliable information.
Bobbysamd points out that questions should be answered honestly and gives the link to good factual information.

Call Oklahoma City and talk to a live person for specific up-to-date details. Do not expect advice from FAA on how to fill out employment applications.

How to fill out FAA and employment forms correctly and still maintain your civil rights?
Seek legal council by a skilled aviation expert to understand your rights. Individuals with first-hand experience in managing the hiring process of major airlines can tell how they have had to change questionable screening procedures. As an example, it was not uncommon to ask questions about health history of grand parents, parents, brothers, sisters, uncles and so on. This allowed the airline to reduce future costs. Consistent avoidance of, for example, cancer risk candidates would probably not improve safety but reduce health-related costs. Fortunately this practice was challenged in court. Today we hear of court cases where airlines are accused of using FBI fingerprint information to conduct screening beyond the intention of this program.

Aviation safety benefits from our rules and regulations. They should however be used as intended by the rule-makers. The first step for anyone faced with such problems is to understand how the system works and what civil rights they have.

How does the system of FAA background checks work?
Two common ways to run a check:
1) Submit a request for current certificates, ratings, medical, accidents, incidents and enforcement actions. This will give a brief summary without actual copies of any files. Expunged information is not included. The answer is given right away. Most airlines use this method.
2) Mail a specific request for hard copies of a complete airman's scanned file, which must be signed by the airman. This will include copies of all original forms and letters such as: Certificate and rating applications, results of written-, oral- and practical- tests. Some traces of expunged information could be included forever. The reply can take several months.

Traces of some violation may actually never "disappear" from the scanned files, because in most cases the FAA will not grant a pardon. FAA procedure is to include accidents, incidents and enforcement record for some years, after which this record will be expunged. (See Quigs list above for details). Certificate/rating applications and medical application forms can unfortunately leave traces of expunged information and cause a never ending problem.
Example: You filled out an application for an additional rating or certificate. You had a previous suspension or DUI. The form asked if your certificate ever had been suspended or if you ever had been convicted for motor vehicle operation involving alcohol. Your suspension records should eventually be removed but application forms may often not be removed. The question about suspension has been removed from today's form. You may request to have any part of you file removed. A skilled screener may still detect a missing form and become suspicious. Note that the "traces of expunged files problem" only applies to the scanned files and not to the digital version used by most employers. Medical documents are stored in another register and may also include information such as DUI/DWI.

In the past, the Airmen Certification Branch have received few requests for complete files with hard copies of actual forms. Most such requests came from insurance companies and lawyers after serious accidents. This last information might be a bit outdated.
Other members - please fill inn with the latest practice.
Does anyone know of airlines that orders hard copies of the complete airman files for each applicant?