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fail type ride three times = loose ticket?

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I personally know two very experienced pilots that were given 709's. These were given by pissed off Fed's in both cases and the things the pilots did were not even "bust" items.

The truth is a 709 can be issued without 3 busts. In fact it can be issued after one bust or one incident or one accident or just a pissed off FAA Fed can make stuff up should he not like you. And that is the truth.

Also what one should know is a 709 can consist of an oral, written, and flight (practical eval) for every license and rating incurred through the years including ALL type ratings, weather, etc, etc, etc,.

This is the mother of all checkrides. And you want to know the best part about it. The ass who gave it to you (the pissed FAA guy) is the one who has the authority to have first dibs on your ass. No petitions or recourse. AT ALL!!!

And that is how it works in the real world my friend.

And no I was not one of the guys...lol
 
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This topic comes up once in a while. You can listen to rumor or read what the FAA Order says on how a 44709 Re-examination is to be conducted. I have given a few and not once was I pissed off or "out to get some one". I can't and will not speak for all Inspectors, - But the story is always better when there are sub plots......


In case you really want to read for your self:

http://fsims.faa.gov/PICResults.aspx?mode=EBookContents


9/13/07

8900.1 Chapter 0

VOLUME 5 AIRMAN CERTIFICATION

CHAPTER 7 REEXAMINATION OF AN AIRMAN

Section 1 Conduct a Reexamination Test of an Airman Under Title 49 of the United States Code

5-1416 PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODE. 1534.

5-1417 OBJECTIVE. The objective of this task is to determine if an airman is qualified to exercise the privileges of a particular airman certificate or rating. Completion of this task results in either no action taken against the airman’s certificate or rating, or initiation of an enforcement investigation.

5-1418 GENERAL.

A. Authority. Under Title 49 of the United States Code (49 U.S.C.) section 44709 (formerly section 609 of the Federal Aviation Act (FA Act) of 1958), the Administrator is authorized to reexamine any airman at any time. Reexamination of an airman does not hinder the taking of punitive enforcement action when appropriate. When an airman fails to comply with a request for reexamination, section 44709 provides legal procedures to be followed to enforce reinspection or reexamination. Detailed information on the enforcement aspects is found in Federal Aviation Administration (FAA) Order 2150.3, Compliance and Enforcement Program.

B. Basis for Reexamination. The reexamination of an airman on the basis of lack of competency is never to be undertaken lightly. There must be ample or probable cause for requesting the reexamination. In most cases a reexamination will result from the inspector’s investigation of an accident or incident where the pilot’s competence was the apparent cause of the occurrence.

5-1419 BASIS OF REEXAMINATION TEST. When an inspector has sufficient reason to believe that an airman may not be qualified to exercise the privileges of a particular certificate or rating, a reexamination may be required. The inspector reaches this conclusion either through reliable reports, personal knowledge, or on the basis of evidence obtained through an accident, incident, or enforcement investigation.


As to the pissed off Inspector part:

5-1420 SPECIAL CONSIDERATIONS.

A. Handling an Airman’s Response to a Reexamination Letter at an Office Other than the Requesting Office. Usually, the FSDO that requested the reexamination by letter conducts the reexamination test and follows up with any needed enforcement action. However, an airman may respond to a reexamination letter by contacting a FSDO that did not issue the letter. In such a case, the inspector at the other FSDO must contact the FSDO that requested the reexamination.



The legal basis is in the US Code of Regulations under Transportation:

http://assembler.law.cornell.edu/uscode/html/uscode49/usc_sec_49_00044709----000-.html


Title 49 US Code

44709. Amendments, modifications, suspensions, and revocations of certificates

(a) Reinspection and Reexamination.— The Administrator of the Federal Aviation Administration may reinspect at any time a civil aircraft, aircraft engine, propeller, appliance, design organization, production certificate holder, air navigation facility, or air agency, or reexamine an airman holding a certificate issued under section 44703 of this title.
 
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