FAR 61.15 Offenses involving alcohol or drugs

[MD80DRVR]

A family member (No it really wasn't me) who is a pvt. pilot was arrested for DWI. Do they have 60 days from the offense or 60 days from conviction (if convicted) to report to the FAA? The reg is kind of vague because it states conviction in one paragraph and motor vehicle action in another.


Thanks.

 

[NW_Pilot]

A family member (No it really wasn't me) who is a pvt. pilot was arrested for DWI. Do they have 60 days from the offense or 60 days from conviction (if convicted) to report to the FAA? The reg is kind of vague because it states conviction in one paragraph and motor vehicle action in another.


Thanks.

Well, All I have to say is how much dose one want to spend or loose? $30.00 to $50.00 for a Taxi or Little More For A Tow! or Jail & Large Fines Loss Of Auto, Impound Fees, Then You Face Loss of Job, Driving Privileges, Medical, Higher Insurance, Etc. Is it Worth It?

Myself I would go with Taxi/Tow option If I go out drinking otherwise I stay home and drink with family and neighbors.

 

[avbug]

MD80Driver,

Look at the regulation a little more closely. The requirement to submit a report is based on a motor vehicle action, and is found in 14 CFR 61.15(e). It states that one must submit a report to the Administrator detailing the circumstances of the MVA (motor vehicle action) within 60 days after the action.

This naturally brings up the question as to what constitutes a motor vehicle action. The Administrator has included this definition in the same section, under 61.15(c). The purpose of this paragraph is to define what constitutes a MVA. It states that a motor vehicle action could be any of the following:

A. A conviction under any state or federal statute for operating a vehicle while intoxicated or under the influence--61.15(c)(1)

B. The cancellation, revocation, or suspension of driving privileges related to intoxication or being under the influence--61.15(c)(2)

C. The denial of an application for driving privileges due to operating a motor vehicle intoxicated or under the influence--61.15(c)(3)

Your question then asks which one...conviction, or the suspension? Either one constitutes a motor vehicle action, and after this has occured (either one, which ever comes first, as both constitute a MVA for the purposes of this regulation), one has 60 days to report.

Failure to report, of course, is a violation of 61.15(f), and carries with it the same penalties to which one might be subject if on does report and is therefore penalized.

 

[MD80DRVR]

OK, so they didn't suspend his drivers license, so he can wait until his court date to see if he gets convicted? If no conviction, then no report is required?? Thanks. Reading that reg. is worse than going to the dentist.

 

[avbug]

I guess I don't see what isn't clear. A motor vehicle action is one of three things:

A. Conviction, or

B. Cancellation, revocation, suspension, or

C. Denial of an application.

Your friend hasn't had A, B, or C happen, and therefore doesn't need to file the report until A, B, or C happens. The regulation is fairly clear about that.

In such matters, of course, you should always consult an attorney.

 

[svcta]

Well, All I have to say is how much dose one want to spend or loose? $30.00 to $50.00 for a Taxi or Little More For A Tow! or Jail & Large Fines Loss Of Auto, Impound Fees, Then You Face Loss of Job, Driving Privileges, Medical, Higher Insurance, Etc. Is it Worth It?

Myself I would go with Taxi/Tow option If I go out drinking otherwise I stay home and drink with family and neighbors.

Yeah, you'd only drive drunk if it were over water in ice.

 

[Doc Holiday]

Well, All I have to say is how much dose one want to spend or loose? $30.00 to $50.00 for a Taxi or Little More For A Tow! or Jail & Large Fines Loss Of Auto, Impound Fees, Then You Face Loss of Job, Driving Privileges, Medical, Higher Insurance, Etc. Is it Worth It?

Myself I would go with Taxi/Tow option If I go out drinking otherwise I stay home and drink with family and neighbors.

Thanks for the advice, mom. Too bad you didn't answer the question......

 

[midlifeflyer]

OK, so they didn't suspend his drivers license

They didn't? That sounds a bit unusual. Most states (I thought all at this point) provide for on-the-scene administrative suspensions in DUI cases. Did he refuse the field sobriety tests?

Assuming that your friend's drivers license was not suspended at the point of the stop, that still does not necessarily mean that he can wait until he is convicted (if he is). I have no idea what state this is, but there could be some other form of pre-conviction suspension procedure that will apply.

avbug's explanation of what I agree is a pretty clear reg is correct, but his final piece of advice is even better:

In such matters, of course, you should always consult an attorney.

If it were me, I'd want to know for sure what the state process I am about to go through entails and whether or not any of those procedures constitutes a "motor vehicle action" under the FAR, triggering a report (btw, 61.15 may well require multiple reports for the same dui charge).

 

[macey]

Midlifeflyer is correct. If your license was temporarily suspended until your court date that is a MVA and has to be reported. After your court date and you get convicted of a DUI and a suspended license that is also an MVA and also has to be reported. You would have to report both suspensions. Like avbug said 61.15 is pretty clear in what you have to do.

 

[TxPilot0878]

Dui/dwi!

Both Midlifeflyer/Macey are correct...but different states have different laws. 2 for example are Texas (HOME OF MADD) vs. Michigan...with MI you are Revoked the second you are pulled over with Texas the state has to prove you are guilty! In MI they can take your blood if you refuse a field sobriety test...in TX they just take you to jail...all laws follow the same path...but in some states you are guilty before proven innocent...other states believe in Drinking And Driving until getting caught and proven!!!

Michigan you are guilty until proven innocent and revoked immediately
Texas you are innocent until your tape, FST, or BAC prove you guilty...at that point you are REVOKED!!!!

TEX