How long for the FAA?

[GopherEvertt?]

How long does it take for the FAA to notify you of an intent to investigate a potential violation after an incident? I know in the past they supposedly streamlined the process, but when, if they are going to investigate, will you hear from them? And how long until you're probably "safe" from not hearing from them?

 

[flx757]

I know in the past, they had 6 months from the time of the incident to notify you of a pending investigation, and often they would go right up against this deadline before you got a letter. I'm not sure if this timeframe is still valid today.

 

[FN FAL]

How long does it take for the FAA to notify you of an intent to investigate a potential violation after an incident? I know in the past they supposedly streamlined the process, but when, if they are going to investigate, will you hear from them? And how long until you're probably "safe" from not hearing from them?

Do a search for TIS or ASquared, they seem to be on top of this type of thing. Send them a PM, I sure they wouldn't mind. Also, have you considered getting a referal for a good aviation attorney or retaining one to look at your case?

 

[satpak77]

whatever you did....

1. File a NASA Form immediately, NOW

2. Call AOPA Legal or ALPA Legal and present the situation to them

3. Before you forget, write down your recollection of what happened and the events surrounding the case, and keep that in a safe and private place.

4. FAA Order 8020.11 outlines FAA Investigative procedures, try to find one online or in public library. Also see FAR Part 13, and Air Carrier Inspector's Handbook. You might as well read up on the "FAA side of things."

5. See points 1 and 2 and do them NOW

later

 

[A Squared]

Gopher,



Under the "stale complaint rule" the FAA has 6 months to begin an enforcement proceeding against you.

Here's the kicker though; even if they miss the deadline, they may go right ahead and proceed against you. They do this. Unbeleviabley, it has been upheld by in an appeal to the full board of the NTSB (split decison) At least one person has appealed beyond the NTSB to the DC district court of appeals. Only there, in a real court before a real judge was the FAA required to abide by their own rules. Truly unbelievable. So yes the deadline is 6 months, but the FAA may try to screw you even when they *know* they are wrong, and to go through the NTSB hearing, appeal to the Full board, then appeal that ruling to a real court is a long and expensive process.


Also to second what the others are saying, if you got something going on, and this is more than idle cuiosity, get an attorney.

 

[garf12]

as said above deffinetly file a NASA report.

 

[transpac]

Gopher,



Under the "stale complaint rule" the FAA has 6 months to begin an enforcement proceeding against you.

The "stale complaint rule" comes into play whenever six months have elapsed between the time the FAA became aware that a violation might have occured and the time the alleged violator was notified that a formal investigation had been initiated. However, the rule permits the FAA to show "good cause" for delay if the absence of notification was for a legitimate reason. It's important to note that the clock doesn't start until the FAA is aware of the alleged violation, which may be years after the violation actually occured. Another caveat is that the rule isn't applicable to an enforcement case wherein a "lack of qualification" is in issue. Since "lack of qualification" covers a lot of ground (even a bad attitude can be considered a lack of qualification), this exception is routinely (and successfully) invoked by the FAA.