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Legal issues and new DO?

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Excellent posts, Avbug.

"Self disclosure" means that you, not your POI, have found serious problems. What Avbug described doing as DOM is self-disclosure. You identify the problem(s), document them, quickly develop a plan to fix them, and go to the FAA with the problem and the plan.

Depending on the problem, you may need to shut down the affected operation until the problem is corrected. In fact, you almost certainly will need to do that.

For example, if some of your aircraft had overflown an inspection requirement, due to a failure in your oversight systems, you would need to stop flying those aircraft immediately. However, if you had aircraft which were in compliance you could keep that part of the operation going.

A lesser form of self disclosure involves finding and solving the problems, but NOT going to the FAA. If the problem is minor and can be quickly resolved, you can document the problem, and the solution, and maintain it in a compliance file. If the FAA ever detects the problem (now solved), you show them the compliance file and explain how you changed things so the problem won't happen again. This procedure is in our approved ops manual.
 
Great post, Avbug.

I found myself in the same position as the DO/CP of a small 135 company. There were problems, though not insurmountable, and I developed a good relationship with the POI to rectify them. I completely rebuilt the GOM, and streamlined all of the necessary forms needed for records and whatnot. In addition to being DO and CP I was also a line pilot--so juggling the necessary time was difficult to say the least.

However, there was that proverbial straw. In a meeting to discuss the ramifications of the new A008 and operational control with other managers of the related companies and the owner, it was made very clear to me that "operational control" was NOT going to be a part of my paradigm. I could not, in good conscience, remain in a position that gave me ALL of the responsibility with no authority. By definition the DO must have both.

I feel bad for quitting a job that had promise, but I still have my certificates and a clear conscience.
 
If you do not have ops controll, you are not the DO in anything except name. However by your designation you will be responsibile for anything that goes on at your place. DO's can shut down operations. You have no choice except resign. There are tons of jobs out there and this could easily explained in any interview.
 
Thanks for the insightful input folks. I'm happy to say that my buddy didn't take the gig. It just wasn't worth the money to put his certificate on the line in an imperfect operation.
 
I'm so glad my title is Line Pilot. Good stuff to read and think about. Glad your buddy declined the gig ice. Now, the question is, did he make any comment to the owner of the certificate about how bad things were? I'd be curious as to their follow up on improvement would be if he did...if they follow up that is.
 
If you do not have ops controll, you are not the DO in anything except name. However by your designation you will be responsibile for anything that goes on at your place. DO's can shut down operations. You have no choice except resign. There are tons of jobs out there and this could easily explained in any interview.

I worked for a small 135 outfit once, approximately 2200 miles W-SW of California. We never met the DO, he was just some name on a piece of paper as far as we knew. He had zero operational control over anything. In reality with one with operational control would have been the receptionist who scheduled the flights :)
 

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