LOI for loss of seperation

[bandit317]

If anyone wants any info on letters of warning, just ask me. I now have two. Both courtesy of my FOs. I had my lawyer write my last statement which was drastically different than my first version.

 

[H.Agenda]

If anyone wants any info on letters of warning, just ask me. I now have two. Both courtesy of my FOs. I had my lawyer write my last statement which was drastically different than my first version.

what happend?

 

[sky37d]

An interesting question was raised, here. Is there a statute of limitations? A while back I got a "call the tower", and the guy I talked to said it wouldn't go any farther, but I have wondered ever since.
It's been almost a year.

 

[bandit317]

Altitude deviation while I was off frequency getting ATIS, etc.

 

[avbug]

The "stale complaint" rule is not universal nor universally binding, and is not "statue (sic) of limitation," but does provide a general period of time in which the FAA may or will take action. It is 6 months.

 

[Vspeeds]

Any feed backs!

Is there a "Statute of Limitation" on an LOI? (Warning Letter is 2 years)
So if somebody gets a "LOI" & later all charges are dropped & case closed, is that LOI needs to be mentioned on future interviews?

Be Safe!

Anybody care to Chime!

 

[PC800]

I got a "call the tower", and the guy I talked to said it wouldn't go any farther....

If it was a tower controller or supervisor who told you it wouldn't go any further, I wouldn't worry about it. If they drop it, there's generally no reason for FSDO to ever hear about it.

I say "generally" because I did see it happen once: the tower supervisor talked to both pilots involved in a minor incident and thought the problem had been resolved to the satisfaction of all. However, one of the airplanes involved was a Lufthansa 747, and it's pilot must have filed some sort of report with his company when he got back to Germany.

About six weeks after the incident, the tower supervisor who'd brokered the deal found himself doing a rug dance in the tower manager's office. Seems that Lufthansa had followed up through the State Department-- on an incident which the tower manager had never heard about, and on which no paperwork of any kind had been filed. Oops.

I don't know what happened to the pilots-- but the tower supervisor got a few days on the beach.

 

[81Horse]

... Seems that Lufthansa had followed up through the State Department ...

Those guys are strict.

 

[sky37d]

It is 6 months.

Thank You

In my case, I was on first long distance test flight after engine change, both Voltage Regulators were creating an overcharging situation, apparent by battery fumes in the cockpit, and the voltmeter pegged beyond 30 volts. I requested to land, did, and crossed a taxi way that I was supposed to hold and wait for other traffice to clear. No danger, long distance between him and me.
In retrospect, I should have declared an emergency, or, at the very least, shut it down once I got off the runway.
Told the Tower guy that, he said okay.

 

[PacoPollo]

Just call your local FSDO and tell them what happen. Remember they are there to help.

 

[Lear Wanna Be]

Hey FreeFaller,

PM me and I can give you a lot of advice on this topic. I had a presidential TFR violation that everybody told me there was no use fighting. Well, I did anyway and I learned a lot about the FAA and how it works. In the end the FAA dropped the case.

NASA letter first, good. Wait for a phone call from the local inspector, might be as long as two months. Be pleasant and cooperate, but don't say anything that can be used against you. Talk to the inspector and try to do whatever it takes to get him not to send the case to the legal department. Say things like if we screwed up I don't want the FO to be violated. Beg if you have to and tell him you fear it will end your career. Tell him you will admit to the mistake if you can get a training session at the FSDO in lieu of a violation. If he says "no", then ask for a "letter of correction". Not sure if there is a difference in a letter of correction or a letter of warning, but I have always heard of LOCs. If it goes to legal, then make sure the first letter of proposed certificate action is within the 6 months of the date of the incident. An attorney will be able to get it dropped under the "stale complaint rule". Keep dragging it out. Once they send the letter that says that you have 30 days to appeal, then get right on that, but send and fax your appeal back with just a day or two left. This continues to drag it out. At this point you will be able to ask for discovery and you will be able to find out what evidence they have against you. Decision time now, because a hearing date in front of an admistrative NTSB judge will be set. You will lose and if they have not backed down, then give up. Besides, the only thing on the line is if the violation goes on your record.

The down side to dragging it out is that the FAA expungement program time period will not begin until the violation is entered into the final record. After 5 years I think it is, you don't have to tell anybody about it because it will no longer be on your record.

If this happened in the midwest, I know a couple of good lawyers. PM and I will be happy to share more details about this.