9. ENFORCEMENT POLICY
The Administrator of the FAA will perform his/her responsibility under Title 49, United States Code, Subtitle VII, and enforce the statute and the FAR in a manner that will reduce or eliminate the possibility of, or recurrence of, aircraft accidents. The FAA enforcement procedures are set forth in Part 13 of the FAR (14 CFR Part 13) and FAA enforcement handbooks.
In determining the type and extent of the enforcement action to be taken in a particular case, the following factors are considered:
a. nature of the violation;
b.whether the violation was inadvertent or deliberate;
c. the certificate holder's level of experience and responsibility;
d. attitude of the violator;
e. the hazard to safety of others which should have been foreseen;
f. action taken by employer or other government authority;
g. length of time which has elapsed since violation;
h. the certificate holder's use of the certificate;
i. the need for special deterrent action in a particular regulatory area, or segment of the aviation community; and
j. presence of any factors involving national interest, such as the use of aircraft for criminal purposes.
The filing of a report with NASA concerning an incident or occurrence involving a violation of 49 U.S.C. Subtitle VII, or the FAR is considered by FAA to be indicative of a constructive attitude. Such an attitude will tend to prevent future violations. Accordingly, although a finding of violation may be made, neither a civil penalty nor certificate suspension will be imposed if:
a. the violation was inadvertent and not deliberate;
b. the violation did not involve a criminal offense, or accident, or action under 49 U.S.C. Section 44709 which discloses a lack of qualification or competency, which is wholly excluded from this policy;
d. the person has not been found in any prior FAA enforcement action to have committed a violation of 49 U.S.C. Subtitle VII, or any regulation promulgated there for a period of 5 years prior to the date of occurrence; and
e. the person proves that, within 10 days after the violation, he or she completed and delivered or mailed a written report of the incident or occurrence to NASA under ASRS.
