Greg Reigel's Aero Legal Services

Aviation Law Discussions

Subscribe XML

A site devoted to aviation law, safety and security.

March 29, 2012

Pilot's Reliance Upon VFR GPS Does Not Excuse TFR Bust

The NTSB recently affirmed an administrative law judge's ("ALJ") determination that an airman's violation FAR 91.141 (prohibiting operation of an aircraft within the restricted airspace of a VIP NOTAM) was not excused by his reliance upon a malfunctioning VFR GPS. For more information, please read my article on the case: Pilot's Reliance Upon VFR GPS Does Not Excuse TFR Bust.

Posted by Greg

March 28, 2012

Do Limitations On A Foreign Pilot License Carry Over To A U.S. Airman Certificate Issued Under FAR 61.75?

The FAA's Office of Chief Counsel recently issued a Legal Interpretation answering this question in response to an inquiry requesting a clarification of FAR 61.75 (Private pilot certificate issued on the basis of a foreign pilot license). The inquiry arose out of an accident in the United Kingdom involving a U.S. registered Cirrus aircraft. The pilot operating the Cirrus was doing so using his U.S. private pilot certificate, which was issued under FAR 61.75 based upon the pilot's underlying license from the UK.

The U.K. pilot license apparently requires "differences training" before a pilot may operate a Cirrus aircraft, while the FARs governing the U.S. private pilot certificate contain no such requirement. The issue before the Chief Counsel's office then was "whether the pilot was in violation of his US certificate for flying an aircraft, on his US certificate, for which he would have needed specialized training if flying on his UK certificate."

The Legal Interpretation initially observed that a notice issued by the Aviation Accident Investigations Board (AAIB) in August 2008 draws the conclusion from FAR 61.75 "that any and all limitations and restrictions that a pilot would be subject to under his foreign pilot certificate are incorporated in his US certificate, and apply equally under his US certificate." However, it then goes on to state that the AAIB notice's conclusion is mistaken.

The Legal Interpretation clarified that FAR 61.75 incorporates the limitations and restriction ON the pilot's airman certificate and foreign pilot license. That is, "the pilot is subject to the restrictions and limitations that appear on the face of the US certificate or foreign pilot license."

Since the holder of the FAR 61.75 certificate is bound by the U.S. regulations governing the airman's exercise of privileges under his or her U.S. airman certificate, the Interpretation states that the language of FAR 61.75 "does not include the entirety of regulatory requirements of the foreign State." Thus, "the FAA views that [FAR 61.75] language as addressing the limitations of the sort FAA uses, e.g., 'not valid for night operation,' where the individual has not completed the night training requirements."

The Interpretation then observed that the FARs do not impose a "differences training" requirement for Cirrus aircraft operated by an individual with a U.S. airman certificate. As a result, operation of a Cirrus aircraft pursuant to a U.S. airman certificate when the airman has not received "differences training" would not be a violation of the FARs even though the airman would have needed specialized training if flying on his UK certificate.

Interesting situation/question. As is often the case, this situation/question arose in the aftermath of an accident. Fortunately for the airman, the less restrictive requirements of the FARs, at least in this case, prevailed.

Posted by Greg

March 22, 2012

Airmen With Special Issuance Medical Certificates Will No Longer Need To Carry Their Letter Of Authorization With Them

In a Direct Final Rule published today, the FAA disclosed its intent to remove the FAR 67.401(j) requirement that currently requires an airman granted a Special Issuance Medical Certificate to have his or her corresponding letter of Authorization in the airman's physical possession or readily accessible on the aircraft while exercising pilot privileges. (A special issuance is comprised of both a medical certificate and a letter of authorization that specifies any corresponding requirements or limitations associated with the medical certificate).

The FAA originally imposed this requirement in 2008 to respond to a 2007 International Civil Aviation Organization (ICAO) adverse audit finding regarding endorsement of FAA certificates. At that time, the FAA was concerned "that traditional enumeration placed on U.S. medical certificates under the FAA's special-issuance medical certification process might not be detailed enough for affected U.S. pilots during a ramp check in a foreign country, for example." The FAA believed that it was in the airman's best interest to have the letter of Authorization readily available.

However, after imposing the rule, FAA received many complaints from affected airmen that the full force of the requirement was overly burdensome and invasive. Additionally, during the three years that the rule has been in effect, "[t]he FAA is not aware of any individuals affected by the standard who have had to produce their letter of Authorization for any civil aviation authorities."

As a result, the FAA determined that the regulation was one that could be removed. However, the Final Rule cautions that "[w]hile this action removes the burden for affected individuals to carry their medical letter of Authorization, long-standing requirements under FAA operational standards requiring individuals to carry FAA certificates while exercising pilot privileges remain unchanged." Thus, airmen will still need to carry their airmen and medical certificates with them while exercising their pilot privileges.

The FAA is accepting comments to the Final Rule on or before May 21, 2012. If it receives adverse comments, it will withdraw the Final Rule. Otherwise, the Final Rule will be effective July 20, 2012.

It's nice to see the FAA actually doing something to make things easier for airmen. Although the Final Rule won't affect a wide range of airmen, it certainly represents a move by the FAA in the right direction. And under the circumstances, I wouldn't expect to see any adverse comments to the Final Rule. But I will keep my fingers crossed anyway.

Posted by Greg

March 20, 2012

Are You "Actively Engaged"?

Are you a mechanic who is interested in obtaining, or renewing, an inspection authorization? If so, you are probably familiar with the requirement that you be "actively engaged" in maintaining aircraft that are certificated and maintained under the FARs. Although the phrase "actively engaged" is not currently defined in the FARs, you should be aware that the FAA has recently issued a notice of policy that includes a definition. To review the definition, and more on this subject, please read my latest article Inspection Authorization: Are You "Actively Engaged"?.

Posted by Greg

March 07, 2012

Virginia PIlot Sentenced For Flying After Revocation Of Certificate

According to a Summary on the Department of Transportation Office of Inspector General website, a pilot in Virginia recently pleaded guilty in U.S. District Court, Norfolk, Virginia, to one count of knowingly operating an aircraft after the FAA had revoked his Commercial Pilot Certificate. The Court sentenced the pilot to twenty days in jail, assessed a $100 fine, and placed him on probation for one year. Additionally, the pilot is not allowed to fly an aircraft or conduct flight instruction while he is on probation.

The Summary indicates that he pilot's commercial pilot certificate was suspended for 120 days for giving flight instruction in an un-airworthy aircraft. While his certificate was suspended, the airman then flew as PIC on nine occasions. When the FAA found out about the nine flights, it then revoked the pilot's commercial pilot certificate. After the revocation, and after his CFI certificate was expired, the pilot then flew as PIC and CFI on two occasion. On the second occasion while the pilot was providing dual, the aircraft's propeller struck the runway.

Not surprisingly, and as is often the case, this type of situation only comes to light after an accident or incident. In this case, the prop strike put the pilot's actions on the FAA's radar. However, based upon these facts, it definitely appears to me that this pilot has no learning curve. Under these circumstances, I don't necessarily disagree with the FAA's actions, although I am a little surprised that the pilot was prosecuted criminally, rather than being assessed a civil penalty. I suspect that the pilot's giving flight instruction to a student had a significant influence on the decision to prosecute. In any event, this is certainly an example of what you shouldn't do if your certificate is suspended or revoked.

Posted by Greg

Aviation Law Discussions - Archives

12/01/2003 - 12/31/2003
01/01/2004 - 01/31/2004
02/01/2004 - 02/29/2004
03/01/2004 - 03/31/2004
04/01/2004 - 04/30/2004
05/01/2004 - 05/31/2004
06/01/2004 - 06/30/2004
07/01/2004 - 07/31/2004
08/01/2004 - 08/31/2004
09/01/2004 - 09/30/2004
10/01/2004 - 10/31/2004
11/01/2004 - 11/30/2004
12/01/2004 - 12/31/2004
01/01/2005 - 01/31/2005
02/01/2005 - 02/28/2005
03/01/2005 - 03/31/2005
04/01/2005 - 04/30/2005
05/01/2005 - 05/31/2005
06/01/2005 - 06/30/2005
07/01/2005 - 07/31/2005
08/01/2005 - 08/31/2005
09/01/2005 - 09/30/2005
10/01/2005 - 10/31/2005
11/01/2005 - 11/30/2005
12/01/2005 - 12/31/2005
01/01/2006 - 01/31/2006
02/01/2006 - 02/28/2006
03/01/2006 - 03/31/2006
04/01/2006 - 04/30/2006
05/01/2006 - 05/31/2006
06/01/2006 - 06/30/2006
07/01/2006 - 07/31/2006
08/01/2006 - 08/31/2006
09/01/2006 - 09/30/2006
10/01/2006 - 10/31/2006
11/01/2006 - 11/30/2006
12/01/2006 - 12/31/2006
01/01/2007 - 01/31/2007
02/01/2007 - 02/28/2007
03/01/2007 - 03/31/2007
04/01/2007 - 04/30/2007
05/01/2007 - 05/31/2007
06/01/2007 - 06/30/2007
07/01/2007 - 07/31/2007
08/01/2007 - 08/31/2007
09/01/2007 - 09/30/2007
10/01/2007 - 10/31/2007
11/01/2007 - 11/30/2007
12/01/2007 - 12/31/2007
01/01/2008 - 01/31/2008
02/01/2008 - 02/29/2008
03/01/2008 - 03/31/2008
04/01/2008 - 04/30/2008
05/01/2008 - 05/31/2008
06/01/2008 - 06/30/2008
07/01/2008 - 07/31/2008
08/01/2008 - 08/31/2008
09/01/2008 - 09/30/2008
10/01/2008 - 10/31/2008
11/01/2008 - 11/30/2008
12/01/2008 - 12/31/2008
01/01/2009 - 01/31/2009
02/01/2009 - 02/28/2009
03/01/2009 - 03/31/2009
04/01/2009 - 04/30/2009
05/01/2009 - 05/31/2009
06/01/2009 - 06/30/2009
07/01/2009 - 07/31/2009
08/01/2009 - 08/31/2009
09/01/2009 - 09/30/2009
10/01/2009 - 10/31/2009
11/01/2009 - 11/30/2009
12/01/2009 - 12/31/2009
01/01/2010 - 01/31/2010
02/01/2010 - 02/28/2010
03/01/2010 - 03/31/2010
04/01/2010 - 04/30/2010
05/01/2010 - 05/31/2010
06/01/2010 - 06/30/2010
07/01/2010 - 07/31/2010
08/01/2010 - 08/31/2010
09/01/2010 - 09/30/2010
10/01/2010 - 10/31/2010
11/01/2010 - 11/30/2010
12/01/2010 - 12/31/2010
01/01/2011 - 01/31/2011
02/01/2011 - 02/28/2011
03/01/2011 - 03/31/2011
05/01/2011 - 05/31/2011
06/01/2011 - 06/30/2011
07/01/2011 - 07/31/2011
08/01/2011 - 08/31/2011
09/01/2011 - 09/30/2011
10/01/2011 - 10/31/2011
11/01/2011 - 11/30/2011
12/01/2011 - 12/31/2011
01/01/2012 - 01/31/2012
02/01/2012 - 02/29/2012
03/01/2012 - 03/31/2012
04/01/2012 - 04/30/2012
05/01/2012 - 05/31/2012
06/01/2012 - 06/30/2012
07/01/2012 - 07/31/2012
08/01/2012 - 08/31/2012
10/01/2012 - 10/31/2012
11/01/2012 - 11/30/2012
12/01/2012 - 12/31/2012
02/01/2013 - 02/28/2013
04/01/2013 - 04/30/2013
05/01/2013 - 05/31/2013
06/01/2013 - 06/30/2013
07/01/2013 - 07/31/2013
08/01/2013 - 08/31/2013
11/01/2013 - 11/30/2013
12/01/2013 - 12/31/2013
01/01/2014 - 01/31/2014
02/01/2014 - 02/28/2014
05/01/2014 - 05/31/2014
07/01/2014 - 07/31/2014
08/01/2014 - 08/31/2014
10/01/2014 - 10/31/2014
12/01/2014 - 12/31/2014
01/01/2015 - 01/31/2015
03/01/2015 - 03/31/2015
04/01/2015 - 04/30/2015
06/01/2015 - 06/30/2015
07/01/2015 - 07/31/2015
08/01/2015 - 08/31/2015
10/01/2015 - 10/31/2015
12/01/2015 - 12/31/2015
03/01/2016 - 03/31/2016
07/01/2016 - 07/31/2016
08/01/2016 - 08/31/2016
10/01/2016 - 10/31/2016
01/01/2017 - 01/31/2017
02/01/2017 - 02/28/2017
03/01/2017 - 03/31/2017
04/01/2017 - 04/30/2017
05/01/2017 - 05/31/2017
06/01/2017 - 06/30/2017
07/01/2017 - 07/31/2017
08/01/2017 - 08/31/2017
09/01/2017 - 09/30/2017
10/01/2017 - 10/31/2017
11/01/2017 - 11/30/2017
12/01/2017 - 12/31/2017
01/01/2018 - 01/31/2018
02/01/2018 - 02/28/2018
03/01/2018 - 03/31/2018
05/01/2018 - 05/31/2018
07/01/2018 - 07/31/2018
08/01/2018 - 08/31/2018
09/01/2018 - 09/30/2018
10/01/2018 - 10/31/2018
12/01/2018 - 12/31/2018
01/01/2019 - 01/31/2019
02/01/2019 - 02/28/2019
04/01/2019 - 04/30/2019
05/01/2019 - 05/31/2019
07/01/2019 - 07/31/2019
08/01/2019 - 08/31/2019
09/01/2019 - 09/30/2019

< ? law blogs # >