AOPA Pilot Magazine - May 2012 - 34

PILOTCOUNSEL

BY JOHN S. YODICE
AOPA SECRETARY

The $5,000 fine

recent decision of the National Transportation Safety Board came across my desk that assessed a $5,000 fine against a pilot for failing

This case tells us what can happen if an airman refuses to surrender a medical certificate that has been timely reversed by the FAA. In this case, under the circumstances, it was a $5,000 fine. The pilot had earlier reported to the FAA, as he was required to, that he had experienced an alcohol-related suspension of his driver’s license/privileges. Some months later, the pilot applied to an AME for a third class medical certificate, and in routine fashion received it. When the application was routinely reviewed by to surrender his medical certificate to the FAA. the manager of the AMCD, the manager, noting the The case illustrates one of the few circumstances driver’s license suspension, asked for additional John S. Yodice owns a Cessna in which the FAA can make such a demand withinformation to determine the pilot’s eligibility to 310 hangared at out affording the pilot all of the legal protections I hold a medical certificate. Frederick have written about in this column over the years. After the pilot failed to provide the requested Municipal Airport Faithful readers of this column will recall my freinformation, the manager reversed the issuance of (FDK). quent advice that pilots should never voluntarily the certificate within the 60-day period as extended surrender a pilot or medical certificate to anyone by the request for additional information. The manincluding the FAA until he or she has gotten some expert ager asked the pilot to return the certificate to the FAA, and advice. These are valuable documents, hard to get, and hard offered a grace period. The pilot again failed to respond, and earned. Once surrendered, they may be very difficult to get the FAA initiated a civil penalty assessment proceeding seekback. As we will see, the FAA medical certification process ing a $5,000 fine. The FAA has a sanction guidance table that has an unusual, but limited, aspect that short-circuits our provides a range of sanctions for various violations, including frequent advice. for failure to surrender a certificate when legally demanded. The FAA correspondence warned the pilot that he was subject to a civil penalty of up to $1,100 for each day the violation continued, but did offer to close the matter out if the pilot surrendered the certificate within 10 days. The pilot did not surrender the certificate until 16 days after the grace period expired. The pilot tried to avoid the fine by appealing to the NTSB. He told the board that “this whole process has been quite confusing and, regrettably, I did not act within the timelines requested of me. As a father and business owner/operator, I am constantly busy with various activities that require my The FAA receives and processes approximately 450,000 time. Unfortunately, I did not always respond to the issues outapplications for airman medical certification each year. Most lined in this case in a timely fashion. For that, I regret allowing medical examinations conducted in connection with these this issue to become a case at all. I submitted my information applications, the ones involving most pilots, are performed to [the AMCD manager] and subsequently have surrendered by physicians in private practice who have been designated my medical certificate. I hope this letter makes it clear that to represent the FAA for this purpose. A medical certificate the $5,000 penalty is not appropriate considering the nature issued by such an aviation medical examiner can ripen into of the case and I hope that you feel the same way.” a certificate to which the general legal protections apply, but But the board, stressing that the FAA provided the pilot with only after 60 days after the date of issuance (date of examina- ample opportunity to avoid the fine, affirmed the assessment tion). Within that 60-day period the issuance of the medical of a $5,000 civil penalty. The board noted that the penalty certificate, which is already in the pilot’s possession, can be assessed was at the low end of what the FAA could have sought reversed by the federal air surgeon, or a regional flight surgeon, under the sanction guidance table, representing a fraction of or the manager of the Aerospace Medical Certification Divi- the $17,600 maximum that could have been made for the sion (AMCD). The 60-day reversal period can be extended if 16-day period, at $1,100 per day. Nevertheless, I continue to advise that pilots should never the FAA requests additional information from the pilot within 60 days after the issuance. Then, the above-named officials voluntarily surrender a pilot or medical certificate to anyone— have 60 days after receipt of the additional information to including the FAA—until he or she has obtained some expert advice. This case represents a very limited exception. reverse the issuance.

Never voluntarily surrender a pilot or medical certificate until you’ve obtained some expert advice.

AOPA PILOT •

34 • MAY 2012

AOPA Pilot Magazine - May 2012

Table of Contents for the Digital Edition of AOPA Pilot Magazine - May 2012