AOPA Pilot Magazine - February 2016 - 24

SAFETY SPOTLIGHT

A kinder, gentler FAA

BY GEORGE PERRY

New policy is a move in the right direction

GEORGE PERRY

is senior vice
president of the
AOPA Air Safety
Institute.

MANY YEARS AGO, I was in Turkey with a group of
friends who wanted to go scuba diving. I had never
been diving before and did not have a Professional
Association of Diving Instructors (PADI) or any other
certification card. I went along for the ride just to hang
out on the boat while my friends dove. After the group
was under water, the Turkish dive master asked why
I wasn't taking part. I explained, "I'm not qualified."
To my surprise, he replied, "I don't care if you have
a PADI card. This is Turkey-those stupid rules don't
apply here. You know how to breathe, don't you? It's
fun. You should give it a try."
Not knowing any better and without anyone left
on the boat to talk me out of it, I did. After getting in
over my head (pun intended), I realized how much
trouble I was in. Luckily for me, one of my friends saw
the expression of near-panic on my face and quickly
guided me back to the surface.
My lapse in judgment almost got me into real
trouble, but it was an honest mistake. Aviation is no different. All pilots, even experienced ones, make mistakes.
Almost always, they learn, get better, and move on. I was
reminded of my diving misadventure by a recent interview with FAA Administrator Michael Huerta. In the
interview, Huerta discussed the FAA's recent policy
changes reflected in a new "Flight Standards Service
Compliance Philosophy," which attempts to resolve
deviations by reserving the strongest responses for pilots
whose behavior represents the greatest risk.
When you boil it down, pilots make two kinds of
errors: honest mistakes and willful violations. The first
occur when there's a deviation, but the oversight was
unintentional. The latter are a different story. These
transgressions usually involve a deliberate choice to
deviate from well-known rules that support safe flying.
One such deviation occurred in September 2015
outside Alma, Georgia. According to the NTSB preliminary report, an Experimental amateur-built Van's
RV-10 "was destroyed when it impacted trees following an uncontrolled descent" at about 3:42 a.m. The
pilot/owner/builder and four passengers were killed.
The report goes on to state that the pilot had been
issued a third class medical certificate four years earlier, and at that time had reported 25 hours of total
flight experience-but he did not hold a pilot certificate. This is an egregious example of a pilot who chose
to ignore the rules and put others in harm's way: first

24 | AOPA PILOT February 2016

by flying without a certificate, and then by putting five
adults in a four-seat airplane. FAA enforcement action
was not required as the pilot (and his unfortunate passengers) paid with their lives.
The FAA's new policy makes a distinction between
willful violations, such as this, and honest mistakes.
It's Huerta's intention to have the FAA move away
from an enforcement policy that has-by the agency's
own admission-"caused pilots to hide transgressions
because they're afraid they will be punished."
"When deviations from regulatory standards occur,
the FAA's goal is to use the most effective means to
return an individual that holds an FAA certificate or
license to full compliance, and to prevent recurrence,"
he said. This is a much evolved way of thinking and
one that recognizes some deviations arise from factors
such as flawed procedures, simple mistakes, a lack of
understanding, or diminished skills. Nobody is perfect.
I applaud Huerta for this bold policy change. Bravo
Zulu, sir! This really is a big deal, and he said as much
by noting, "This is a big cultural change, not just for us
at the FAA, but across the entire industry."
I believe safety has four major components: culture, mindset, practice, and procedures. This new
policy addresses all four in a positive way. It allows
FAA safety inspectors to use good judgment and determine the difference between a mistake and a deliberate
rule violation. They can then work with pilots to collect needed safety data, determine the root cause of
a deviation, and share the information so others may
learn. Meanwhile, if pilots make an honest mistake,
the policy change allows for corrective actions such
as remedial training, so that they can share their experiences with others and get back in the air as better,
safer pilots.
These latest safety philosophies recognize that
honest mistakes happen to all of us, and that they
should not be viewed as a failure but as "learning in
progress." Mistakes only become lessons learned when
they are shared widely. In order for this to happen,
there has to be a system in place that encourages sharing and removes the fear of reprisal for mistakes. It's
very encouraging to see the FAA move in this direction
because, if done correctly, it will change aviation's culture and support future safety improvements. AOPA
EMAIL george.perry@aopa.org

Table of Contents for the Digital Edition of AOPA Pilot Magazine - February 2016