AOPA Pilot Magazine - February 2023 - 108

FLY WITH AOPA
LEGALLY SPEAKING /
Be cooperative
The role of one's attitude in FAA investigations
BY RYAN KING
THE FAA'S COMPL IANCE program requires
a pilot to be " willing and cooperative. " The
FAA's typical approach to inadvertent noncompliance
is to use a compliance action:
an informal process of identifying and fixing
the root cause in lieu of an enforcement
action. This resolution may range from
an informal verbal discussion to a formal
training syllabus, as opposed to a certificate
suspension or revocation that can result
from enforcement action. Sometimes, however,
pilots can be adversarial and defensive
when they are informed of a potential pilot
deviation and investigation. Being unwilling
to participate in the compliance program
disqualifies one from being considered for
compliance action.
Pilots reacting defensively to FAA investigations
is not entirely unreasonable or
unjustified. Until late 2015, the FAA was in
a strict enforcement mode when it pursued
enforcement actions in most cases where
a deviation was reported. In 2015 alone,
1,771 legal enforcement actions were taken,
many of which resulted in suspensions and
revocations. Consequently, many pilots
developed a distrust of the FAA. By 2021,
however, there were 1,017 enforcement
actions, and that number included a spike in
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108
AOPA PILOT / February 2023
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unruly airline passenger incidents. In contrast,
there were 5,241 compliance actions.
Starting in late 2015, the FAA shifted its
focus to training and education to achieve its
goal of aviation safety. The data shows that
this has been as effective as the prior focus
on harsh enforcement. Another observation
we can take from these statistics is that the
FAA is following up with more reports of
potential deviations than they were previously.
This may be because FAA staff are not
tied up with enforcement actions.
The compliance program requires
a " cooperative attitude " from the pilot.
Many may be left scratching their head
in wonder at this term. This is especially
true when considering the FAA's history
of strict enforcement, but also when considering
the Pilot's Bill of Rights. After all,
don't you have the right to not give a statement
to the FAA? Will getting a lawyer be
perceived as being suspicious or not having
a " cooperative attitude " ? Although
getting a lawyer before responding may
be perceived negatively by some, it is your
right, and the FAA states that the agency
will not hold it against you.
Declining to answer questions until
you have had the opportunity to speak
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with a lawyer is also not considered an
uncooperative attitude. Having the appropriate
attitude is more about being polite
and courteous with the inspector instead
of being adversarial, defensive, or combative.
Being respectful does not necessarily
require a pilot to answer questions over
the phone. When contacted by an FAA
inspector, we often recommend that a
pilot politely request any questions be
sent in writing via email, then have an aviation
attorney review the responses prior
to sending back to the inspector.
There are certainly times when the
FAA inspector may get it wrong and there
may be a case to litigate, but often, it is best
to work with the FAA inspector toward a
common goal of aviation safety. Ryan
King is an attorney for AOPA Legal Services.
aopa.org/pps
AV I AT ION F INANCE
Adam answers /
BY ADAM MEREDITH
President, AOPA Finance
Q: What is the process for
financing an airplane and
what are the rates?
A: The process can be timeconsuming
depending on
your financial picture. You
fill out an online application
and provide supporting
documentation (the timeconsuming
part). The loan is
then submitted to a lender
for approval. Once approved,
the lender will coordinate
the closing. Rates have been
increasing over the past few
months as a result of the
Federal Reserve's attempts
to address inflation. As of
this writing, financing is as
low as 3.99 percent fixed for
up to 10 years.
aopafinance.org
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AOPA Pilot Magazine - February 2023

Table of Contents for the Digital Edition of AOPA Pilot Magazine - February 2023
