AOPA Turbine Pilot Magazine - November 2018 - 106

NEWS & NOTES
LEGALLY SPEAKING

MEMBER SERVICES

709 rides

may have played a role in the event. The
FAA's letter should indicate what certificate is being reexamined and which tasks
will be evaluated during the reexamination. For example, if you ground-looped
your tailwheel aircraft, the reexamination will focus on takeoffs and landings
rather than less-relevant areas such as
cross-country planning or navigation.
By contrast, a 709 ride following a fuelexhaustion event is likely to focus heavily
on flight planning and may be a tabletoponly exercise with no actual flying.
Although you may have previously
passed your checkride with ease, it's
important that you take the 709 ride
seriously. Take time with an instructor to review and practice the required
maneuvers or knowledge items in preparation for the reexamination. While the
FAA often provides a second chance to
pass the reexamination, it will typically
request that you put your certificate on
deposit in exchange for a temporary certificate that does not allow passenger
carriage. Continued failure to perform to
the standards of your certificate will result
in revocation.
Fortunately, once you finish your
training and successfully pass the reexamination, your case will be closed and

the action will be removed from your
airman record within 90 days. If you
ever receive a request for a 709 ride,
call the AOPA Legal Services Plan at
800-872-2672.

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When the FAA requests
a reexamination
B Y R AY C A R V E R
THE FAA OFTEN RESPONDS to accidents

and incidents by requesting a reexamination under 49 U.S.C. § 44709, also known
as a "709 ride." Section 44709 gives the
FAA broad authority to reexamine,
among other things, any airman holding
an airman certificate. Pilots involved in
accidents or incidents often find it difficult to challenge the request because the
FAA is only required to show a "reasonable basis" for the reexamination.
While the bar may be low to request a
709 ride, the scope of the reexamination
should be tailored to those areas in which
the FAA believes a lack of competency

Although you may have
previously passed your
checkride with ease, it's
important that you take the
709 ride seriously.

RAY CARVER is a staff attorney with

AOPA's Legal Services Plan, offered as
part of AOPA's Pilot Protection Services.

www.aopa.org/pps

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106 | AOPA PILOT November 2018

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AOPA Turbine Pilot Magazine - November 2018

Table of Contents for the Digital Edition of AOPA Turbine Pilot Magazine - November 2018