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possible FAA action... flight or fight?
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August 25th 05, 02:14 AM
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wrote:
I got in a little trouble with the FAA and they want to take my license
for 6 months. Now their case isn't too strong (and based very much on
the subjectivity of "safe" and not on any clear cut violation of a
FAR). I'm trying to decide whether to fight it (expensive attorney
fees) or just suck it up and take some time off flying (which I
desperately don't want to do since I fly a lot and use my plane for
business).
There's simply too many variables here to offer specific advice or
uneducated opinion. At the very least you will want to consult with a
lawyer before taking any action. The big thing to keep in mind is that
enforcement actions are adjudicated under administrative law which has
different standards of evidence than what you see on Law and Order.
There is no presumption of innocence so if it is your subjective
interpretation of the FARs versus the FAA's, you stand a very good
chance of losing.
As for the lack of a clear-cut violation, there are plenty of "gotcha"
clauses to make sure they can always get you on something.
One thing you've not given us is where you are in the process. Were you
invited to an informal conference at all, or are they just going
straight after you? If they've already decided to send you straight to
the firing squad, then the only risk of fighting is to your wallet. If
on the other hand they're offering a "plea bargain" of sorts and you
lose the fight, then you risk having the book thrown at you.
-cwk.
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