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Old October 28th 09, 06:48 PM posted to rec.aviation.piloting
Jim Logajan
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Posts: 1,958
Default FAA throws pilots under the Airbus

"Dan Luke" wrote:
Is there such a thing as an emergency suspension vs. revocation?


According to this FAA order document, yes on both counts:

http://www.faa.gov/documentLibrary/m...ND/2150.3B.pdf

It's a long document, so the following is probably incomplete, but it
appears that "emergency revocation" is considered appropriate when:

(1) During criminal investigations when the underlying conduct evidences
a lack of qualification by a certificate holder.

(2) Operation of a common carrier while under the influence of alcohol or
drugs.

(3) When the FAA believes the certificate holder lacks the qualifications
to hold the certificate and the certificate holder is capable of
exercising the privileges of the certificate.

(4) When the FAA finds that an emergency exists and safety in air
commerce or air transportation require the order to be effective
immediately.

(5) Because of an airman's refusal to submit to a reexamination following
an accident or incident that calls into question his or her qualification
to hold the certificate.

(6) Based on the airman's having committed several regulatory violations
during the course of the accident or incident.

But then the document states this:

"d. Criteria for Emergency Action.
(1) Emergency action is taken only:
* When the certificate holder lacks qualification, or there is a
reasonable basis to question whether the holder is qualified to
hold the certificate; and
* When the certificate holder is reasonably able as a practical
matter to exercise the privileges of the certificate."

The information provided by the FAA is scant, but based only on what I've
seen alleged, the only reason that seems to apply is (6). And in this
case there was no accident - only an incident (per the definition in FAR
830.2)

I believe the "emergency revocation" is due to public posturing by the
agency rather than a legitimate safety measure.