Monday, July 11, 2011

Senator James Inhofe "Pilot" Bill of Rights

1st NW Quadrant: The Approval Matrix

Ø Requires that in an FAA enforcement action against a pilot, the FAA must grant the pilot all relevant evidence 30 days prior to a decision to proceed with an enforcement action. This is currently not done and often leaves the pilot grossly uninformed of his violation and recourse.

Ø Clarifies statutory deference as it relates to National Transportation Safety Board (NTSB) reviews of FAA actions. Too often the NTSB rubber stamps a decision of the FAA, giving wide latitude to the FAA and making the appeals process meaningless.

Ø Allows for federal district court review of appeals from the FAA, at the election of the appellant.

Ø Requires the FAA undertake a Notice to Airmen (NOTAM) Improvement Program, requiring simplification and archival of NOTAMs in a central location. The process by which NOTAMs are provided by the FAA has long needed revision. This will ensure that the most relevant information reaches the pilot. Currently, FAA makes pilots responsible for knowledge of pre-flight conditions. Non-profit general aviation groups will make up an advisory panel.

Ø Makes flight service station communications available to all airmen. Currently, the FAA contracts with Lockheed Martin to run its flight service stations. If a request is made for flight service station briefings or other flight service information under FOIA, it is denied to the requestor because Lockheed Martin is not the government, per se. However, they are performing an inherently governmental function and this information should be available to pilots who need it to defend themselves in an enforcement proceeding.

Ø The FAA’s medical certification process has long been known to present a multitude of problems for pilots seeking an airman certificate. The bill requires a review of the FAA’s medical certification process and forms, to provide greater clarity in the questions and reduce the instances of misinterpretation that have, in the past, lead to allegations of intentional falsification against pilots. Non-profit general aviation groups will make up an advisory panel.

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