IA CRITICAL UPDATES 2015

Transcription

1 IA CRITICAL UPDATES 2015 Mark E. Wishart FAAST Team Lead Rep

2 CRITICAL UPDATES 2015 Overview Paper A&P No Longer Valid after Still seeing paper certificates How to replace your certificate How to change your certificate from SSAN to a new number it s free Change your certificate to reflect Charles Taylor on back side Pilots Bill of Rights How does it affect you?

3 COURSE OBJECTIVES To Explain Airman Certificates Updates and change process. To Clarify and explain FAA Pilot s Bill of Rights and How it Effects Other Airmen YOU the IA.

4 14 CFR Duration of certificates (d) Except for temporary certificates issued under 65.13, the holder of a paper certificate issued under this part may not exercise the privileges of that certificate after March 31, 2013.

5 14 CFR Replacement of certificate (b) An application for a replacement of a lost or destroyed certificate is made by letter to the Department of Transportation, Federal Aviation Administration, Airman Certification Branch, Post Office Box 25082, Oklahoma City, OK The letter must

6 Replacement of certificate (con t) (1) Contain the name in which the certificate was issued, the permanent mailing address (including zip code), social security number (if any), and date and place of birth of the certificate holder, and any available information regarding the grade, number, and date of issue of the certificate, and the ratings on it; and

7 Replacement of certificate (con t) (2) Be accompanied by a check or money order for $2 (as of 28 Sept 2015), payable to the Federal Aviation Administration.

8 New design for Mechanic and Repairman certificates On January 1, 2013, Airmen Certification will begin issuing Mechanic and Repairman certificates with a new design on the back of the certificate honoring Charles Taylor. Since the introduction of the updated airman certificate in 2003, the Mechanic and Repairman community have requested that FAA issue a certificate that represents the contributions of Mr. Charles E. Taylor, who served as the Wright brothers mechanic and was credited with building the engine for the 1903 Wright Flyer. The new design will be printed on all original and replacement airman certificates issued after January 1, 2013, to Mechanics, Repairmen, Repairmen (Experimental Aircraft Builder), and Repairmen (Light Sport Aircraft). Mechanic and Repairman certificate holders are not required to replace their current plastic certificate. An airman may obtain the new style Mechanic, Repairman certificate with Mr. Taylor s likeness by submitting a $2.00 replacement fee by visiting the Registry s website, by mailing a signed replacement request, or by completing an application for an added rating or other change.

9 Example of new back

10 How to Replace your certificate by the Internet REPLACE that paper certificate! Protect your Identity by CHANGING your number from your SSAN to current numbering system. Get the NEW A&P certificate with Charles Taylor on the back.

11 CLICK HERE

12 CLICK HERE

13 CLICK HERE

14 CLICK HERE

15 Create an Airmen Services Account Enter the information below exactly as it appears on your most recent certificate. Note Certificate numbers are entered as numeric digits only without a prefix or suffix. If you do not have a valid certificate you will not be able to gain access. Your provider may have aspam blocker in place which will not allow from the Civil Aviation Registry to be delivered to you unless you specifically set your preferences to always accept mail from 9-AMC-AFS705-WebAdmin@faa.gov Airmen Information * First and Middle Name: * Last Name: Suffi>< (Jr II): * Date of Birth: * Certificate Number: * Address: * Verify E- Mail Address: ==:::;- v -' I Day: Year: I - - (Maximum 9 numeric digits only)

16 Add Number

17 After FAA Provides New account log-in ENTER HERE

18 After FAA Provides New account log-in ENTER HERE

19 S Pilot s Bill of Rights S (112 th ): Pilot s Bill of Rights Introduced: Jul 06, 2011 (112 th Congress, ) Sponsor: Sen. James Jim Inhofe [R-OK] Status: Signed by the President The bill s title was written by the bill s sponsor. S. stands for Senate bill.

20 What is This Pilot s Bill of Rights? From Yodice Law Firm Because the language that describes what the FAA does when you submit an application probably hasn t mattered much to you up to now. But the next time you submit an application to the FAA, you may be surprised, even alarmed, to receive written notification from the FAA that you are under investigation. You may even be required to sign an official-looking form that is meant to prove that you received that notification. I would certainly be asking about what is going on. The reason for the change is simple, and it s good for airmen. You will now be receiving a written notification of an investigation every time you apply for a certificate, including each time you pilots visit your AME, because of the newly enacted Pilot s Bill of Rights. Let me explain why this is a good thing.

21 From Yodice Law Firm (con t) In early August, the president signed into law the Pilot s Bill of Rights, which was legislation introduced with the purpose of making changes to the FAA s enforcement process to help put fairness back into that process. One of the changes made by the law requires that the FAA provide timely, written notification to an individual who is the subject of an investigation relating to the approval, denial, suspension, modification, or revocation of an airman certificate. Too often, an FAA inspector or an FAA air traffic controller would seek out a pilot to ask about a flight incident and the pilot would understandably respond, honestly and often with a lot of information that the FAA could use against the pilot. The pilot would not realize or understand that the FAA was investigating his or her conduct as a possible violation of the FAA s regulations, nor would the pilot understand that there was often no obligation to provide the FAA with the information being requested. So, the Pilot s Bill of Rights requires that the FAA notify a pilot about an FAA investigation and specifically inform the pilot that the information obtained could be used against him or her, so that the pilot could fairly understand the reason for the FAA s inquiry and be able to make informed decisions about responding to that inquiry.

22 From Yodice Law Firm (con t) The same reasoning holds true for an application being submitted to the FAA. As you have no doubt noticed, when you sign any FAA application form, you are certifying that the information you have provided on the form is true and accurate to the best of your knowledge, and you are agreeing that the information may be used by the FAA to determine whether to issue the certificate or rating to you. The FAA fully expects you to be truthful and accurate and complete with the information that you provide. If you fail in this regard, and the FAA finds out about it, the FAA takes the ultimate sanction against you revocation of all of the certificates you hold based on charges of intentional falsification. (You may be thinking, I would never falsify information I m giving to the FAA on an application but making a mistake, even an understandable one, in an answer to an FAA question can result in an FAA accusation of falsification and enforcement action. We often help members of the AOPA Legal Services Plan/Pilot Protection Services where the truthfulness of a statement in the paperwork is at the heart of the issue). Furthermore, providing false information on your application can subject you to criminal penalties, including jail time and hefty civil penalties. So, this new additional step of notifying you that you are under investigation in connection with your application is, in my view, an additional safeguard to remind you of the FAA s expectation that you have read the questions on the application form, that you understand the reason for the questions, and that you answer each of the questions correctly to the best of your knowledge.

23 What the experts are saying Think the Pilot s Bill of Rights Doesn t Apply to Mechanics? Think Again. - John Goglia Posted by topwrench on at 09:52 AM

24 More of what they are saying AIN Blog: Torqued: Pilots Bill of Rights Is Really a Bill of Goods by JOHN GOGLIA October 2, 2012, 2:15 PM

25 More of what they are saying Pilot's Bill of Rights passes Senate AOPA By Alyssa J. Miller

26 More of what they are saying Pilot s Bill of Rights introduced in House AOPA By Dan Namowitz

27 Staying Legal: Mechanics Bill of Rights Most mechanics who are also pilots have no doubt read of and heard about the recent law signed by the President called the Pilots Bill of Rights. Well, we should know that this law also includes mechanics, IAs, and all other certificated airmen including air traffic controllers, dispatchers, and any others holding airman certificates. It should be titled the Airmans Bill of Rights. Lets take a look at it.

28 Rule changes: deference, sanctions, and appeals venue For years the NTSB had to give what is called deference to legal interpretations that were rather obscure and known mostly by the FAA prosecutors. Many times it came as a surprise to the airman that a legal interpretation not in his favor even existed. This concept has now been rescinded. The Board is no longer forced to follow the legal interpretations that are submitted by the FAA in support of their case. It can interpret the law as it sees fit.

29 Deference, sanctions, and appeals venue (con t) Furthermore, the administrative law judges who hear enforcement cases are no longer bound by what the FAA says is the appropriate sanction to be imposed on an airman for a particular infraction. Now the judge will have more discretion regarding any sanction to be imposed.

30 Deference, sanctions, and appeals venue (con t) Finally, and most importantly, the law adds an additional level of appeal from any final decision of the full NTSB, in that you may now file a further appeal in either of two places a U.S. District Court in your district, which is new, or in the appropriate U.S. Circuit Court of Appeals which has always been available. This is significant. The addition of the U.S. District Court as an appeal and trial venue gives you a direct appeal to your own local U.S. District Court rather than going to the U.S. Circuit Court of Appeals, which would be much more expensive. A U.S. District Court hearing, will give you a full independent review of your case, in essence a new trial. This is important because you can therefore litigate your case all over again and correct any adverse evidence to the extent possible.

31 Deference, sanctions, and appeals venue (con t) Whereas, a Circuit Court of Appeals will only look at the record that is already established in the NTSB hearings it is not a de novo review like you get in the District Court. You don t need a lawyer to bring your appeal in the District Court. The court is designed to allow citizens to bring their cases on their own if they choose and is very careful to guard a citizen s rights when confronting the government. The District Court is your court and caters to the local population in the district. Needless to say, your own U.S. District Court judges are usually local people who will perhaps know much more about your case than a far away Circuit Court of Appeals or the NTSB for that matter. Your chance of success on the merits of your case is increased markedly, in my opinion.

32 Evidence details The law also provides for an expansion of defense areas relating to the denial, amendment, modification, suspension, or revocation of any airman certificate, and of course your IA authority. As far as mechanics and IAs are concerned violations of Part 43 and other maintenance-related regulations are relevant. Although most of the defense techniques described regarding enforcement actions have been in existence for some time, there have been some new additions, for example:

33 Deference, sanctions, and appeals venue (con t) 1. There is now a clear statement that says any proceeding against an airman shall be conducted to the extent practicable, in accordance with the Federal Rules of Civil Procedure and the Federal Rules of Evidence.

34 Deference, sanctions, and appeals venue (con t) 2. The second item of interest is the matter dealing with notification to the airman. It says that, the Administrator shall provide timely, written notification to any individual who is the subject of an investigation relating to the approval, denial, suspension, modification, or revocation of an airman certificate under Chapter 447 of title 49 US Code. (Deals with sanctions on certificated airmen.) This section has always been the rule and the Administrator with few exceptions has generally followed this procedure.

35 Deference, sanctions, and appeals venue (con t) 3. The law goes on to say that the airman can obtain the so-called releasable portions of any investigation report and in addition any air traffic data, relevant to a case, including recordings of ATC communications. This also has always been the case, but you had to ask for the information. For a mechanic s case it of course could include any maintenance records relevant to the charges including FBO records and any other records.

36 Why do these rules apply to IAs? IAs must hold A&P certificates therefore they are certificated airmen. A recent FAA document makes this clear. The document is titled Requirements for Written Notification During Investigations of Airman Certificate Holders or Applicants (N ). It s further titled National Policy at its heading and its effective date was Aug. 8, It is curious that no one that I know ever heard of this document so far this year but it is policy now. Of course we all don t read Flight Standards Information Management System handbook (FSIMS) nor peruse FAA.gov on a regular schedule, but that is where you can find this Notice document and its guidance to inspectors at the various FSDOs around the country.

37 Does this form violate due process? This document is similar to a Miranda warning, which is used to caution one detained on a criminal charge. However in our case there is none and there is no probable cause involved. Many claim that its use could be challenged on this point alone, as criminal attorneys might suggest

38 Deference, sanctions, and appeals venue (con t) In addition, it may even be tramping on the Americans With Disabilities Act where it says you "must be physically able to perform the duties related to the certificate you are applying for Nowhere in the FAR or other parts of the regulations do we find this kind of language with respect to applying for any kind of certificate. Pilots already get a flight physical, what are they going to do now, demand a physical exam for all the other certificates? How are they to determine whether or not someone is physically able to perform? They have no training in this area.

39 Deference, sanctions, and appeals venue (con t) Finally, it appears clear that only IAs are required to renew their certificates (authority) every two years and have to execute this ersatz Miranda warning document; no other certificate holders have an annual or biannual renewal requirement, except of course, flight instructors. In their case, there is no performance requirement, only the attendance at a renewal educational seminar, just like IAs.

40 Deference, sanctions, and appeals venue (con t) Some observers have suggested that the whole affair regarding this Miranda form and so-called policy publication addition is nothing more than a continuing attack against senior IA holders and a clear attempt to continue the effort to intimidate them and others into leaving the profession. What do you think?

41 Deference, sanctions, and appeals venue (con t) Stephen P. Prentice is an attorney whose practice involves FAA-NTSB issues. He has an A&P certificate and is an ATP rated pilot. He is a USAF veteran. Please send comments to aerolaw@gmail.com.

42 SOME RECOMMENDATIONS Subscribe to NPRM s Review NPRM website perodically Review the CFR s that apply to you Attend FAA Safety Seminars and Website Ignorance of the Law is not an acceptable excuse

43 About Kathy Yodice Kathy Yodice is an aviation attorney for AOPA s Pilot Protection Services and Legal Services Plan. She s assisted AOPA members for more than 13 years and is a former FAA attorney. Kathy owns a Cherokee 180 and has been a pilot since 1994.

44 YODICE Law Firm contact Kathleen A. Yodice, Esq. Law Offices of Yodice Associates 411 Aviation Way, Suite 245, Frederick MD 21701, , fax

45 Web Link References

46 My Contact Information Mark E Wishart Wishart Enterprises Inc., President we2001@comcast.net

47 TIME FOR QUESTIONS? SUMMARY: