Max talks with Mark Kolber, an aviation lawyer and CFI, about the FAA’s compliance program. The conversation starts with Max highlighting an interesting piece Mark wrote, stating that he prefers to assist clients such that the FAA Flight Standards District Office (FSDO) remains unaware of his involvement. Mark explains that lawyers can often be off-putting in such scenarios, and sometimes it’s best to guide clients on how to handle the situation themselves rather than intervening directly. He assesses each case to determine the necessity of his involvement based on its severity and likelihood of formal enforcement.
Max then inquires about the history and evolution of the FAA’s compliance program. Mark outlines that the compliance program, which started in 2015, added a new dimension to the existing system. Previously, pilot deviations, such as altitude infringements or airspace violations, led to investigations that could escalate to formal enforcement, involving warning notices, letters of investigation, and potentially trials before the National Transportation Safety Board (NTSB) or even federal courts.
With the compliance program, the FAA shifted from a punitive approach to a more rehabilitative one. The program aims to handle deviations through retraining and discussion rather than punishment. This change encourages a more open dialogue between pilots and the FAA, promoting safety culture where pilots are more willing to report mistakes without fear of severe repercussions.
Mark recounts an example from 2016 where a pilot violated a Temporary Flight Restriction (TFR) during the presidential election period. By being proactive and logging the necessary remedial training with his instructor, the pilot was able to resolve the issue without formal enforcement. This example underscores Mark’s advice to be proactive and address issues head-on through training relevant to the violation.
Max and Mark discuss how the compliance program’s non-punitive philosophy aligns with broader safety programs in aviation, emphasizing the importance of open communication and remedial training to improve overall safety. Mark notes that the program has been generally successful, though it has also allowed the FAA’s legal department to focus more on serious violations due to reduced caseloads from minor infractions being handled at the FSDO level.
Max asks about the process pilots should follow if they receive a call from the FAA. Mark advises not to answer immediately but to listen to any voicemails first. This approach allows the pilot to consider their response carefully. He also stresses the importance of filing a NASA form, which can offer protections if the case goes to formal enforcement. Mark highlights that seeking professional advice at this stage is crucial, even if it’s just for guidance rather than full legal representation.
The conversation shifts to the types of cases that might not be suitable for the compliance program. Mark explains that egregious violations, such as fraud, logbook falsification, and repeat offenses, are typically not handled within the compliance program. Instead, these cases often lead to formal enforcement actions. He emphasizes that the FAA prioritizes compliance and safety, and non-compliant or deceitful behavior is treated more severely.
Max and Mark then explore various scenarios and outcomes within the compliance program. Mark illustrates how being proactive about training and addressing issues can often result in favorable outcomes, such as avoiding formal enforcement. However, he notes that in some cases, particularly severe or fraudulent ones, formal enforcement might be unavoidable.
Mark advises against the old notion of avoiding FAA contact to escape identification, pointing out that with modern technology like ADS-B, the FAA can track aircraft movements accurately. He shares anecdotes of pilots attempting to evade detection but ultimately being found by the FAA. He asserts that cooperation and transparency are generally more effective approaches.
The discussion concludes with practical advice for pilots who receive a Brasher warning, which is an ATC request for a pilot to contact the tower following a deviation. Mark recommends making the call but keeping it brief and factual, providing only necessary information. He stresses the importance of not making any admissions during the call, which could be used against the pilot later.
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