Florida FAA Violations Attorney
Whether you are a pilot, flight engineer, air traffic control specialist, or otherwise in the aviation community, you hope to never receive an FAA Letter of Investigation. This letter indicates that the Federal Aviation Administration (FAA) is probing into a possible infraction of the Federal Aviation Regulations.
Your license to fly is a big financial investment. Being under investigation for a possible violation is stressful. Some violations are less significant than others, and some require aggressive aviation defense. When you need an FAA violation attorney to represent you in front of the National Transportation Safety Board (NTSB), call 321-558-2704 to reach Parikh Law.
Defending Yourself Against FAA Enforcement Actions With the Help of an Aviation Attorney
If you have been notified to call the tower or an FAA Supervisor, or if you receive an FAA Letter of Investigation, then contact Parikh Law. We have a team of Florida aviation transaction lawyers on staff, but that is not the only aviation matter we handle. Our special knowledge of aviation law and associated business concerns helps us to meet the unique challenges of dealing with an FAA enforcement action. Call now to learn more about what your next steps should be after being notified by the FAA.
FAA Letter Of Investigation (LOI)
If the FAA believes you violated one of the Federal Aviation Regulations then they may send you an LOI. In most cases, the FAA sends the letter by certified mail. They give you a chance to respond, but be aware that you are not obligated to. In fact, according to the Pilot’s Bill of Rights, the FAA is required to inform the individual in the LOI of the nature of the investigation, and that an oral or written response to the LOI is not required.
To prevent you from making an immediate statement that could hurt your case, you should talk to an attorney specializing in cases involving FAA enforcement actions. An experienced attorney can prevent you from saying anything that could unintentionally interfere with your case.
FAA Enforcement Actions
The FAA Enforcement Division begins the enforcement process to address alleged violations.
The policies and procedures for the enforcement process can be found in the FAA Compliance and Enforcement Program, Order 2150.3C.
Don’t be tempted to respond immediately. Rather, talk to an aviation attorney who can discuss with you the different options you have and the best course of action to take.
Informal Procedures
With the exception of an Emergency Order, the pilot can request an informal conference with an FAA attorney, the FAA Inspector, and the pilot’s own legal team. This allows the pilot or airman to present any mitigating evidence and factors for the FAA to consider, such as prior violations, the airman’s level of experience, and the nature of the violation. Sometimes the enforcement action can be resolved to the agreement of all parties during these procedures.
Certificate Actions
The FAA Enforcement Division can initiate a suspension or revocation of an airman’s certificate. You can appeal your revocation or license suspension to the National Transportation Safety Board (NTSB). Appeals are heard by an NTSB Administrative Law Judge (ALJ). You should always have legal counsel present when you go before an ALJ, who can advise you on your options for a successful outcome.
Notice of Proposed Certificate Action Notice/Proposed Civil Penalty Notice
A monetary penalty may be levied for a regulatory violation. You can respond to the notice by paying the penalty, or by requesting an informal hearing with your attorney and the ALJ and a copy of the enforcement investigative report (EIR).
It’s important to note that this letter does have a deadline, which is 15 days. If the letter is not responded to in time, then the FAA can assess a civil penalty of up to $400,000 against small businesses and non-individuals, and up to $50,000 against individuals.
Emergency Order
If the FAA has reason to believe that you are a threat to air safety, then they may issue an Emergency Order of Revocation, which will be effective immediately. This could put your investment of time and money into getting a pilot certification at risk. Parikh Law acts quickly to protect the rights of the airman’s certificate holder.
What Are the Penalties for an FAA Violation?
Civil penalties can be assessed by administrative procedures against an individual acting as a pilot, flight engineer, mechanic, or repairman, and include hefty fines and license revocation.
How Can an Attorney Help with an FAA Violation?
There are numerous reasons why the agency may initiate an investigation. Complaints can come from employees and staff, catching something amiss during routine surveillance, or not disclosing a past DUI conviction, among other reasons.
Whether you need to show up to federal court or before an administrative law judge (ALJ), make sure that you bring legal counsel with you to improve your chances of a favorable final outcome. Beyond needing a Florida aircraft purchase lawyer for the initial transaction, you need Parikh Law to provide legal assistance for a number of aviation matters including aviation transactions, aviator defense, regulatory compliance, and litigation. Call us now at 321-558-2704.