ARSA RSS Feed ARSA LinkedIn
Ask ARSA Pay ARSA

Inhofe Introduces Bill to Expand Due Process Protections [With ARSA’s Help]

On Feb. 26, Sen. Jim Inhofe (R-Okla.) introduced the Pilot’s Bill of Rights II (S. 571), legislation to expand due process protections for FAA certificate holders.  Companion legislation was also filed in the House (H.R. 1062).

Building upon the Pilot’s Bill of Rights I, which was enacted in 2012 to benefit pilots, the new bill extends procedural safeguards to other FAA certificated entities, by:

  • Requiring NTSB review of FAA enforcement actions to conform, to the extent practicable, with the Federal Rules of Evidence and Federal Rules of Civil Procedure.
  • Mandating the FAA to provide timely notice to a certificate holder who is the subject of an investigation, and that any response by the certificate holder can be used as evidence against them.
  • Requiring that in an FAA enforcement action against a certificate holder, the agency must provide all relevant evidence 30 days prior to a decision to proceed with an enforcement action.
  • Removing the special statutory deference as it relates to National Transportation Safety Board (NTSB) review of FAA actions for all certificate holders.

Additionally, the proposal mandates the FAA must articulate the specific incidents being used to begin enforcement proceedings against covered certificate holders and prohibits certain actions if the agency fails to provide timely notification of an investigation’s initiation.

The legislation also includes an ARSA-proposed provision limiting the ability of the FAA to reexamine an airman certificate holder unless there is clear evidence of wrongdoing or unsafe behavior.  Even after retesting, the agency many not amend, modify, suspend, or revoke the certificate unless the person lacks the skills or competency to hold the certificate or the certificate was obtained by fraudulent means.

“ARSA commends Sen. Inhofe and the bill’s cosponsors for protecting basic due process for all FAA-certificated entities,” said Daniel B. Fisher, ARSA’s vice president of legislative affairs.  “Expanded protections are particularly important for individuals and small to medium-sized businesses who suffer most from time-consuming FAA enforcement processes, often with little basis or real safety issue. ARSA looks forward to working with Sen. Inhofe to improve upon his legislative language to ensure all FAA certificate, approval and authorization holders are afforded procedural protections and treated equally.”

Take part in the association’s advocacy on Capitol Hill. Join us for Legislative Da on March 18, 2015.

 



More from ARSA

FAA and EASA Publish MAG Change 9

On June 20, the FAA and EASA released change 9 to the Maintenance Annex Guidance associated with the bilateral agreement between the two civil aviation authorities. The compliance date for…Read More

Wait & See – The Name Game

Thank you to those who helped with the most pressing element of ARSA’s establishing a complementary 501(c)(3) charitable organization to support aerospace maintenance career development. The new organization will provide a means…Read More

ARSA Leads “Can do” Panel, EASA Shares SMS Compliance Date

From June 11-13, ARSA’s leadership team participated in the 2024 FAA-EASA International Aviation Safety Conference in Washington, DC. The annual event alternates between Cologne and the American capital city as…Read More

Repairman History Points ARAC to Certificate’s Future

On June 13, the FAA Aviation Rulemaking Advisory Committee (ARAC) received the final report of its Repairman Certificate Portability Working Group. The report includes thorough regulatory analysis in response to…Read More

Hotline Highlight – Crawfish with Charlie

The hotline – ARSA’s premier member newsletter – contains news, editorial content, analysis and resources for the aviation maintenance community. All members should ensure they receive their edition the first…Read More
ARSA