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

AMT Day 2023 – Celebrating Charlie

Charles Taylor, the Wright Brothers’ mechanic and father of aviation maintenance, was born on May 24, 1868. Now – 155 years later – we celebrate him with every safe arrival…Read More

GAO Workforce Report Makes Limited Use of Misleading Data

On May 17, the U.S. Government Accountability Office (GAO) released a report on the “Current and Future Availability of Airline Pilots and Aircraft Mechanics.” The GAO’s analysis reads like a…Read More

Live Training Sessions

Stay smart. Stay current. Stay out of trouble with ARSA training.…Read More

Training – Part 43 for Repair Stations

On June 14 at 11:00 a.m. EDT, ARSA Vice President of Operations Brett Levanto will lead an online training session covering 14 CFR part 43 that highlights the interplay between…Read More

Training – An Overview of Part 91

On May 31 at 11:00 a.m. EDT, ARSA Executive Vice President Christian Klein will lead an online training session overviewing 14 CFR part 91. Description: This session overviews the general…Read More
Schaeffler Aerospace
ARSA