Inhofe said “This is a big victory for general aviation
pilots all across the country. Last year, I introduced
this bill and presented it to the general aviation
community at OSHKOSH. Thanks to the efforts of so many
pilots, and organizations like AOPA and EAA, we were
able to get this important bill passed. “Over
the course of my years in Congress, I have helped an
untold number of pilots facing the pressure of dealing
with the Federal Aviation Administration (FAA). This
bill remedies many of the most serious deficiencies in
the relationship between general aviation and the FAA,
and ensures that pilots are, like everyone else, treated
in a fair and equitable manner by the justice system.
Rod Hightower, Experimental Aircraft Association (EAA)
President/CEO said, “This is a very important win for GA
and protecting aviators’ rights. We especially
appreciate the bipartisan support in the Senate for the
measure and Sen. Inhofe’s dedicated efforts to move this
bill forward.”
Craig Fuller, Aircraft Owners Pilots Association (AOPA)
President said, “A year ago, Sen. Inhofe made a bold
decision to introduce legislation in support of pilots'
rights when general aviation seemed to be under attack
in Washington, D.C. His willingness to take a stand on
behalf of pilots, and his success in bringing this
measure through the Senate at a time when so much
legislation is at a standstill, are powerful testaments
to his commitment to protecting the freedom to fly. We
applaud Sen. Inhofe's ongoing work on behalf of general
aviation so it can continue to play an important role in
fostering economic development, providing personal and
business transportation, and delivering services to
millions of Americans.”
Details About The Pilots Bill Of Rights
Makes FAA Enforcement Proceedings and NTSB Review Fair
for Pilots
-
Requires NTSB review of FAA enforcement actions to
conform, to the extent practicable, with the Federal
Rules of Evidence and Federal Rules of Civil Procedure.
-
Requires the FAA to provide timely notice to a pilot who
is the subject of an investigation, and that any
response by the pilot can be used as evidence against
him.
-
Requires that in an FAA enforcement action against a
pilot, the FAA must grant the pilot all relevant
evidence 30 days prior to a decision to proceed with an
enforcement action. This is currently not done and often
leaves the pilot grossly uninformed of his violation and
recourse.
-
Makes contractor-run flight service station and contract
tower communications available to airmen. Currently, if
a request is made for flight service station information
under FOIA, it is denied to the requestor because the
contractor is not the government, per se. However, the
contractor is performing an inherently governmental
function and this information should be available to
pilots who need it to defend themselves in an
enforcement proceeding.
-
Removes the special statutory deference as it relates to
National Transportation Safety Board reviews of FAA
actions. Too often the NTSB rubber stamps a decision of
the FAA, giving wide latitude to the FAA and making the
appeals process meaningless. This returns NTSB’s
deference to the FAA to general administrative law
principles, just like every other government agency.
-
Allows for Federal district court review of appeals from
the NTSB, at the election of the appellant. This is
important because a review by the Federal district court
is de novo, meaning the pilot gets a new trial with the
ability to introduce evidence and a new review of the
facts.
NOTAM Improvement Program
-
Requires that the FAA undertake a NOTAM Improvement
Program, requiring simplification and archival of NOTAMs
in a central location. The process by which Notices to
Airmen are provided by the FAA has long needed revision.
This will ensure that the most relevant information
reaches the pilot. Currently, FAA makes pilots
responsible for knowledge of pre-flight conditions.
Non-profit general aviation groups will make up an
advisory panel.
Medical Certification Review
- The FAA’s medical certification process has long
been known to present a multitude of problems for
pilots seeking an airman certificate. The bill
requires a GAO review of the FAA’s medical
certification process and forms, with the goal of
demonstrating how the FAA can provide greater
clarity in the questions and reduce the instances of
misinterpretation that have, in the past, lead to
allegations of intentional falsification against
pilots. Non-profit general aviation groups will make
up an advisory panel, which will give advice to the
FAA on how the medical certification process can be
improved. The FAA is required to take appropriate
action on the GAO recommendations within one year.
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