Leagal Questions Asked By Pilots  

FREQUENTLY ASKED QUESTIONS  

Where do I send my notification letter? 

AAC-700, P. O. Box 25810, Oklahoma City, OK 73125 

Do I have to report anything other than alcohol- or drug-related convictions?

Yes, alcohol-related administrative actions, whether or not a conviction has taken place, must also be reported under Part 61. Administrative actions and convictions are also considered reportable under Part 67, which pertains to an airman application for a medical certificate. 

How long do I have to report my alcohol- or drug-related motor vehicle action (MVA)?

60 days from the effective date of the administrative action (e.g. drive license suspension, revocation or cancellation) or conviction. (The 60-day period does not begin to run from the arrest date.) 

What happens when I report an alcohol- or drug-related MVA within the 60 days?

An information file is compiled. Airman status is verified. Driver history is obtained from the state that holds the record. Information from notification letter is compared to the information on the driver history. Providing that the airman is not in violation of 61.15(d) (two MVA's within 3 years), the file is closed by indicating airman is in compliance with 14 CFR 61.15(e).

I received an alcohol- or drug-related MVA, but I failed to report it within the 60 days. What should I do?

Report the MVA as soon as you become aware of the reporting requirement. A voluntary written report after the 60 days, but before the FAA discovers the alcohol- or drug-related MVA, may be considered a mitigating factor when an appropriate sanction is being evaluated.

What happens if I fail to report an alcohol- or drug-related MVA and FAA finds out about it?

A case file is compiled. Airman status is verified. Driving history and the administrative action and/or conviction documents are obtained. Prior violation history, if any, is obtained. Application for medical certificate (FAA Form 8500-8) is obtained. A Letter of Investigation is sent to the airman, giving the airman the opportunity to respond, in writing, to the alleged violation. Upon receiving a written response from the airman (or following a reasonable period of time if no response is received), the case file is completed and forwarded to the Assistant Chief Counsel's Office, AMC-7 (Oklahoma City, OK), for legal enforcement action.

What is the standard penalty for failure to report an alcohol- or drug-related MVA?

Failure to report a SINGLE MVA generally results in a 30 day suspension of any certificate issued under Part 61. However, mitigating and aggravating factors are always taken into consideration when determining an appropriate sanction.

What is the standard penalty for two alcohol- or drug-related MVAs within a three year period (14 CFR 61.15(d))?

Generally,when two MVAs are properly reported, a 120 day suspension of all Part 61 certificates is appropriate. However, if the MVAs were not reported, the sanction is increased by 30 days for each MVA not reported.

What is the standard penalty for falsification of a medical certificate application (FAA Form 8500-8)?

Generally a 60 day suspension of your airman certificates is imposed along with a revocation of your medical certificate. However, mitigating and aggravating factors are always taken into consideration when determining sanctions.

Will the FAA discover that I have an alcohol- or drug-related MVA if I don't report it?

Yes, FAA Form 8500-8 "Application for Airman Medical" contains an express consent provision which authorizes the FAA to obtain information pertaining to your driving record from the National Driver Register (NDR). Information on the NDR record will contain pointers to states that maintain any driving history on you. These records will be obtained via the National Crime Information Center (NCIC) system in order to verify if your record contains an alcohol- or drug-related MVA.

Who has access to the records maintained by the DUI/DWI Compliance Program?

Only agents assigned to the DUI/DWI program have access to the information files regarding the respective pilots.

I have some questions that this page didn't address, how can I contact your office for more information?

A DUI/DWI agent may be contacted at (405) 954-4848 Monday through Friday from 7:00AM to 4:30PM Central Time for clarification of information. However, be aware that you may not submit notification of an alcohol- or drug-related MVA telephonically. See Reporting Requirements for proper reporting procedures.
 
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