I love the man that can smile in
trouble, that can gather strength from distress, and grow brave by
reflection. 'Tis the business of little minds to shrink, but he
whose heart is firm, and whose conscience approves his conduct,
will pursue his principles unto death.
Thomas Paine
Some years ago, mostly as a result
of dealing with the monumental dishonors and unfairness imposed on
one of this nation's finest aviators, Robert A. 'Bob' Hoover, I
opined that Pilots and other Aviation Professionals really needed
better protections on their side when they had to face off against
the FAA or other governmental threats. After all, the Constitution
pretty much put forth that the rights of every American are just
that... EVERY American's... and at no point, did that august and
extraordinary document suggest that our rights ended the second we
went aloft.
I pushed this concept for a number of years, got a lot of
support from the aviation comunity, and, of course, a lot
of derision from the Feds. Still... I've never quite
given up on the idea and while it may not play all that highly on
the overall list of corrections needed to right the world's ills;
for the aviation community, I think it makes for a good start and a
great way for aviation to demand better for itself from those who
are supposedly there to serve it. Mind you, we're not curing cancer
here... but we are doing what free Americans are supposed to do,
question authority -- and upon finding that said authority is
not playing by the rules, we need to defy them and insist that our
rights be respected.
Recent events suggest that the kinder, gentler FAA we all had
hoped for is but a pipedream and that dishonesty, unfairness,
over-reaction and injustice still takes place in altercations that
happen with great regularity between aviators/aviation
professionals and the almighty, 'Gods-unto-themselves' FAA. While
the great majority of Feds are great people, there are enough that
aren't to make the matter a serious one, indeed... and when you add
to that the fact that the system is not predicated on fairness but
upon bureaucratic efficiency -- at the expense of our liberties --
then, we have a mess that can't help but victimize the
aviation industry time and time again.
What we deal with is clearly unfair, certainly unconstitutional,
and worst of all, simply unAmerican. As I understand it, the
United States of America was established in order to provide a
number of freedoms to all those willing to accept the
responsibilities of a free democracy. And with warts and all, this
country is still the greatest nation on earth. However; those of us
who are privileged to call ourselves Airmen and/or Pilots are much
too aware of the fact that we have lost a number of our
Constitutionally protected freedoms simply because of the fact that
we are involved in aviation.
It is a sad state of affairs to
realize that the average drug pusher, child molester, or criminal
psychopath has more legal recourse, under the law, to the
protections of our embattled but beloved Constitution, than a pilot
accused of a violation by the Federal Aviation Administration.
While getting the FAA to recognize the true intent of the
Constitution of the United States may currently be difficult for
now...), we do not believe that it is unfair, unwise, or not in the
best interests of the United States for them to ignore every basic
principle of American justice.
In an attempt to level the playing field a bit, the
Airman/Pilot's Advocacy Council herewith submits a potential,
simple, draft of an initial document that we intend to propose
as a future Notice of Proposed Rule-Making. We urge you to read it,
and suggest additions, improvement or corrections. Also; please
disseminate this document as widely as you can. Feel free to copy
this document as much as you wish and we would greatly appreciate
it if you would make sure that everyone in your local airport, EAA
Chapter, flying club, flight school, company, and other aviation
related enterprise see it and have the chance to add their two
cents to this important project.
Communicate your thoughts and suggestions with us as soon as
possible so that we may do our best to incorporate these concepts
into a final proposed rule. Properly done, this may remove the yoke
of discrimination and illegal persecution that Airmen and Pilots
have had to live with for far too long. Please help us make this a
reality. No one benefits more than those who love aviation and
our Constitution... and no one needs this program more!
A long habit of not thinking a thing
wrong
gives it a superficial appearance of being right. -- Thomas
Paine
AIRMAN/PILOT'S BILL OF RIGHTS
-
Every pilot shall, immediately upon
initial contact by an FAA inspector,
- be shown the FAA inspector's credentials and be told
- the FAA inspector's identity,
- the general nature of the investigation,
- that the pilot has the option to remain silent and has no
obligation to give a statement,
- that the pilot may have counsel respond for him/her if s/he so
chooses,
- that the investigation may result in a suspension, civil
penalty or revocation action against the pilot and
- that the investigation is a serious matter.
- Every pilot shall be informed (at the time of an alleged
deviation or as soon as possible after the time the alleged
deviation occurs) of his/her alleged deviation so the pilot
may take affirmative action to preserve evidence by obtaining ATC
tapes, filing a NASA 277 form, creating notes, etc.
- Every pilot shall have the right to a speedy adjudication with
an administrative hearing to be held no later than 12 months
from the date the initial notice of investigation is received
by the pilot.
- An administrative law judge shall dismiss a complaint where it
states the alleged violation occurred more than six months prior to
the notice of allegations against the pilot being sent in the
initial notice of investigation letter.
- Every pilot shall have the right to confront his/her accuser.
Documents from an FAA controller, inspector or others shall not be
admissible into evidence without the FAA laying sufficient
foundation, wherein the writer of the report which is sought to be
placed into evidence identifies the document and is available for
cross-examination.
- Every pilot shall have the right to have the administrative
hearing held at a location within 100 statute miles of his/her
residence as per the address on the pilot's license at the time of
the alleged violation.
- Every pilot shall have the right to be treated as a
professional, without threats, intimidation, or subterfuge, and to
be treated with courtesy and respect by any FAA inspectors.
-
Every pilot shall be offered the
option of remedial training, except in cases of a violation
occurring while a pilot is...
- engaged in criminal activity at the time of the incident
or
- involved in an NTSB-defined accident at the time of the
incident. Remedial training shall be offered as an option to
the pilot until the date of the informal conference, or until at
least 60 days after receiving the initial letter of investigation
by the pilot if no informal conference is requested.
- The Federal Rules of Evidence shall be adopted and used in all
enforcement actions by NTSB Administrative Law Judges.
- The findings of fact of the NTSB Administrative Law Judges
shall not be reversed by the NTSB Board unless clearly and
manifestly erroneous and clearly contrary to the facts in the
administrative hearing.
- A pilot shall not be required to take a competency check ride
unless the FAA has substantiated facts establishing probable cause
which call into question the pilot's competency.
- A pilot shall have the right to receive reimbursement of costs
and attorney's fees for an FAA-required competency check ride if
the check ride was requested by the FAA but found to be performed
without the FAA having substantiated facts establishing probable
cause.
- A pilot shall have the right to receive reimbursement of costs,
attorney's fees and reasonable expert fees if a suspension, civil
penalty or revocation is not issued in an administrative proceeding
after a proposed order of suspension is issued.
- A pilot shall have the right to use the NASA 277 form with
immunity given to the pilot and the NASA report shall not be used
by the FAA against the pilot in enforcement proceedings except in
cases where the pilot is involved in an NTSB-defined accident or is
engaged in a criminal activity.
Special Note: Over the years, we have been
blessed with some excellent advice from some fine aviators who love
both the world of flight and the law that we as free Americans wrap
ourselves in... the above effort is the work of a number of people
-- but is based on the suggestions, efforts and advice we've
received from Glen McGovern, Ed Booth, Alan Armstrong, F. Lee
Bailey, John Yodice and so many more. Ths concept was first put
forward quite a number of years ago when I owned and published
a print magazine by the name of US Aviator. For much of the most
active time I worked on this project, I had the advice and
counsel of two exceptional aviators and friends, Robert A. 'Bob'
Hoover, and my (then) partner-in-crime for so many aero-adventures,
my once-upon-a-time spouse and 'bestest' buddy, Vicki. I
respectfully dedicate this renewed effort to them both... -- Jim
Campbell, ANN Editor-In-Chief.