Government Advocacy
AOPA
http://www.aopa.org/advocacy/articles/2 ... enate.html

By Alyssa J. Miller
Share on google_plusone
Share on twitter Share on email Share on print More Sharing Services 8

The Senate on June 29 unanimously passed Sen. James Inhofe’s (R-Okla.) Pilot’s Bill of Rights that will give aviators more protection when faced with possible FAA enforcement actions, among other assurances.

“This is a big victory for general aviation pilots all across the country,” Inhofe said in a statement released after the vote. “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.”

The bill would require the FAA to inform pilots of the reason they are being subject to an enforcement action and give them access to investigative reports, ATC recordings, and any relevant information for 30 days before the enforcement action could move forward. Also, pilots would be notified that if they chose not to respond to the actions, they will not be punished. Pilots would have the option of appealing a decision in federal district court. Inhofe was key in helping Bob Hoover get back in the air after the FAA’s emergency revocation of his medical certificate. And, Inhofe himself experienced the enforcement action process after landing on a closed runway in Texas in 2010.

Inhofe’s bill goes beyond the enforcement process to also call for an advisory panel to dig into the notam system. Pilots currently wade through pages of notams, or listen to flight service briefers explain them, during the flight planning process. Another advisory board would be created to look into the medical certification process.

“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,” said AOPA President Craig Fuller. “We applaud Senator 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.”

Sixty-five senators joined Inhofe by co-sponsoring the bill, sending a clear message that they understood the importance of general aviation and pilots’ rights. An early supporter of the bill, Mark Begich (D-Alaska), said, “Flying is a way of life in Alaska. With six times more pilots per capita than the rest of the country, it’s important to make sure pilots are treated fairly in their dealings with the FAA. I praise Senator Inhofe for his dedicated efforts to pass this legislation.”

Obama signs Pilot's Bill of Rights

By AOPA Communications staff
Share on google_plusone
Share on twitter Share on email Share on print More Sharing Services 75

AOPA commends President Barack Obama for signing into law the Pilot’s Bill of Rights on Aug. 3. The legislation guarantees pilots under investigation by the FAA expanded protection against enforcement actions via access to investigative reports, air traffic control and flight service recordings, and it also requires the FAA to provide the evidence being used as the basis of enforcement at least 30 days in advance of action.

The legislation, championed by Sens. James Inhofe (R-Okla.) and Mark Begich (D-Alaska), co-chair of the Senate General Aviation Caucus, passed the Senate unanimously on June 29. Rep. Sam Graves (R-Mo.), co-chair of the House GA Caucus, and GA Caucus member Rep. Dan Lipinski (D-Ill.) shepherded the measure through the House, which passed on July 23.

“This law is good news for pilots,” said AOPA President Craig Fuller. “Having access to all available information, including FAA data, is critical for pilots who find themselves under investigation or whose certificates may be in jeopardy. We are pleased that the President signed this measure and commend Senator Inhofe and all of the bill’s supporters for taking action to protect the freedom to fly.”

AOPA and the Experimental Aircraft Association have long supported this bill and its effort to improve communication between GA and the FAA. In addition to improved enforcement measures, the bill will call for an advisory committee to reanalyze the notice to airmen (notam) procedures, as well as a committee to review medical certification. Pilots will also, for the first time, be able to appeal decisions in federal courts and the National Transportation Safety Board is given greater oversight in reviewing enforcement cases.

Pilot's Bill of Rights? What a joke! Many of the problems that are being addressed are already unconstitutional. If you could get the executive and legislative branches to follow the existing Bill of Rights in the constitution, there wouldn't be a need for most of this new legislation.

A cop must have reasonable cause to pull me over and ask for my driver's license. However, the FAA can demand to see all of your paperwork without any valid reason. The FARs specifically authorize it, but it's a violation of the 4th (unreasonable search) and 5th (due process of law) amendments.

The bill would require the FAA to inform pilots of the reason they are being subject to an enforcement action and give them access to investigative reports, ATC recordings, and any relevant information for 30 days before the enforcement action could move forward.

This is already covered by the 5th (due process of law) and 6th (rights of the accused) amendments.

Pilots would have the option of appealing a decision in federal district court.

It is insane that the FAA ever was given the power to take action against you, then you could only appeal it to the FAA or NTSB. This is a huge step in the right direction, but again, it was already unconstitutional, violating the 5th (due process of law) and 6th (right to trial) amendments.

This bill has some positive aspects, but it is also a statement that individuals don't have any constitutional rights unless Congress decides to allow it. What we need is accountability. Investigating and prosecuting government abuses of constitutional rights would be a fantastic start.