INHOFE’S PILOT’S BILL OF RIGHTS
BECOMES LAW
WASHINGTON, D.C. – U.S. Sen. Jim
Inhofe (R-Okla.), a member of the Senate General Aviation Caucus and
certified flight instructor with more than 10,000 flight hours, today announced
that his Pilot's Bill of Rights (S.1335) has been officially signed into law.
Inhofe has worked to pass the legislation for
the past year. In the Senate where the bill enjoyed co-sponsorship by
65 other Senators, the measure passed
by unanimous consent in June. The
House passed the measure by a
voice vote.
“This is a great day for General Aviation, and
this would not have happened without the support of so many pilots all across
this country,” said Inhofe. “With their
help and the work of so many of my colleagues in the House and Senate, we were
able to overcome opposition to this law from the Obama administration with a
veto proof majority.”
Inhofe
continued, “Just last week at Oshkosh, we celebrated the bill getting
through Congress. Now, with the
President’s signature, it is officially the law of the land. I appreciate the help of great organizations
like AOPA and EAA. 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.”
DETAILS ABOUT THE PILOT'S 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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