Fairness in FAA Enforcement Matters: Steps to Take Right Now Continued from page 21 senior FAA attorneys about it, they had no idea the Program Offices followed this policy. There are good reasons for asking the FAA to use counsel for all future communications in a matter. Pilots, especially commercial pilots just begin- ning their careers, often reside at a different location than their “permanent” mailing address. Sending communications to that mailing address will some- times hamper the timeliness of any response. Also, counsel may well have the answer to the FAA’s question, rather than the pilot. For Flight Standards and the Medical Office to refuse to accept a response from an engaged attorney on behalf of a pilot only slows the com- munications process and, frankly, wastes time on both sides. More importantly, this practice unfairly penalizes pilots who choose to engage counsel to represent them. The FAA’s Compliance and Enforcement Order does not specifically address this practice of refusing to honor requests by attorneys for the Program Offices to communicate with pilot clients only through coun- sel. The Order only admonishes Program Offices not to view the engagement of counsel as an “aggravating factor” in determining the proper sanc- tion when referring a mat- ter to the FAA Legal Office. To eliminate the apparent unfairness in the process, the Administrator should provide Aviation Business Journal | 4th Quarter 2017 direction to the Program Offices to accept responses from counsel as responses from certificate holders and to view counsel as speaking for the individual certificate holder. I offer my observations to point out that the Administrator can act now to address some areas of appar- ent unfairness for individual cer- tificate holders. The FAA has stated in its Compliance and Enforcement Order that fairness is essential to the effectiveness of the program. Therefore, these steps should be a logical application of that policy. In adopting these changes, the FAA will not lose any of the inves- tigatory tools it has at its disposal to uncover non-compliance with Federal Aviation Regulations and statutes, and take appropriate action against those who violate them. Christopher Poreda has extensive aviation experi- ence with over 37 years of federal service, including 12 years of ser- vice in the United States Air Force and a 25-year career with the Federal Aviation Administration (FAA), 13 of which he served as Regional Counsel for the FAA’s New England Region. As Regional Counsel, he oversaw attor- neys and paralegals addressing a wide range of legal issues, including regula- tory enforcement and interpretations, airport grant questions, noise litigation, federal contracts issues and aircraft certification. He retired from the FAA in June 2015 and has since been enjoying the world of private practice. Contact Christopher at [email protected] or visit www.lopal.com for more information. Airline Career Pilot Program ATP is your fast track airline career solution from zero time to airline pilot – proven by thousands of graduates now fl ying for regional and major airlines. ê Certifi cation through Private, Commercial, and CFI (Multi, Single, Instrument) ê Fast track, fi xed cost, airline-oriented training from day one ê Start with zero time and reach airline minimums in about 2 years with guaranteed CFI job $65,995 9 Month ATP CTP FAST TRACK Housing Option Available Full Financing Available Aircraft Dispatcher ê Dallas, TX ê Classes start every Monday, Wednesday, & Friday ê Add $200 for ATM Knowledge Prep & Test $4,795 / 7 Days Airline Discounts Available GI Bill Accepted ê 200 hour initial course in Dallas, TX ê All books & training material included ê ADX test prep software & exam included $4,995 / 6 Weeks Financing Available ATPFlightSchool.com Call or text (904) 595-7950 quarter-page-creative.indd 1 10/25/17 8:41 AM 23
