Gov’t Overreach in Aviation

Welcome to our blog post, where we delve into a subject that has captivated mainstream media’s attention for years: government overreach. Brace yourself, as we are about to shed light on an angle that might surprise you—the presence of such overreach within the aviation industry.

Before we embark on this insightful journey, it’s important to keep one crucial fact in mind: the government’s primary focus does not lie in safeguarding your emotional or financial well-being. These aspects often fall by the wayside in their decision-making process. Likewise, your employment status and job opportunities do not take center stage in their considerations. It becomes imperative for us to take charge of our own protection and preparedness in such circumstances. Additionally, it’s crucial to acknowledge that the government’s responsiveness and consideration of time when it comes to resolving issues may not align with our expectations.

The 709 Check Ride Dilemma 

In the realm of aviation, the Federal Aviation Administration (FAA) holds the authority to request a 709 check ride following an accident or pilot deviation. However, it is essential to recognize that this power can also be wielded in a manner that raises concerns. Recently, we obtained documents from a case in South Florida that shed light on some rather startling instances.

What’s important to note is that the FAA possesses the discretion to demand a 709 ride without a specific justification, without providing a practical definition of the scope involved. As a pilot, what does this mean for you? It implies that an FAA inspector can, without any apparent reason, require you to undergo a 709 check ride. In such a scenario, you have two options: either opt to take the 709 ride or choose to appeal the decision. However, it’s worth mentioning that pursuing an appeal will consume your valuable time, and we highly recommend seeking the guidance of an aviation attorney, which, in turn, will incur additional costs. On the other hand, if you decide to proceed with the 709 check ride, it will still require a significant investment of time. Moreover, if you need to rent an airplane for the ride or require instructional time to prepare adequately, there will be financial implications involved.

Navigating the complexities surrounding the FAA’s discretionary powers in requesting a 709 check ride calls for careful consideration, weighing both the time and financial commitments that may arise depending on the path you choose.

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5 Tips for Aviators

Consult an Aviation Attorney

When engaging with the Federal Aviation Administration (FAA) or any government agency, it is crucial to communicate clearly and avoid any misunderstandings or inadvertently providing information that could be used against you. The ultimate goal is to navigate the process efficiently without enduring months of back-and-forth exchanges. However, unless you are well-versed in aviation law and possess the expertise of a lawyer, you may find yourself ill-equipped to engage directly with the FAA. Representing yourself in such cases is generally unwise.

Thankfully, there are organizations like the Aircraft Owners and Pilots Association (AOPA) that provide invaluable legal services to their members. Consulting an aviation attorney is a prudent step to ensure you have the necessary support and guidance throughout your interaction with the FAA. By leveraging their expertise, you can navigate the complexities of aviation law, effectively communicate your position, and work towards a conclusion in a timely manner. Remember, having the right legal assistance can significantly alleviate the stress and uncertainty that may arise when dealing with regulatory matters, offering you peace of mind and safeguarding your interests.

Keep a Paper Logbook

While electronic logbooks may seem convenient and efficient, it is prudent to maintain a paper logbook as well. Although in theory, an electronic logbook should suffice, we have encountered instances where the FAA questioned the validity of an electronic logbook and requested a paper counterpart. Therefore, to mitigate any potential issues, it is advisable to log all significant flights, especially those that play a role in qualifying you for check rides, in both a paper logbook and an electronic logbook.

Maintaining a paper logbook alongside its digital counterpart ensures compliance with FAA requirements and demonstrates a thorough approach to record-keeping. In the event of an audit or a need to provide supporting documentation, having a comprehensive and reliable record in both formats can save you from potential headaches. It is always better to be proactive and prepared, safeguarding your ability to verify your flight history accurately. Remember, the paper logbook serves as a tangible backup, providing an extra layer of assurance in an era where digital records can sometimes raise questions.

Use a Tracker to Record Your Flights

When it comes to capturing and preserving your flight data, utilizing a reliable flight tracker can be invaluable. While platforms like Flight Aware may come to mind, it’s essential to consider alternative options that offer superior capabilities. Among the most popular devices are Sentry (https://flywithsentry.com/) and Stratus (https://www.mypilotstore.com/mypilotstore/sep/14310), each offering more than just basic flight recording. Exploring the unique features of these devices is highly recommended.

To maximize the accuracy and completeness of your flight records, we suggest using one of these flight trackers in conjunction with recording your flight on an iPad. This dual approach ensures that you have a backup plan in case any unforeseen issues arise. Sometimes recordings on a single device may fail, get lost, or you may forget to initiate the recording altogether. Additionally, the risk of your iPad running out of battery during the flight is a valid concern. By utilizing a flight tracker alongside your iPad, you mitigate these potential pitfalls and maintain a comprehensive log of your flights.

Remember, adopting a multi-device strategy for recording flights enhances reliability and reduces the likelihood of data loss or oversights. Embracing technology to its fullest extent allows you to preserve accurate records that can serve as valuable references in the future.

Obtain CFI Signatures for All Flights

In an unexpected twist, we recommend having your Certified Flight Instructor (CFI) sign off on all your logbook entries, including solo flights. While this practice may appear unconventional, it serves a crucial purpose. By having your CFI sign each entry, even when you’re not receiving dual instruction, you establish a witness who can validate the accuracy of your flights, primarily for the Hours-Off-the-Block (HOBS) times.

Having your CFI’s signature on your logbook provides an additional layer of credibility to your flight records. It acts as a safeguard, ensuring there is someone who can vouch for the validity and timing of your flights, especially in situations where official documentation or verification may be required. While it may seem unnecessary for solo flights, establishing this habit can prove invaluable in the long run, bolstering the reliability and verifiability of your logbook entries.

Remember, securing CFI signatures for all flights, including solo endeavors, adds an element of accountability and credibility to your records, strengthening their integrity and establishing a trustworthy record of your aviation journey.

Don’t Use The Same DPE

While it may appear logical to stick with the same Designated Pilot Examiner (DPE) for your check rides, doing so can potentially create significant issues. Even a mere claim from the Federal Aviation Administration (FAA) that a DPE did not adhere to regulations can jeopardize the validity of your certificate, putting your aviation journey at risk. By opting for different DPEs for each check ride, you add a layer of protection that reduces the likelihood of facing such complications. After all, it’s highly unlikely for the FAA to simultaneously suspend multiple DPEs.

Selecting various DPEs for your check rides serves as a precautionary measure, mitigating the potential repercussions of an FAA dispute. By diversifying the examiners, you decrease the chances of any isolated incident adversely impacting your certification. Prioritizing this approach contributes to a more secure and uninterrupted progression throughout your aviation training and career.

Remember, choosing different DPEs for your check rides offers a safeguard against unforeseen complications, providing peace of mind and preserving the integrity of your certification.

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A Poetic Reflection

Within our quest for understanding, we stumble upon a fitting poem that resonates deeply, serving as both nourishment for contemplation and an illustration of the swiftness with which government can exhibit abusive tendencies, even to the very people it is meant to serve. Allow us to share it with you:

First they came for the Communists
And I did not speak out
Because I was not a Communist
Then they came for the Socialists
And I did not speak out
Because I was not a Socialist
Then they came for the trade unionists
And I did not speak out
Because I was not a trade unionist
Then they came for the Jews
And I did not speak out
Because I was not a Jew
Then they came for me
And there was no one left
To speak out for me

First They Came by Pastor Martin Niemöller

This thought-provoking piece encapsulates the complexities and dynamics that can unfold within the realm of governance. It serves as a reminder of the importance of vigilant observation, questioning the actions and impact of those in power. As citizens, it is crucial to remain informed, critically analyze decisions, and safeguard our democratic values.

Let the words of this poem inspire introspection and foster discussions surrounding the intricate relationship between the government and its constituents. Together, we can strive for a society that upholds transparency, accountability, and the betterment of all.

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