On 17 Dec 2003 19:07:38 -0800, (Steve) wrote in
Message-Id: :

what to do?

I recommended that the Capt call AOPA legal or other aviation lawyer
just to present the situation to him

This is the least expensive minimal legal assistance available. It is
a good first choice along with (usually free) 1/2 hour phone
consultations with aviation attorneys.

Capt (good friend of mine) said the FSDO inspector was "real nice to
me" and that "he is a pilot too"

comments?

Legal council should have also been sought prior to filing the NASA
forms. Under no circumstances should discussion of the incident with
FSDO take place before legal consultation, IMHO.

It may be a good strategy for the pilots to suggest effective
procedural changes that will insure against such possible future
errors. Finding weakness in the regulations tends to shift
culpability. Use your head. Elephants are poor dancers. :-)

(my opinion is that a phone call to a aviation lawyer should still
take place)

Absolutely!

It would be interesting to know what caused the FO's miscommunication.
Is he able to diagnose the cause? Was it due to less than
professional decorum in the cockpit? Social pressure to appear easily
competent without the necessity of uttering, say again?


Disclaimer: I'm not a lawyer. YMMV.