If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. |
|
|
Thread Tools | Display Modes |
|
#1
|
|||
|
|||
FAA Inspector overstepping his authority (I think)
Hi everyone,
I've noticed there are some very knowledgable people on this list. Maybe you can confirm / dispute some information. A close friend is leasing his plane to a local school. The school has had some maintenance documentation issues in the past. A local FSDO inspector has been a real prick about it lately -- even threatening to fine anyone who flies one of their planes until HE gives the go ahead. Ted's plane didn't have a single thing wrong with it, and three days of nonsense paperwork later -- it was cleared to fly again. But that was three days of lost revenue this guy caused. And that was just one case of his bull****. Well, now this inspector is talking about pulling the airworthiness certifications for all the planes at the school. Then each owner would have to go to HIM with the mechanic and logs to show that everything is properly documented before he would return the certificate. Discussions with two or three older / more experienced IAs on the field found a general consensus that this inspector doesn't have the authority to pull the airworthiness certificates from all the planes indescriminately. At lease, not without an inspection that finds a problem. Do we have anyone on the list with experience in this area of the regulations. There are just so many of them and most of the language is "leagaliese" that its almost impossible to know for sure. But I figured if someone else had experienced a situation with another self-bloated inspector -- they might know the abilities of a FSDO airworthiness inspector. Thanks guys. Ted is pulling his hair out keeping from hitting this guy.... |
#2
|
|||
|
|||
if your friend is a member of AOPA, have him call at once.
If not a member of AOPA, become one now. Check the local attorney list in your area and find one that specializes in aviation law. |
#3
|
|||
|
|||
"Screwed" wrote in message ... Hi everyone, I've noticed there are some very knowledgable people on this list. Maybe you can confirm / dispute some information. A close friend is leasing his plane to a local school. The school has had some maintenance documentation issues in the past. A local FSDO inspector has been a real prick about it lately -- even threatening to fine anyone who flies one of their planes until HE gives the go ahead. Ted's plane didn't have a single thing wrong with it, and three days of nonsense paperwork later -- it was cleared to fly again. But that was three days of lost revenue this guy caused. And that was just one case of his bull****. Well, now this inspector is talking about pulling the airworthiness certifications for all the planes at the school. Then each owner would have to go to HIM with the mechanic and logs to show that everything is properly documented before he would return the certificate. Discussions with two or three older / more experienced IAs on the field found a general consensus that this inspector doesn't have the authority to pull the airworthiness certificates from all the planes indescriminately. At lease, not without an inspection that finds a problem. Do we have anyone on the list with experience in this area of the regulations. There are just so many of them and most of the language is "leagaliese" that its almost impossible to know for sure. But I figured if someone else had experienced a situation with another self-bloated inspector -- they might know the abilities of a FSDO airworthiness inspector. Thanks guys. Ted is pulling his hair out keeping from hitting this guy.... With no particular authority, here are some suggestions: One, suggest to Ted that he should not speak with the inspector and stay away from him. Two, it doesn't matter whether the inspector has the authority to do this or not unless someone over his head intervenes. FAA types can demand anything they want because never did a plane leave the ground that they could not have grounded or at least delayed for SOMETHING. The fight seems to be between the Operator (the school) and the inspector. Ted is the Owner, which in my view gives him a bit of cover from the main brawl. What do you think would happen if Ted wrote a nice letter to the Manager of the local FSDO stating that he is greatly concerned about the disagreement between the Operator and the Inspector? Ted should explain that he would appreciate a list from the MANAGER of what violations or concerns his office has about his aircraft and the Operator in writing. Note that the cost of the plane being grounded is not small, and that he needs the FSDO to either approve the plane for flight, or give him a letter that he can use to take the Operator to task with. Note that due to the financial hardship he requests prompt attention and that he intends to continue pursuing the matter diligently. I think this will cause the Manager to get the situation fixed straight away. Otherwise, Ted will likely go over his head. Also, he will have a much harder time putting things in writing than using the usual verbal threats. These guys are terrified of anything inappropriate being in writing. Unfortunately, there is a chance here that they will circle the wagons and close the FBO. While Ted is likely really mad, the Operator is the guy that could lose his business here. Ted may just have to find another leaseback opportunity. |
#4
|
|||
|
|||
The school owner should be talking to a lawyer.
If it were my plane, I would pull it off the line and find somewhere else to lease it. I don't need to tangle with the FAA for someone else, and don't want to pay a lawyer for something I can avoid. This is the school's fight, not the aircraft owner. "Screwed" wrote in message ... Hi everyone, I've noticed there are some very knowledgable people on this list. Maybe you can confirm / dispute some information. A close friend is leasing his plane to a local school. The school has had some maintenance documentation issues in the past. A local FSDO inspector has been a real prick about it lately -- even threatening to fine anyone who flies one of their planes until HE gives the go ahead. Ted's plane didn't have a single thing wrong with it, and three days of nonsense paperwork later -- it was cleared to fly again. But that was three days of lost revenue this guy caused. And that was just one case of his bull****. Well, now this inspector is talking about pulling the airworthiness certifications for all the planes at the school. Then each owner would have to go to HIM with the mechanic and logs to show that everything is properly documented before he would return the certificate. Discussions with two or three older / more experienced IAs on the field found a general consensus that this inspector doesn't have the authority to pull the airworthiness certificates from all the planes indescriminately. At lease, not without an inspection that finds a problem. Do we have anyone on the list with experience in this area of the regulations. There are just so many of them and most of the language is "leagaliese" that its almost impossible to know for sure. But I figured if someone else had experienced a situation with another self-bloated inspector -- they might know the abilities of a FSDO airworthiness inspector. Thanks guys. Ted is pulling his hair out keeping from hitting this guy.... |
#5
|
|||
|
|||
Obviously there is something wrong between the inspector and the
school and that needs to be resolved before anything else happens. The operator may have thrown this guy out on his ass one day, which probably many of you are thinking they would do! Ditto the AOPA legal thing and if it were me, I would pull the a/c out of the lease until everything blows over. As a stretch, he could further consult an attorney and discuss the possibilities of recovering compensation from this inspector personally if his Hitler-like practices have overstepped the authority given to him by the US Government. That message/action, if successful, would certainly be communicated through the ranks of the FAA and dwindle down to the guys with the little dicks attempting to prove something as well as those who are just trying to make a living. On Mon, 02 May 2005 10:47:11 GMT, "Steve Foley" wrote: The school owner should be talking to a lawyer. If it were my plane, I would pull it off the line and find somewhere else to lease it. I don't need to tangle with the FAA for someone else, and don't want to pay a lawyer for something I can avoid. This is the school's fight, not the aircraft owner. |
#6
|
|||
|
|||
there are two sides to this story. I have been working on aircraft for more than 40 years , problems between the FAA & operators are a two sided street , the fAA finds a problem asks the operator to fix then things need to get repaired or fixed there might be a lease that's not worded correctly or maintenance issues if the FAA writes a letter or violation thru fars . it in legal hands not good he can ground aircraft & have you bring him or her paper work to his office to show how things are fixed or repaired & release the aircraft for flight if they take the airworthy certificate things are not going well |
#7
|
|||
|
|||
A PMI has NO authority to TAKE your airworthiness certificate, Or your
pilots license for that matter...... He can ask to see it and you must show him, but he will not touch it!!! He can not even Delay your flight to conduct a ramp check..... tell em to take a hike Joe wrote: there are two sides to this story. I have been working on aircraft for more than 40 years , problems between the FAA & operators are a two sided street , the fAA finds a problem asks the operator to fix then things need to get repaired or fixed there might be a lease that's not worded correctly or maintenance issues if the FAA writes a letter or violation thru fars . it in legal hands not good he can ground aircraft & have you bring him or her paper work to his office to show how things are fixed or repaired & release the aircraft for flight if they take the airworthy certificate things are not going well |
#8
|
|||
|
|||
joe wrote:
A PMI has NO authority to TAKE your airworthiness certificate, Or your pilots license for that matter...... He can ask to see it and you must show him, but he will not touch it!!! He can touch it all he wants. Showing it for inspection is NOT voluntary surrender under the rules. That's an old wives tail. |
Thread Tools | |
Display Modes | |
|
|
Similar Threads | ||||
Thread | Thread Starter | Forum | Replies | Last Post |
Showstoppers (long, but interesting questions raised) | Anonymous Spamless | Military Aviation | 0 | April 21st 04 05:09 AM |
A New KSAN? | A Guy Called Tyketto | Piloting | 3 | February 20th 04 02:53 PM |
Left can't read well nor do they understand Constitution | Jarg | Military Aviation | 102 | January 19th 04 03:35 PM |
D'Amato's Role Investigated in La Guardia Airport Deal | Roy Smith | General Aviation | 0 | December 25th 03 05:47 AM |
FAA authority over military | B2431 | Military Aviation | 14 | August 25th 03 04:58 PM |