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Old November 24th 05, 04:38 AM posted to rec.aviation.piloting
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Default FAA regulates competition

On Sat, 19 Nov 2005 12:02:42 -0600, "Dan Luke"
wrote in
::


"Larry Dighera" wrote:

But the fact is that the FAA has virtually unchecked power
over your aviation activities and enforcess arcane, often nonsensical
regulatons according to the whims of non-accountable bureaucrats.


Actually, FAA bureaucrats must abide by the same regulations and
orders that govern airman activities.


But who has the enforcment power and what are the limits of the airman's
rights to appeal?


If an airman is in violation of regulations, the FAA must initiate
enforcement action. If not, the FAA has no enforcement power.

Additionally, their actions are
transparent through the use of Freedom Of Information Act requests,
and district personnel are accountable to regional personnel.

Justice under FAA rule is all a matter of understanding the FAA
organizational structure, regulations, orders, Advisory Circulars, and
politics involved.


Yes, in some cases a very persistent victim may expose FAA persecution
and malfeasance; it's been done.


I have no knowledge of FAA persecution nor malfeasance. Are you
referring to Hoovergate?

But it's still a case of "you might beat the rap but you won't beat the ride."


Such is the nature of "justice" in the US.

If an inspector decides to get you, he can choose from the entire
FAR's to make your life miserable--or put you out of business.


If you are able to prove your innocence, the FAA is powerless. If you
can show groundless persecution by an FAA inspector, you can start
your own enforcement action. I see no inequity there.

And keep in mind at all times, that no bureaucrat
wants to have to do more (paper) work than necessary.


Bureacrats have to justify their existence.


Do they? Can you provide evidence of an FAA quota system?

If you do not treat such an organization as a danger to be avoided,
you are simply asking for trouble.


What experiences have you had that caused you to form such a cynical
opinion of the FAA?


I have had none, directly, as I avoid the FAA as I would the plague.
One of my friends has had a bad experience, though: he was grounded at
an airport away from home because an inspector said his airplane's tail
number was painted in an "insufficiently contrasting color."


How did the FAA "ground" your friend? What provoked the FAA action?
Was it the result of a normal ramp check?

It was a factory paint job.


What prevented your friend from using a roll of duct tape (as another
poster suggested) to satisfy the lack of sufficient contrast? Did the
inspector cite an FAR or AC that detailed the required contrast?

My stories of other FAA misbehaviors are third hand,
so I will not repeat them, although I trust the proximate sources. I'm
sure you are aware of some of the more notorious ones, yourself.


I guess I haven't had enough experience with FAA inspectors to form an
opinion, but the dealings with FAA staff that I have experienced
seemed very professional, far more so than the municipal LEOs I've
encountered.