Pilot Certificate FAA Criminal.

This regulation is extremely important for any pilot who is charged with any offense involving drugs or alcohol. Another part of this regulation is that drug and alcohol offenses can lead to suspension or revocation.

A conviction for a crime involving controlled substances may be grounds for suspension or revocation under 14 C.F.R. § 61.15(a). These convictions include marijuana and narcotics offenses as well as others.

Under CFR 61.15, pilots must report the following within 60 days:

• If they have been convicted or had an administrative action taken against them as a result of a motor-vehicle action.
• If the motor-vehicle action involves alcohol or drugs.

These requirements are broad in scope. What constitutes a qualifying motor-vehicle action?

A qualifying motor-vehicle action is any motor-vehicle action involving the use of alcohol or drugs. As defined by the FAA, these include:

• DUI and DWI convictions.
• DUI and DWI administrative actions.
• Possession of a controlled substance is addressed in 14 C.F.R. § 61.15(a), not in the definition of a motor-vehicle action in § 61.15(c).

However, not every alcohol-related arrest or conviction is a “qualifying action” that triggers the 60-day reporting requirement. For example, some arrests may not end in a conviction, or may not result in an administrative action.

With this in mind, a qualifying conviction, prohibited act, or motor-vehicle action involving alcohol or drugs can potentially lead to the investigation of a pilot’s eligibility to hold or maintain a pilot license.

But, even if you have two qualifying motor-vehicle actions within three years, it does not automatically mean your FAA license will be revoked. However, these actions certainly have the potential to cause FAA certification consequences.

While a single alcohol- or drug-related offense can be grounds for action, two qualifying motor-vehicle actions within three years are grounds for denial, suspension, or revocation. Such a track record can demonstrate to the FAA that you pose a risk to aviation safety, and it could, and it frequently will lead to FAA license actions.

How does an FAA certificate case move from investigation to an NTSB or court appeal?

FAA certificate enforcement proceedings are administrative proceedings. As such, they differ fundamentally from criminal prosecutions. The goal of a criminal proceeding is to determine if the government has met the burden of proof to punish the defendant for a crime. In contrast, the purpose of an FAA certificate enforcement proceeding is to determine if a pilot, airline, or air carrier is fit to maintain the benefits of their certification(s) and if taking action against those certifications is necessary to protect aviation safety. While some FAA certificate proceedings move through various steps, from a Letter of Investigation (LOI) to an enforcement order and, if appealed, a proceeding before the NTSB, each step brings the possibility of a defense. This means that, at each stage, there is an opportunity to challenge the FAA’s decision, and a strong defense can lead to an avoidance of a certificate suspension or revocation in many cases. In FAA enforcement actions, there are three primary penalties a pilot or company can face:

• suspension
• revocation
• civil penalties

These three outcomes can affect the subject’s ability to pilot or hold a company certificate in the future. If an FAA enforcement proceeding moves forward, an appeals process involving the NTSB will be initiated. The appeals process generally moves as follows:

1. The FAA issues an enforcement order

2. An enforcement appeal is filed before an NTSB administrative law judge

3. The NTSB’s decision is appealed to the full NTSB Board

4. The NTSB’s decision is appealed in federal court The appeal process is time-intensive, often taking months or years from the initial Letter of Investigation to the final resolution. During this time, the FAA and NTSB will consider the pilot’s or company’s record, the nature and circumstances of the alleged offense, the level of harm or risk involved, and other relevant factors. There are, however, exceptions to the process described above. In some cases, the FAA may issue an “Whenever the Administrator, through delegated authority to the Chief Counsel, a Deputy Chief Counsel, Assistant Chief Counsel for Enforcement, or Regional Counsel, determines that the public interest and safety in air transportation or air commerce require the immediate effectiveness of a suspension or revocation, an emergency order is issued.” which goes into effect immediately. This is typically reserved for situations where the FAA believes that the certificate holder poses an imminent hazard to aviation safety and an immediate action is warranted. In these cases, the appeals process will still be available, but the pilot or company will lose their certificate status in the interim.

When can criminal or medical history affect the FAA medical certificate instead of the pilot certificate?

The third of these three “certification tracks” is FAA medical certification. Medical certification is a requirement for holding any pilot certification (except for those who do not require it under certain limited circumstances). There are several types of medical certificates available to pilots depending on their career or role:

• First-class medical certificates are required for airline transport pilots exercising airline-transport-pilot privileges.
• Second-class medical certificates are required for commercial pilots and certain other specified operations.
• Third-class medical certificates are the required minimum for private pilots.

It is important to note that these are not just “levels” of medical certification, and pilots who want to pursue a career in aviation will need to understand which certificate is necessary for the role they are interested in.

If you are facing a medical issue that could jeopardize your medical certification, there may be additional options for maintaining your medical certification. One common avenue is to obtain a “Special Issuance” from the FAA. Special Issuances are available in certain cases to address conditions that would otherwise disqualify a pilot from medical certification. When granted, these certifications generally allow pilots to continue flying provided they meet specific conditions.

In cases involving substance abuse, the FAA offers the Human Intervention Motivation Study (HIMS) program. This program incorporates treatment, monitoring, and aftercare into the certification process and provides a path toward re-certification for pilots who may have struggled with alcohol or drug use. In the realm of mental health, these issues may require pilots to provide documentation of their mental health records, undergo evaluations, or pursue a Special Issuance. If pilots receive a Special Issuance for mental health or substance abuse-related issues, they must closely follow all terms and conditions of the Special Issuance, or they could face the loss of their medical certification.

If You Want Someone to Look at Your Case

Reading about a charge is not the same as having someone read your file. Spodek Law Group keeps an attorney on call around the clock, and the first consultation costs nothing and runs as long as your questions do. The number is 888 348 8028.