I’ve written periodically about FAA enforcement and what I consider to be abuses of the process, along with sanctions that are significantly disproportionate to the safety impact of the offenses charged. Faithful readers might remember my articles on FAA emergency revocations of two A&P mechanics for violations that allegedly occurred three full years before the orders were issued. Fortunately, in those cases, the mechanics had a union willing to go to bat for them and spend hundreds of thousands of dollars on their defense. Yes, you read that correctly: hundreds of thousands of dollars. The FAA made the cases as expensive as possible for the airmen to litigate–deposing the airmen before emergency orders were issued and then again after the emergency orders were issued. The costs from the first depositions are never reimbursable under the Equal Access to Justice Act, even if you prevail at the hearing and meet the criteria for reimbursement. Full disclosure: I was an expert witness in the cases. While the airmen lost their cases before the NTSB Administrative Law Judge, the full Board dismissed the FAA’s case, finding the airmen had been actually prejudiced by the FAA’s three-year delay. I still can’t understand why the FAA needed the NTSB to tell it that it was patently unfair to revoke the certificates of two airmen three years after it learned of alleged violations and after they had worked on airliners for those three years.
Punishment Hurts Safety