Recent NATA complaints about the lack of FAA enforcement against illegal charter operators has got me thinking about the FAA enforcement pendulum and industry’s reactions to it swings. According to a recent NATA press release, the organization “requested the [FAA] review the resources it dedicates to identifying and stopping these [illegal] operations, and to ensure field staff are both available and properly trained to immediately investigate a hotline call.” The release added, “We hope the agency will work with NATA and legitimate operators to combat this growing problem before an accident or incident involving illegal charter mars the entire general aviation community’s safety record.”
I have observed FAA enforcement actions for the last several decades from many different vantage points. And I’ve seen the enforcement pendulum swing from heavy-handed punitive sanctions for seemingly small or inconsequential infractions to nonexistent punishment for even patently unsafe and intentional acts. (Right now, thanks to the FAA’s most recent Compliance Philosophy, the pendulum has clearly swung in the latter direction.) But whichever way the pendulum swings—often in reaction to industry complaints—the one constant I’ve observed is that industry complains no matter where the pendulum swings.