Whether you own an aviation business or you are an airman, an FAA enforcement action can put your livelihood at risk. Depending on the alleged infraction, the FAA may issue a warning, suspend or revoke your FAA certificate or, more commonly, fine you for the infraction. There are also other, less defined penalties, such as potential damage to your business' success and reputation — especially if the safety infraction hits the news.
If you have received a Letter of Investigation or are facing an FAA enforcement action, an aviation defense attorney can help you take steps to protect your reputation, pocketbook and career. An aviation lawyer can also provide guidance during an FAA Inspection.
Metal Fatigue in 737s Prompts Look Into Aircraft Inspection Process
This spring, a Southwest Airlines 737 jet en route to Sacramento made an emergency landing at an Arizona military base for failure of its metal hull. The event caused the FAA to issue an emergency safety order on all older 737s used in domestic commercial flights, inviting a discussion of the FAA's current regulations that govern the operation and inspection of all commercial aircraft.
Inspectors of the 737s will use special equipment that can identify tiny cracks in the metal, caused by wear from tens of thousands of take-offs and landings. These cracks may cause breaks in a plane's metal hull similar to those that occurred in the Southwest plane's hull.
FAA Inspections Process
To identify these types of safety issues, the FAA requires that all aircraft go through a rigorous inspections process. The procedure for these inspections is found in Part 43 of the FAA code. Inspectors look at every piece of the aircraft, including the metal frame, engines, propellers if present, and the integrity of the parts that hold them together. Inspectors follow a strict protocol for recording the type of work they complete and whether or not the aircraft meets safety standards and is safe to fly.
The FAA requires that aircraft go through inspections every 100 hours of travel or every year.
FAA Operating Regulations
In addition to its inspections requirements, the FAA also has a plethora of operating regulations that cover all types of aircraft. For example, the FAA regulates the minimum number of flight crew depending on the complexity involved in flying the aircraft, accounting for tasks like navigation, communicating with crewmembers and air traffic control. It also regulates the maximum number of seats in each aircraft and the maximum operating altitude for each aircraft.
Protecting Your Company After a Failed Inspection or Aviation Accident
Though the FAA has established many rules and regulations regarding the safe inspection and operation of aircraft, accidents and equipment malfunction can and will occur. When an aviation accident occurs or an airline fails an inspection, the FAA will work to determine what caused the accident or infraction and whether there were any violations of FAA regulations. Air carriers must take action to protect against potential liability. Hiring an experienced aviation defense lawyer can make all the difference.
An aviation defense attorney can help you respond to the FAA notification, file a NASA ASRS Form 277, review the Letter of Investigation, prepare for an Informal Conference or write a letter of explanation, determine whether to admit to an infraction (and pay the fine), and, when necessary, go through the appeals process. A lawyer can also help you determine who is liable for the aviation accident or infraction, whether it is a separate air carrier, a pilot or your company.
