Attached you will find a copy from the Federal Register – 77 FR 63242 – Rules of Practice in Air Safety Proceedings
In response to requirements in the Pilot’s Bill of Rights that 1) the Federal Rules of Evidence and Civil Procedure will apply “to the extent practicable”, 2) the FAA provide access to the FAA’s EIR and ATC data, and 3) the airman has an option to appeal to the Federal District Court, the National Transportation Safety Board (NTSB) is amending its rules of procedure in FAA enforcement actions. This is just a reminder that comments on that rulemaking are due Monday, December 17, 2013. We encourage all aviation professionals and aviation attorneys who have an interest in fairness, to please make substantive and constructive comments about this new rule. You could make a difference in leveling the playing field between the FAA and the pilot. For many years, the FAA’s enforcement body has had carte blanche on many nuances within the FAA enforcement action proceedings. Pilots and aviation attorneys, this is your chance at making a difference.
The National Transportation Safety Board (NTSB or Board) is amending portions of its regulations, which set forth rules of procedure for the NTSB’s review of certificate actions taken by the Federal Aviation Administration (FAA), as a result of the recent enactment of the Pilot’s Bill of Rights.
Any comment can be helpful. This is a once in a lifetime opportunity to affect the NTSB’s procedural rules, and protect pilots from clearly merciless enforcement actions that disrupt or destroy many pilots’ livelihoods without tangibly enhancing aviation safety.
Mohammad Faruqui is an attorney in Fort Lauderdale, FL, servicing aviation clients throughout the United States and abroad. Mr. Faruqui is a member of the Florida Bar Aviation Law Committee, the International Air Transportation Safety Bar Association, the Lawyer-Pilot Bar Association and the Aircraft Owners and Pilots Association. He serves as a panel attorney on the AOPA Legal Services Plan. Mr. Faruqui has been licensed to practice law in Florida since 2006, and graduated from Nova-Southeastern University Shepard Broad Law Center in 2005. He is an instrument-rated private pilot with experience in Cessna 172s and Cirrus SR-20s.
Mr. Faruqui can be contacted at Mohammad@Aerolawoffices.com or at (954) 641-2220.
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