Bush Pilot

Alaska senators support 'Pilot's Bill of Rights'

Alaska U.S. senators Lisa Murkowski and Mark Begich announced in a joint press release Wednesday that they were co-sponsoring a "Pilot's Bill of Rights," which would offer American pilots more opportunities to defend themselves against enforcement actions from the Federal Aviation Administration. The FAA can currently fine individuals and small businesses up to $50,000 and larger organizations up to $400,000 for violations of aviation law or FAA regulations. The "Pilot's Bill of Rights" would provide pilots more ability to defend themselves should they be accused of such a violation by allowing access to information and time to prepare against any enforcement action.

The bill already has broad support in the Senate, with Murkowski and Begich joining 22 other senators as co-sponsors of the bill, representing nearly one-quarter of the entire Senate just as co-sponsors. The bill was introduced by Jim Inhofe (R-Okla.), who is a Certified Flight Instructor with more than 10,000 hours logged in various aircraft.

"Today I am pleased to introduce the Pilot's Bill of Rights," said Inhofe. "Over the course of my years in Congress, I have helped an untold number of pilots facing the pressure of dealing with the (FAA). This bill remedies many of the most serious deficiencies in the relationship between general aviation and the FAA, and ensures that pilots are treated in a fair and equitable manner."

The bill would provide several actions intended to aid pilots in navigating the considerable regulation that General Aviation falls under:

-- Requires the FAA to provide evidence against a pilot to the pilot 30 days prior to any enforcement action.

-- Clarifies "statutory deference" in cases where FAA decisions are reviewed by the NTSB.

-- Requires the FAA to consolidate Notices to Airmen (NOTAMs) in a single database, simplifying the process by which a pilot gathers pre-flight conditions.

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-- Makes all Flight Service Station communications available to pilots. According the press release, Lockheed Martin currently runs the FAA's flight stations, and because Lockheed Martin is not a government entity, Freedom of Information Act requests for FSS communications are not required to be given. The bill argues that these communications could provide for a more informed defense for any pilot involved in an enforcement action.

-- Would require clarification of the FAA's medical review process. "The bill requires a review of the FAA's medical certification process and forms," the release states, "to provide greater clarity in the questions and reduce the instances of misinterpretation that have, in the past, lead to allegations of intentional falsification against pilots."

The last point could raise some interesting questions about the already-controversial review process that pilots looking to be medically certified as fit-to-fly by the FAA must undergo. The NTSB recently called the FAA's decision to re-certify pilot Terry Smith -- who was piloting a DeHavilland DHC-3 Otter in August of last year when it crashed, killing former Alaska Senator Ted Stevens and four others -- two years after he suffered a stroke, "inappropriate."

The NTSB argued that Smith may have indeed been fit for certification, but the medical review process by which his recertification occurred was not thorough enough. The language of the new bill wouldn't imply opposition to a thorough examination, but would rather seek to ensure clarity in the process.

Contact Ben Anderson at ben(at)alaskadispatch.com

Ben Anderson

Ben Anderson is a former writer and editor for Alaska Dispatch News. He left the ADN in 2017.

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