P&P Dec 2012.pdf - Plane & Pilot News

Page 2 PLANE & PILOT NEWS December 2012
“because, I Say So”
editorial column by beverly Hartong
Forgive my error!
Have you ever had one of
those days when you think
you would have been better
off pulling the covers
over your head and skipping
the day? Well the day I
wrote my article last month
- was one of those days for
me. I always wait until right
before we layout and proof
to write my article, just in
case something important
lurks its head up. So I wrote
last months column - hit the
send button and that was
that. Proofed the papers and
it printed that evening ... ah!
another month in the books.
Then that night I woke up
out of sound sleep and realized
my whole column was
written about Autogas and
not AvGas!! As I was writing
I was thinking Avgas .... but
my hands typed AutoGas
.... so needless to say - I
really messed that up!! So
now, reread last months column
and insert the proper
terminology and the world
will be saved. Sorry for the
error and confusion. I did
learn that people do read
my column ... as they caught
my error too. Thanks, for
continued on page 20
DISPLAY ADVeRTISeRS INDeX
• A.E.R.O.
Page #
18
• Aerotech of Louisville 9
• Aircraft Technical Support 15
• Airport Windsock Corp. 8
• Alice K. Henry, Attorney 6
• Amanda Aviation 6
• AOPA 5
• Aviation Seminars 18
• BrightPortal 17
• Bruce’s Custom Covers 22
• Buckeye Flight Services 10
• Carroll Co. Airport Restaurant 9
• Castle Aviation 3
• Central Ohio Soaring Assoc. 14
• Clermont County Airport 24
• Corbi Aircraft Sales Inc. 19
• Custom Aviation 6
• David Bishop Aviation 23
• Dunkirk Aviation 10
• Edge Aircraft 7
• ESSCO Aircraft 23
• Fairfield County Airport 21
• ForeFlight 19
• Dr. Gary F. Swann 14
• Gleim Aviation 7
• Hartong Electric 23
• Jefferson County Airport 6
• Jim Trusty 19
• Koehler-Optics 20
• Lamp Aircraft & Pilot Shop 23
• Leading Edge Flight Training 2
• Lindy’s AircraftCaddy 17
• MacKenzie Aviation Insurance Agency, Inc. 12
• Madison Aviation Service 19
• Moody Aero-Graphics 8
• Novak Aircraft Maintenance 15
• Ohio State University Airport 15
• Packer & Assoc. 11
• Plane Works 14
• Plaza Inn 10
• Poplar Grove 14
• Preferred Airparts 13
• Premier Flight Academy 23
• Prince Aircraft Interiors 14
• Quality Avionics 19
• Rocky Mountain Sport Jets 18
• Schwiess Doors 6
• Skysurance Agency 21
• Spot 19
• Tiffin Aire Inc. 11
• Tri-City Airport 6
• Tri-Tex Air 18
• William F. Hayes 23
bill Hayes
Back in July of 2012,
Congress passed Public Law
112-53, 126 Stat. 1159 commonly
known as the Pilots
Bill of Rights. The FAA and
the NTSB have now acted
to implement this law. One
would think that there would
be no differences between
what Congress passed and
the procedures adopted by
the Board and the FAA. One
would be wrong.
What Congress did was
to pass a law directing the
FAA and the NTSB to make
changes on how they handle
enforcement cases. They
also ordered changes, among
other things, in how medical
certificate applications were
handled and improvements in
the NOTAM system.
The FAA has responded
by issuing a Notice to
Aviation Law
by William (bill) Hayes
Implementing the Pilot’s
bill of Rights
its employees as a means
of implementing the content
of the congressional legislation.
The NTSB has published
changes to its Rules
of Practice in the Federal
Register.
WARNING THIS STUFF
IS DULL. IF YOU INSIST
ON ReADING IT, I WOULD
SUGGeST THAT YOU FIRST
GO TO STARbUcKS AND
DRINK AS mUcH bLAcK
cOFFee AS YOU cAN
STAND.
My expectation of the
FAA and NTSB was that there
would be reluctant compliance
with the Pilot’s Bill of
Rights. In general, my experience
with state and federal
agencies is that they view
elected officials as “temp
help.” They come and go after
a few years and it is the job
of the regular employees of
government to deal with the
real work of government.
The response of the FAA
was not to change any of
the regulations they operate
under. I am not sure there
was any need. Instead they
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have issued a “Notice,” N
8900.195 as guidance to their
inspectors on how to comply
with Pilot’s Bill of Rights.
This notice became effective
August 8, 2012. Interestingly
the notice provides for its cancellation
on August 8, 2013.
The body of the Notice
contains an outline of the
Pilot’s Bill Of Rights and an
outline on how to comply with
its requirements. As usual the
bulk of the document deals
with exceptions, where compliance
with the Pilot’s Bill Of
Rights is not required.
The Notice includes
a number of sample letters
that can be used by inspectors.
They include Letter of
Investigation, Sample Written
Notification to an Airman
Applicant, Letter requesting
Reexamination, and a Letter
of Investigation for Formal
Remedial Training. All the letters
include the congressionally
mandated information:
(1) The nature of this investigation
as described above in
violation of the Federal Aviation
Regulations, and if so, what, if
any, enforcement action should
be taken.
(2) Oral or written response
to this Letter of Investigation is
not required, and no action can
be taken or adverse inference
made against you for declining
to respond to this Letter of
Investigation.
(3) Any response by you to
this Letter of Investigation or to
continued on page 20
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