This is where we disagree. ASAP is one thing, but if you're dealing with the FAA outside of that program, and enforcement action is even the smallest possibility, lawyer up and quick. I don't care how touchy feely they get, you're still better off with an attorney. I'm reminded of traffic tickets, where people frequently say the same thing: "just be nice to the cop, admit that you might have been speeding, and ask for a warning." Yes, that will probably work 75% of the time. The other 25% of the time you end up with a ticket, and you've admitted guilt so you can't fight it. Me? I never admit to anything, refuse to answer questions, but still be polite. I get tickets, but my lawyer gets them thrown out, and my record is completely clean. Dealing with the FAA is the same, only with much higher stakes.
Having dealt first hand with the FAA this is my point. It is one thing to be cooperative when you have an ASAP program in place backed by ALPA and hopefully airline management. It is something else entirely to be trusting of the FAA when you are standing by yourself.
My example. I was very trusting of the FAA. I worked with several FSDOs through the FAAST program. I was often used by a FSDO to train pilots for 709 rides or for training in lieu of 709 rides. I gave seminars and classes in cooperation with the FSDO. It was the "newer, gentler FAA".
I changed locations and came into contact with a new FSDO. Initially the safety inspectors I met there were like those at other locations. Then it happened.
I won't go into the details, but I was giving flight instruction at a quiet, non-towered airport. One sleepy day I did two things. The first was a bone head move. One of those LTC Nicholson moments from the end of the "Bridge at the River Kwai" when you go "What did I just do." No harm, no one or thing put in danger, no one even around (or so I thought). I immediately told myself, "Self, don't do that again."
The second thing I did could technically be viewed as a violation as well, but I felt there were extenuating circumstances that warranted a deviation from FAA procedures. Again, no one put in danger and, I thought, no one around.
Someone was there, however, and reported me to the FAA. I was called in "for a chat". I was told nothing would probably come of it. Since I was a CFI they might ask me to give a class on the events as a learning tool, but that was it. If I wanted a lawyer I could bring one. I called AOPA legal and explained to them what happened. They said I could bring a lawyer, but the entire thing was pretty minor. Worst case I might get a letter in my file for a few years. So, thinking this was the newer, nicer FAA I'd been told about I went without a lawyer and decided to cooperate. Big, big mistake.
There were three safety inspectors. Two I knew and they were sympathetic. They commented that the bone head mistake was a good teaching event, while the second thing I did they felt they would have done the same thing. The other safety inspector? Well, let's just say he felt differently.
He was extremely confrontational, demeaning and belligerent. I was caught off guard and the other two safety inspectors started to become uncomfortable. At one point I really wanted to reach over and punch the guy out, but remained calm and polite.
I was told at the end of the meeting that I would be asked to give a class and that would be the extent of things. Several weeks went by. I called one my friends at the FSDO and received a shock. The safety inspector had recommended certification action against me and everything I said in that meeting was being used against me. Too late I got legal representation.
When I got the certification notice I was once more shocked. It recommended a 45 day suspension and the description of the meeting was nothing like I remembered. It made me out to be a real jerk. I immediately sent my two friends from the FSDO emails apologizing for my behavior at the meeting as I did not realize I was being a confrontational. Both called me back instead of emailing me. They said the safety Inspector's characterization of the meeting was false. I was extremely cooperative and polite in the face of his belligerence. Unfortunately neither was willing to put that in writing unless my lawyer subpoenaed them.
So now I have a lawyer. Things go on for 2 1/2 years. In the interim, at one point, the FAA lawyer tells my lawyer that this whole thing is kind of silly. Would I be willing to give a class on this as a learning tool and call it even? Of course I accepted. Months go by. My lawyer asks the FAA lawyer when I can give the class and is told by the FAA lawyer that he has been instructed to take the deal off the table. It was not in writing, so too bad.
Finally we get to the point where we can see a judge and my lawyer tells me more good news. The FAA delay tactics have chewed up my free AOPA legal insurance. Anything forward would be out of my pocket. Best case- we win and the FAA does not appeal to the NTSB (fat chance), I'm in the whole tens of thousands of dollars. I ask him to get the best deal he can.
It's reduced to a 15 day suspension. Now comes the really good part. The FAA loses my certificates. Since I surrendered them I can't fly until I get them back. The FAA finally finds them and returns them to me.... at the 45 day point.
So if people want to say I'm crazy, paranoid, not taking the FAA at their word, so be it. I will continue to recommend to pilots that if they go to the FAA without legal protection (which I consider ASAP to be), they are a fool
