Altitude deviation accusation

Got the LOI. It didn't offer much except to say I was being investigated for operating contrary to a clearance. I hired an aviation attorney and "cooperated" through him. We have requested whatever evidence they have against me. Since they won't really tell me what I'm accused of and I don't think I did anything wrong it's impossible to even say I'm sorry or offer anything other than "I believe I operated my aircraft in compliance with all clearances."

It's now been a few weeks since we responded asking for whatever they've got and I haven't heard anything.

This is as much fun as a root canal.
 
Received a Warning Letter today tellng me that no enforcement action was required but I was formally warned and expected to follow regulations.

The reg cited was generic about operating in compliance with clearances.

I'm glad this ordeal is over. They never did send me the tapes or radar plots so I don't really know what I was warned not to do again but I'll be sure not to do it!

Thanks to all who replied.
 
Hummmmm.......Not sure if you want to poke the bear here but this is something that stays on record for 2 years

"Although the warning letter is not a formal finding of violation, it stays in the certificate holder’s file at the FAA for a period of two years and is then expunged from the file. In the event of a future investigation or enforcement action prior to being expunged, the FAA will consider the warning letter when it decides how to proceed in that later case."

If you didn't do anything wrong and they can't prove anything I might ask that they remove this "action" all together. But you might creating a bigger issue than needs be. A lot of people have suggested you reach out to a legal professional for advice.

As you would now and for the next two years at least have to tell potential jobs that this happened I might try to get it expunged sooner rather than wait two years for it to drop off on its own.
 
av8tr1 said:
Hummmmm.......Not sure if you want to poke the bear here but this is something that stays on record for 2 years

"Although the warning letter is not a formal finding of violation, it stays in the certificate holder’s file at the FAA for a period of two years and is then expunged from the file. In the event of a future investigation or enforcement action prior to being expunged, the FAA will consider the warning letter when it decides how to proceed in that later case."

If you didn't do anything wrong and they can't prove anything I might ask that they remove this "action" all together. But you might creating a bigger issue than needs be. A lot of people have suggested you reach out to a legal professional for advice.

As you would now and for the next two years at least have to tell potential jobs that this happened I might try to get it expunged sooner rather than wait two years for it to drop off on its own.
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Roger that....I did hire an aviation attorney. There was....it seems....from what he gleaned....an erroneous reading from my Mode C. I am blessed to have the job I plan to retire from (God willng) and if I find myself looking for employment something has happened so bad I will be explaining that rather than this nonsense.

The Attorney advised me to accept a warning and not screw with them. Perception is 9/10 of reality. Their perception of this whole thing is much different than mine because I was there- they weren't.
 
av8tr1 said:
Hummmmm.......Not sure if you want to poke the bear here but this is something that stays on record for 2 years

"Although the warning letter is not a formal finding of violation, it stays in the certificate holder’s file at the FAA for a period of two years and is then expunged from the file. In the event of a future investigation or enforcement action prior to being expunged, the FAA will consider the warning letter when it decides how to proceed in that later case."

If you didn't do anything wrong and they can't prove anything I might ask that they remove this "action" all together. But you might creating a bigger issue than needs be. A lot of people have suggested you reach out to a legal professional for advice.

As you would now and for the next two years at least have to tell potential jobs that this happened I might try to get it expunged sooner rather than wait two years for it to drop off on its own.
Click to expand...

I can appreciate wanting to fight for what's right (since it sounds like the guy didn't do anything wrong in the first place), but, on the flip side, fighting to get said warning letter removed in its entirety may stir up far more than what could be gained.
 
I dont think I could let it go. I would do one of two things. Think I would crap in a box and mail it to the facility or at least call the manager and tell him you dont appreciate the grief they caused you for no reason and then ask for the region office phone number to file a complaint.
 
Well thanks for those thoughts....

I'm letting it go. Yes, someone involved in this was a real dixxhead. Out to to teach this old dog a new trick or a lesson or whatever their agenda might have been. That's on them at this point. My side of the street is clean. Pursuing it would be like trying to teach a pig to dance. The pig would never learn and all I would accomplish is pixxing me and the pig off. The pig might bite and at the very least I would end up with pig stuff on me.

Maybe its karma. I dunno. I have made a bunch of mistakes in my career and every time the good folks in ATC said "no worries". I've covered for them as well. Once, (and I'll date my self) while flying FO on the 727 I broke out of the clouds at 300 feet or so on an ILS. I looked up and saw a big silver thing in front of me. It was a DC-10 in postion and hold on Miami runway 27L. Went around. I never told on the controller. Besides...go arounds are fun when it's not my fault! How often are they running real ILS approaches close to mins at MIA anyway?

I always say pick your battles. Tempting as it might be, I'm going to pass on this one.
 
Just a thought but you can certainly file a FOIA request for the tapes and radar data. It'll probably take the 2 years until the warning letter is up to get it, but they will be required to send it to you at some point. Also, you can request a tour of the facility and while on said tour ask if you can maybe take a look at an incident you had. QA will be able to pull it up in a few clicks of the mouse. (most likely have the file saved due to the action taken on it) Just let them know you were never able to see it or listen to the tapes and are just curious. They may or may not go for it.
 
klkm said:
Just a thought but you can certainly file a FOIA request for the tapes and radar data. It'll probably take the 2 years until the warning letter is up to get it, but they will be required to send it to you at some point. Also, you can request a tour of the facility and while on said tour ask if you can maybe take a look at an incident you had. QA will be able to pull it up in a few clicks of the mouse. (most likely have the file saved due to the action taken on it) Just let them know you were never able to see it or listen to the tapes and are just curious. They may or may not go for it.
Click to expand...

I'd imagine the facility would let him watch the replay. No reason they wouldn't, especially since he's the pilot.
 
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