Question 18v - New guidelines from the FAA

[bb10pilot]

Does this only apply to the criminal court system, or does this apply to things such as university residence hall discipline as well?

Violating a university's housing policies (noise, alcohol, maximum occupancy) is handled internally, and is not a criminal/civil problem, unless the police get involved in the violation, which you would know about! Although I am curious myself if it applies to "administrative action" (I think not--isn't a court setting) or "educational programs" ( not sure --would a university program to remedy your violation match the language?) I agree with the Dr., it isn't a formal legal action and I don't believe it even shows up in any background checks - it's like your Mom slapping you on your wrist for breaking the rules.

If anyone knows anything else regarding this I would be curious to know!

 

[Inverted25]

Violating a university's housing policies (noise, alcohol, maximum occupancy) is handled internally, and is not a criminal/civil problem, unless the police get involved in the violation, which you would know about! Although I am curious myself if it applies to "administrative action" (I think not--isn't a court setting) or "educational programs" ( not sure --would a university program to remedy your violation match the language?) I agree with the Dr., it isn't a formal legal action and I don't believe it even shows up in any background checks - it's like your Mom slapping you on your wrist for breaking the rules.

If anyone knows anything else regarding this I would be curious to know!

It says right in the question on the application that it does involve adminstrative action and attendance at educational programs. And these two do show up on background checks. I run background checks when I hire people where I work (non aviation job) and it will come back and say attended educational classes in lieu of so and so conviction. You can also look up the docket if you know what court they were sent to and it will have a play by play of how the trial went.

 

[bb10pilot]

I was referring to the university's housing policy violation in regards to the background check, not the administrative action/educational program part. Still have to work on writing coherent sentences. Good info to know though!

 

[rockman2343@aol.com]

If a DUI and attempted resisting arrest conviction from 2006 has been previously reported do I need to bring all the court, driving records etc,, to my next flight physical?

 

[My Flight Surgeon]

No, only the first time you report the DUI. If it was reported previously, just write for an explanation "previously reported, no change"

 

[Bandit_Driver]

Ok I have to ask. I am good friends with several attorneys (non-aviation). They do a lot of DUI work and they have always said REFUSE ALL TEST period as it makes the defense and negotiations much easier and the prosecution has no evidence to work with other than possibly a grainy tape. To me it seems like an ok strategy for non-pilots.

But for Pilots isn't this just as good as throwing your medical in the trash for couple of years and having to beg borrow and plead to get it back?

 

[My Flight Surgeon]

I suppose this was implemented prior to 02/07/2011 and after 01/01/2011? I went for my First Class renewal on 02/24/2011 and received a letter in the mail today from CAMI. They want the following: Court records, arrest records, driving record, a detailed statement and an evaluation from a Substance Abuse Specialist/Addictionologist. There has been no action taken against my medical. However, 30 days to provide pertinent information and such...
Even though my DUI was previously reported, am I to provide this as if I'm submitting my initial medical application? Am I just tossing bananas to this 800 pound gorilla, or did Quality Control just miss it the initial go-around? I've contacted AOPA legal services. However, I'd really like some advice on the absolute best way to proceed.
Thanks and hooray for my first post!!!

It was implemented 02/03/2011

 

[My Flight Surgeon]

Ok I have to ask. I am good friends with several attorneys (non-aviation). They do a lot of DUI work and they have always said REFUSE ALL TEST period as it makes the defense and negotiations much easier and the prosecution has no evidence to work with other than possibly a grainy tape. To me it seems like an ok strategy for non-pilots.

But for Pilots isn't this just as good as throwing your medical in the trash for couple of years and having to beg borrow and plead to get it back?

The FAA views a refusal the same as a positive test. You will end up having to get a substance abuse evaluation and maybe spending 3 years in the HIMS program.

 

[Stomp16]

I know a pilot who got into trouble for something other than alcohol. He lost his medical, completed an approved substance abuse program, submitted all the paper work and received his medical back. A few months later, the medical was again suspended. It was unexpected as he wasn't even employeed in tha aviation industry when they took it again. It seems as though whomever reissued the medical was overridden and it therefore the medical was again suspended. Long story short, even if you get it back, it may not be the final answer.

 

[Inverted25]

I know a pilot who got into trouble for something other than alcohol. He lost his medical, completed an approved substance abuse program, submitted all the paper work and received his medical back. A few months later, the medical was again suspended. It was unexpected as he wasn't even employeed in tha aviation industry when they took it again. It seems as though whomever reissued the medical was overridden and it therefore the medical was again suspended. Long story short, even if you get it back, it may not be the final answer.

was it drugs?

 

[Stomp16]

Drug, singular.

 

[brg3131]

this song sums up me ordeal with the FAA in DC.

I've been waiting on my medical for over 3 months now. I have verbal confirmation from Dr. Duvall that my second class medical will be granted. Still waiting on the bureaucracy of the FAA to kick in and grant me the privileged to pursue my dream.

 

[DE727UPS]

I had my last medical deferred to the FAA. Sept 29th was the day of my exam and got the letter from the FAA December 27th. Pretty crappy service, especially over a minor issue and when a guys career is sidelined.

 

[SpiraMirabilis]

Had mine deferred for 2 months too when I was a flight instructor. I discovered that if the DME knew what he was doing he could have approved it. I think the moral of the story is that you shouldn't risk your career on some dude who is a DME as a sideline. Since then I have only gone to flight surgeons who that is their primary or better yet only business. They know the ins and outs of the byzantine FAA.

Also, second moral of the story is never mail something to the FAA that you could have faxed. It apparently takes 2 months to ensure you didn't ship them anthrax.

 

[brg3131]

Just a little update, I got my 2nd class medical in the mail Monday! Yay!!! I would be going to the airport but, I tore my ACL and meniscus in my right knee playing ice hockey and just had major reconstruction surgery, ugh! I'm grounded for 2 or 3 months. Hey, I finally got my FAA medical, 9 months after my initial denial. Gotta love the FAA, their motto, "we're not happy, until you're unhappy." Cheers guys!

 

[pericynthion]

The FAA views a refusal the same as a positive test. You will end up having to get a substance abuse evaluation and maybe spending 3 years in the HIMS program.

I never drive after drinking. A couple of months ago I was pulled over on suspicion of DUI after a couple of apparently over-assertive lane changes. The officer had me follow his finger with my eyes, then told me to slow down and let me go. If I am ever asked to provide a breathalyzer sample, I plan to refuse and insist on a blood test instead, since I believe that is less likely to give a false positive (due to mouthwash, mouth bacteria etc). Just to be sure - as long as I give a blood sample and it is negative / below 0.08, my medical won't be in jeopardy, right?

 

[David Martz]

Just a little update, I got my 2nd class medical in the mail Monday! Yay!!! I would be going to the airport but, I tore my ACL and meniscus in my right knee playing ice hockey and just had major reconstruction surgery, ugh! I'm grounded for 2 or 3 months. Hey, I finally got my FAA medical, 9 months after my initial denial. Gotta love the FAA, their motto, "we're not happy, until you're unhappy." Cheers guys!

 

[David Martz]

Good for you. When did you get your DUI and what was your BAC

 

[web265]

I never drive after drinking. A couple of months ago I was pulled over on suspicion of DUI after a couple of apparently over-assertive lane changes. The officer had me follow his finger with my eyes, then told me to slow down and let me go. If I am ever asked to provide a breathalyzer sample, I plan to refuse and insist on a blood test instead, since I believe that is less likely to give a false positive (due to mouthwash, mouth bacteria etc). Just to be sure - as long as I give a blood sample and it is negative / below 0.08, my medical won't be in jeopardy, right?

Not sure how they handle refusals in CA but here in NJ (from the drivers license point of view), you'd be better off taking the breath test and then getting your own blood test immediately afterwords if you felt there was a false positive.

The refusal would cause a revocation on it's own. My guess is the FAA would consider that an alcohol related offense. No?

 

[chicguy1]

They are crossing the t's and dotting the i's.