Originally Posted by
NoyGonnaDoIt
Exactly. FSDO inspectors are not "the Administrator" any more than the police office walking the beat is "the Mayor." FAA Inspectors are agents and representatives of the Administrator with limited duties and authority (but with the power to make your life miserable).
Of course, Inspector = Administrator is a fun visualization, especially when you've watched "the Administrator" argue with "himself" during an enforcement investigation.
That is getting off track and straying somewhat from what is correct. There are those excerpts in the regulations that say "in a manner acceptable to the administrator" to give the inspector the latitude necessary to carry out the role of "the administrator". If someone were to bring in a logbook that doesn't make sense or in some other way doesn't pass the "reasonable test", this gives the inspector the latitude to reject the application, as an example. Now if that constitutes a breach of authority or something that you feel SHOULD pass the reasonable test, then you can appeal to region or regional counsel. Carrying out official duties means they are acting as "the administrator".
"A person authorized by
the administrator" (this is referring to inspectors authorizing DPEs, instructors, etc)
"documentation acceptable to
the administrator" (gov. ID, there is further guidance for "the administrator" beyond just what is in the regs)
" Each person who holds an airman certificate, medical certificate, authorization, or license required by this part must present it and their photo identification as described in paragraph (a)(2) of this section for inspection upon a request from:
(1)
The Administrator; (this is referring to the inspector)
(2) An authorized representative of the National Transportation Safety Board;
(3) Any Federal, State, or local law enforcement officer; or
(4) An authorized representative of the Transportation Security Administration."
etc.
I agree it's a "strange" way to write rules and view them, but this is how it's written and interpreted. I say this to try and help, as the legal context is the most important part to think about. Part 61 doesn't even mention inspectors until later on in the ATP section.