Originally Posted by
Cubdriver
Warning letters are not PRIA reportable if I understand them, so it's between the pilot and the FAA and by definition and it is a completely confidential item not to be disclosed by anyone even when asked if about it if they do not wish to (ie. on job apps).
This is most definitely NOT the case. The warning letter is an administrative action, one step shy of a violation, and is placed in the pilot's record, fully reportable for a period of two years. It is NOT confidential, and it will be viewed when FAA records are requested as part of the prior records improvement act process.
Originally Posted by
Cubdriver
As JNB said, the FAA uses a warning letter to let a pilot know there is a penalty coming soon if they do the same kind of thing again.
That is NOT the purpose or content of a letter of warning. The warning letter is often used when the FAA has no case. I have received two of them, both without merit, both stating that no evidence of wrongdoing could be found, then stating that XXX is a violation of the regulation. The wording of the letter gives the appearance that the recipient is guilty, when in fact the opposite is true. Moreover, it's placed in the recipient's record for a period of two years (and frequently remains there considerably longer, unless action is taken by the recipient).
In most cases, the future employer doesn't see the content of the letter; simply that a warning letter was issued for a regulatory violation. For all intents and purposes, it appears as though the recipient has violated the regulation. It's far from a slap on the wrist.
Originally Posted by
Cubdriver
The only way a warning letter might be viewed as out of line in my opinion, is the occasional instance where the FAA actually has the wrong man. In such cases you should be able to get the FAA to drop it anyway during the first phone conversation with the investigator.
The ONLY purpose of that discussion with the inspector is to garner evidence to use against you. One would do well to keep that in mind.
As for having "the wrong man," I can tell you from personal experience that such thinking is quite naive.
Don't ever call the FAA expecting that you can "get them to drop it." Very, very naive.
Originally Posted by
Cubdriver
In my view, hiring a lawyer to get you out of some minor infraction is 1) disingenuous, 2) undermines the basic penalty system, 3) costs money, 4) wastes everybody's time and 5) does not make anyone a better pilot.
Seeking legal counsel isn't about trying to weasel out of "taking your lumps." The system within which the FAA works, under Administrative law, is not your grand-daddy's criminal or civil law. One is very much presumed guilty until proven innocent. This is why the sentence is handed down BEFORE you get to prove your case; once you've been sentenced (violated), THEN you get to appeal. Any statements you have before then aren't testifying in your defense; you're testifying against yourself. This is a critical distinction. If you don't understand this and you believe differently, invest the effort and time to speak with legal counsel and get educated.
Hiring legal counsel does NOT undermine the "legal system."
Hiring legal counsel is not "disingenuous." It's the wisest thing you can do. I find that the majority of pilots with whom I speak (clearly evidenced here, in fact) have a very poor understanding of the regulation, particularly the enforcement process. What it means to an inspector and what it means to a career pilot are two vastly different things.
Hiring legal counsel does not waste anyone's time. It may save your career, though.