Originally Posted by
JohnBurke
There is an old, but persistent myth that a pilot must physically hold the pilot certificate and not allow the inspector to hold it, because it could be considered "surrendering" the certificate. This is idiotic, but I still hear pilots perpetuate the falsehood to this day.
Surrender is a formal process of not only giving the medical or pilot certificate back to the FAA, but formally declaring that one is surrendering the certificate. If the FAA wants to take it, they may do so through suspension or revocation, but neither of those are accomplished by simply holding the certificate, and the FAA is not allowed to take either one without administrative action (a suspension or revocation).
Correct, except the process of a suspension or revocation is legal action, not administrative, within the boundaries of civil law, unless exceptional circumstances push it to criminal (extremely rare). The FAA has no right to "take certificates" without due process. The administrator can, in an emergency order, suspend or revoke a certificate when there is a demonstrable imminent threat to public safety, but even that has several steps of due process and notifications that have to be met and can be overturned by the NTSB judge upon information from the other party, all before finalized.