FAA Pursuit of Dated Violations
#31
#32
Sort of.
CMO staffing is (obviously) determined by the size of the airline. I know personally of one airline which was under increasing and draconian scrutiny from their CMO (co-located with airline HQ which happened to be in a very nice geographic location)...well the airline threatened to move some HQ functions and their certificate to another base (which was a decidedly NOT very nice geographic local). The CMO got in line real quick, even the line pilots saw the difference.
In this particular case, IMO the CMO was out of line to begin with, essentially implementing personal vendettas. But just goes to show that the FAA may not be as impartial as one might expect.
CMO staffing is (obviously) determined by the size of the airline. I know personally of one airline which was under increasing and draconian scrutiny from their CMO (co-located with airline HQ which happened to be in a very nice geographic location)...well the airline threatened to move some HQ functions and their certificate to another base (which was a decidedly NOT very nice geographic local). The CMO got in line real quick, even the line pilots saw the difference.
In this particular case, IMO the CMO was out of line to begin with, essentially implementing personal vendettas. But just goes to show that the FAA may not be as impartial as one might expect.
That said, staffing positions are determined by the size and complexity of the airline. More complex airline=more people and to some extent, higher pay for the more complex position, but there's no direct relationship as claimed before, it doesn't work like that. You might get authorized to hire more people if an airline gains airplanes and becomes bigger (but not always!), but there are only about 3 pay-grades that active inspectors exist at, and only two where they have oversight (assigned airlines and certificates), so it's generally not a wide range of pay. The only way to get an increase in pay is to get a step-increase (longevity that increases the first few years and then every few years after that, gradually tapering off) or get a promotion to the next grade, which takes applying and getting selected for a job. You can sometimes get a pay increase by a grade by taking a temporary detail, but that's usually a double-edged sword, may turn into permanent, may put you right back where you started. Most inspectors are either topped out in grade or one grade away from topping out though, because the 2-grade span I mentioned above is where you have the ability to have oversight, which makes you "useful" as an inspector. Point I'm getting to is that there isn't much range in grade and pay.
#33
Disinterested Third Party
Joined APC: Jun 2012
Posts: 6,023
Sort of.
CMO staffing is (obviously) determined by the size of the airline. I know personally of one airline which was under increasing and draconian scrutiny from their CMO (co-located with airline HQ which happened to be in a very nice geographic location)...well the airline threatened to move some HQ functions and their certificate to another base (which was a decidedly NOT very nice geographic local). The CMO got in line real quick, even the line pilots saw the difference.
In this particular case, IMO the CMO was out of line to begin with, essentially implementing personal vendettas. But just goes to show that the FAA may not be as impartial as one might expect.
CMO staffing is (obviously) determined by the size of the airline. I know personally of one airline which was under increasing and draconian scrutiny from their CMO (co-located with airline HQ which happened to be in a very nice geographic location)...well the airline threatened to move some HQ functions and their certificate to another base (which was a decidedly NOT very nice geographic local). The CMO got in line real quick, even the line pilots saw the difference.
In this particular case, IMO the CMO was out of line to begin with, essentially implementing personal vendettas. But just goes to show that the FAA may not be as impartial as one might expect.
Still not paying off the FAA. In fact, insofar as the ridiculous assertion that the airline or airman is paying the FAA, it's irrelevant.
#34
New Hire
Joined APC: Jun 2017
Posts: 1
[QUOTE=JohnBurke;2308920]
The Miranda warning applies to police, in criminal cases, but not to inspectors in administrative cases. /QUOTE]
NOT ENTIRELY CORRECT
Statements gained in administrative cases, like tax, ATF Inspections and Immigration cases, can and will be used in a criminal proceeding.
There's a 1968 case that held that evidence(statements) gaining in administrative questioning can be used in a criminal proceeding, (see https://supreme.justia.com/cases/fed...91/1/case.html).
In most cases an FAR violation is handled administratively, BUT SOME FAR VIOLATIONS HAVE PARALLEL CRIMINAL VIOLATIONS.
Here's an example of evidence gain during an administrative action used in a subsequent criminal action.
The Threat of Parallel Investigations: When Civil Isn?t Civil
Always consult AOPA or your legal counsel before dealing with the FAA.
The Miranda warning applies to police, in criminal cases, but not to inspectors in administrative cases. /QUOTE]
NOT ENTIRELY CORRECT
Statements gained in administrative cases, like tax, ATF Inspections and Immigration cases, can and will be used in a criminal proceeding.
There's a 1968 case that held that evidence(statements) gaining in administrative questioning can be used in a criminal proceeding, (see https://supreme.justia.com/cases/fed...91/1/case.html).
In most cases an FAR violation is handled administratively, BUT SOME FAR VIOLATIONS HAVE PARALLEL CRIMINAL VIOLATIONS.
Here's an example of evidence gain during an administrative action used in a subsequent criminal action.
The Threat of Parallel Investigations: When Civil Isn?t Civil
Always consult AOPA or your legal counsel before dealing with the FAA.
#35
[QUOTE=OnMissed;2379491]
Valid point, but I would argue that ANY tax matter has criminal potential. Even if you didn't MEAN to screw up your taxes, it could still be a crime.
But in aviation if you say missed a crossing restriction, the potential for a criminal investigation is pretty much zero (in the US). So it might work out for you to come clean and rely on the new enforcement philosophy.
But if there's any complications like alcohol, lying to the FAA or any other fed, or any sort of ancillary criminal activity you'd better keep your trap shut and get a lawyer. Same for any sort of intentional FAR violations, or bent metal (in the later case, to protect you from civil lawsuits from other parties, not the FAA).
The Miranda warning applies to police, in criminal cases, but not to inspectors in administrative cases. /QUOTE]
NOT ENTIRELY CORRECT
Statements gained in administrative cases, like tax, ATF Inspections and Immigration cases, can and will be used in a criminal proceeding.
There's a 1968 case that held that evidence(statements) gaining in administrative questioning can be used in a criminal proceeding, (see https://supreme.justia.com/cases/fed...91/1/case.html).
In most cases an FAR violation is handled administratively, BUT SOME FAR VIOLATIONS HAVE PARALLEL CRIMINAL VIOLATIONS.
Here's an example of evidence gain during an administrative action used in a subsequent criminal action.
The Threat of Parallel Investigations: When Civil Isn?t Civil
Always consult AOPA or your legal counsel before dealing with the FAA.
NOT ENTIRELY CORRECT
Statements gained in administrative cases, like tax, ATF Inspections and Immigration cases, can and will be used in a criminal proceeding.
There's a 1968 case that held that evidence(statements) gaining in administrative questioning can be used in a criminal proceeding, (see https://supreme.justia.com/cases/fed...91/1/case.html).
In most cases an FAR violation is handled administratively, BUT SOME FAR VIOLATIONS HAVE PARALLEL CRIMINAL VIOLATIONS.
Here's an example of evidence gain during an administrative action used in a subsequent criminal action.
The Threat of Parallel Investigations: When Civil Isn?t Civil
Always consult AOPA or your legal counsel before dealing with the FAA.
But in aviation if you say missed a crossing restriction, the potential for a criminal investigation is pretty much zero (in the US). So it might work out for you to come clean and rely on the new enforcement philosophy.
But if there's any complications like alcohol, lying to the FAA or any other fed, or any sort of ancillary criminal activity you'd better keep your trap shut and get a lawyer. Same for any sort of intentional FAR violations, or bent metal (in the later case, to protect you from civil lawsuits from other parties, not the FAA).
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03-08-2006 06:56 PM