Originally Posted by JohnBurke

I dont know if the poster to who you refer has spent much time in FSIMS and 8900.1, but I have.

All suspicion is well founded, and quite warranted.

Oh, the **** I have seen.

Originally Posted by TommyDevito

Interesting.

It's been explained to you by others that the FAA has introduced the Compliance Philosophy and that ALL Inspectors and ALL offices are REQUIRED to use it. It's even written into the 8900.1 guidance as well as the 2150.3.

Yet you contend that a rogue inspector will just go on his own and pursue a EIR (Enforcement Investigative Report). Let me ask you this, if this rogue Inspector was to push an EIR on say a pilot deviation where the PIC is clearly cooperating, how would he do this and stay within the guidance? Can you point out in the 8900.1 guidance where he has the latitude to ignore the Compliance Philosophy and pursue an EIR?

Furthermore, the Inspector has a Supervisor (called a FLM) who must approve the EIR and issue the EIR number. Are you again telling us the supervisor will also ignore guidance and push this enforcement?

Let's go even further. The Office Manager must also approve the EIR, so will he go against stated guidance as well in this scenario?

And even further: The EIR must go to the FAA Attorney to handle this. Are you saying that all these people below him will knowingly and purposely ignore written guidance from the Administrator and that the Attorney will also knowingly and purposely ignore written guidance?

Hmmmm, seems to me if all of these people in the FAA were to knowingly and purposely ignore their guidance in handling this then the pilot in said scenario and his lawyer would have a slam dunk in getting this enforcement thrown out. Wouldn't you agree?

So bottom line is this: The compliance philosophy is written into guidance that anyone who wishes can go read. No secret gotchas, no secret avenues to screw over defenseless pilots. There are also many safeguards in place that can prevent anyone from pushing forward on a violation when there is no cause (compliant airman).

And finally, as I asked you before, if you can show us ANYONE in the past two years that has received a violation while being compliant I sure would love to see it.

Originally Posted by JamesNoBrakes

Unfortunately, my experience with “aviation attorneys” has been anything but. They don’t seem to read the guidance or regs, but follow a fairly standard MO, which seems to be only ignore and wait for a suspension order from the FAA attorney, which kind of screws compliance philosophy and even before that, often made things worse in the end. Maybe there are ones that are all schooled up on this, but I haven’t seen them unfortunately. I wish I could say they want to help you more than they want to get paid, but I’d expect a lot more competency than I’ve seen so far.

Originally Posted by JamesNoBrakes

Unfortunately, my experience with “aviation attorneys” has been anything but. They don’t seem to read the guidance or regs, but follow a fairly standard MO, which seems to be only ignore and wait for a suspension order from the FAA attorney, which kind of screws compliance philosophy and even before that, often made things worse in the end. Maybe there are ones that are all schooled up on this, but I haven’t seen them unfortunately. I wish I could say they want to help you more than they want to get paid, but I’d expect a lot more competency than I’ve seen so far.

Originally Posted by Blackhawk

Yup. But hey, they've been good for two years. All is forgiven. We can trust them now.