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Old 07-12-2009, 08:50 AM
  #41  
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FS21....too far into it to ask for a hold and be considered sane. I sent a letter to the FSDO asking for them to make an exception based on my unique circumstances and extend the 30 day deposit until I am done with training.

If they refused, I asked for it to be in writing and told the person handling the case I was speaking with an attorney. That was weeks ago. I haven't heard anything back. I checked my licenses online to see if they were trying to pull something sneaky but everything was in order. My attorney seems to think that either the guy realized his hard-nosed approach was not going to work, or my request is at the FAA Legal office pending response. If that is the case, I am hoping that an attorney will see it our way. In either case, I am not taking the ride (if I even have to now) until I get home because, based on past events, I am seriously having second thoughts on this particular FSDO's objectivity when it comes to giving rides. I spoke to the FSDO back home and they called BS. I asked to do the ride with them later down the road if I had to do it and they were happy to help. I don't know why another person in the same position saw things my way, but another person with the same training and job didn't. Odd.

For anyone else who browses through this thread, do yourself a favor: don't just roll over because its the "big, bad, FAA." Their seemingly final word on regs, rules, etc., isn't the end all be all of all things aviation related. There is always something more you can do to prove your point without being a nuisance or rude. Explore your options, and find solutions. Problems tick everyone off, solutions are always welcome.
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Old 07-12-2009, 01:23 PM
  #42  
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Good luck.

Chinook, have you spoke with your attorney about whether getting in touch with your senator or congressional rep might be a good idea? "FAA beating up on our men in uniform" does not have a good political ring to it.
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Old 07-12-2009, 02:58 PM
  #43  
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We talked about it, but decided to wait and call in those big guns when the situation dictates. No sense in using a firetruck to put out a coleman stove just yet!
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Old 07-13-2009, 05:20 AM
  #44  
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ChinookDriver47 - which FSDO is digging their heels in so hard? This is just for my own reference - a few other CFI's I know looking to go USAR/ARNG aviation. Just so I might know what to tell them should they ever get in this situation... Please keep us posted as I'm sure I'm not the only one watching this tread with substantial interest.
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Old 07-13-2009, 05:23 AM
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FAA Order 8900.1 (FAA inspector guidance) states that a 44709 re-exam may be delayed beyond the usual 30 day time limit for unusual circumstances. This is usually reserved for persons that are injured as a result of an aircraft accident. I would think that if you had orders to be deployed overseas very soon, that may also be justified.

By delaying submitting to 44709, you are taking a risk of having all of your FAA certificates suspended pending compliance with Title 49 USC 44709(a), which the FSDO is authorized to do by US Federal Law. If the FSDO has given you a resonable opportunity to accomplish the ride, and you refuse, then they have enough evidence to recommend suspension. Although an attorney is always a good idea, it won't help you very much here.

Your best option is to get it over with, especially if you desire a future career in the airlines. A suspension of your airman certificate would not be a good thing to have to explain during an interview.

Best of Luck!
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Old 07-13-2009, 04:11 PM
  #46  
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Birmingham, AL. They cover all of AL and NW Florida.

Originally Posted by Vampilot View Post
ChinookDriver47 - which FSDO is digging their heels in so hard? This is just for my own reference - a few other CFI's I know looking to go USAR/ARNG aviation. Just so I might know what to tell them should they ever get in this situation... Please keep us posted as I'm sure I'm not the only one watching this tread with substantial interest.
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Old 07-13-2009, 04:12 PM
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REALLY??? Are you serious, man? Did you even read the whole thread and find out what my particular UNUSUAL circumstances were? Really.....


On the contrary, an attorney help me out very much and gave me some very good ideas and insight into this whole process.


Seriously, think before speaking.

Originally Posted by PerfInit View Post
FAA Order 8900.1 (FAA inspector guidance) states that a 44709 re-exam may be delayed beyond the usual 30 day time limit for unusual circumstances. This is usually reserved for persons that are injured as a result of an aircraft accident. I would think that if you had orders to be deployed overseas very soon, that may also be justified.

By delaying submitting to 44709, you are taking a risk of having all of your FAA certificates suspended pending compliance with Title 49 USC 44709(a), which the FSDO is authorized to do by US Federal Law. If the FSDO has given you a resonable opportunity to accomplish the ride, and you refuse, then they have enough evidence to recommend suspension. Although an attorney is always a good idea, it won't help you very much here.

Your best option is to get it over with, especially if you desire a future career in the airlines. A suspension of your airman certificate would not be a good thing to have to explain during an interview.

Best of Luck!
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Old 07-13-2009, 04:14 PM
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Update: The FSDO agreed with my request and extended the temp deposit for 120 days. I can request an extension beyond that if my military circumstances remain unchanged. I will still probably do the ride back home at an airport and area I am familiar with and good-ole' SEA Class B airspace. Once that is done, I will have to send the notice of results to the FSDO here to get my licenses sent back to me.

This was the ultimate compromise between the Feds and the Army. I was always willing to do the ride, I just couldn't do it in the time frame they wanted for bigger reasons.

THANK YOU AOPA!
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Old 07-13-2009, 04:23 PM
  #49  
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Good deal.

I wonder, though, when you are done with orders, you are PCS'd back to Ft Homestation (in the NW, right?). Do you have to still do it with BHM?
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Old 07-13-2009, 06:41 PM
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It is my understanding that the ride can be done with any FSDO. The original request for the ride stated that it did not HAVE to be done with this FSDO. I am going to scan the letter to my lawyer, and ask that very same question. If needs be, I will write the FSDO back and ask for an amendment stating that the ride can be done at a FSDO that is the most convenient.
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