tabri59e

Hi all,

I'm currently working my butt off as an instructor trying to get my hours in given the ATP rule change. That's hard enough, let alone the fact that earlier this year, I was involved in an incident that luckily no one was killed or injured in.

Though the FAA investigators said right after the incident they could see nothing significant that I did wrong and if anything a lot of things that I did right that led to the loss of power, as expected, I received a Letter of Investigation which was followed by a month of worrying.

After countless interviews and e-mails, I received a Letter of No Action (Yippy!) followed by another letter stating that the investigation was complete. I thought I could finally move on and focus on instructing and putting what happened that day behind me.

While out of state, ironically ferrying the replacement plane for the company, I learned that I missed a certified letter from the local FSDO. No big deal at first, I thought it had to do with the ATC tapes I requested but haven't received. But nope, turns out that someone in the long chain decided that a Letter of No Action couldn't be issued and that the letter stated that they rescinded the Letter of No Action and reopened the investigation without a Letter of Investigation and replaced it with a Warning Letter.

Part of me really wanted to appeal and fight this. I, and the original letter from the actual investigator in charge, believe that no FAR was violated. This process has been...messy...on the FAA's part to say the least.

The other part of me feels that it's just a Warning Letter, not a violation, reexamination, citation, etc. It's gone from my OKC file in two years and I wouldn't have to bother with an appeal process for just an administrative action with a FSDO that I can't come close to reading.

I've been getting mixed messages from people I talked to on challenging it. Any advise would be helpful.

Thanks!

PotatoChip

If you honestly feel you've done nothing to warrant a Letter of Warning, I would challenge it. There are 10,000 other pilots who have never had a Letter in their file to talk about during an interview.

PerfInit

It is unusual for a "reversal" of outcome like this. However, a Letter of Warning is not really an adverse action that is "Appealable" in accordance with Administrative Law. Take a look at FAA Order 2150.3b and also 49 USC Section 44701-44709 for further info.

You could write a letter to the FSDO Manager explaining your discontent with the reversal, and even request a meeting with the Manager. However, it is doubtful those efforts will change the outcome.

The warning letter will be expunged in a few years. Lots of good pilots have warning notices. We're not perfect, but we learn from our mistakes hopefully, and move on..

Hope this helps!

Amjadian

Get a lawyer. If you have aopa membership they offer free legal advice. A friend had to use it a while ago and it literally saved his bacon

tabri59e

I think I'm going to take your advise @PerfInit. I called AOPA and the person I talked to suggested that a warning letter isn't worth the fight since it's not a violation and nothing comes good fighting the FSDO over an administrative matter like this.

I'll write a letter back stating my disapproval with their reversal and process, especially given the fact that nothing new came up evidence wise to cause it. I'm hoping that my actions in preventing a worst situation that day and ADM will out weigh the bi-polar actions of the FSDO.

sawtooth500

Do a PRIA request on yourself, and if the letter doesn't come up there then you are clean. The PRIA request is what airlines will see when they check your "record" at the FAA