Search

Notices
Aviation Law Legal issues, FARs, and questions

Please help me !

Thread Tools
 
Search this Thread
 
Old 06-08-2016 | 02:53 PM
  #11  
Line Holder
 
Joined: Nov 2011
Posts: 743
Likes: 0
From: Admiral
Default

Originally Posted by BoeingUA
Okay I will try and contact an aviation lawyer and get some advice but thanks guys just needed other peoples thoughts in this as well. On the regulation is says for certificate or rating is the written a certificate ?
The knowledge exam is not.
Reply
Old 06-09-2016 | 04:21 AM
  #12  
Disinterested Third Party
 
Joined: Jun 2012
Posts: 6,758
Likes: 74
Default

Originally Posted by BoeingUA
So I got a ticket earlier this year for possession of marijuana and I read this on the code of Federal Regulations..............I just finished my class of primary ground school and got an endorsement to take the knowledge test but I have not yet started flying. My question is can I still fly and get the hours I need in order to take the test ? Does it mean I cannot fly until the year is up? Or does it simply mean I just cant take the test until the year is up ?

§61.15 Offenses involving alcohol or drugs.

(a) A conviction for the violation of any Federal or State statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for:

(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of final conviction; or
You already quoted the regulation. You can take flight training. You can be denied an application for an airman certificate for a year after your conviction, so while you can legally train, actually taking your checkride and getting a sport pilot, private pilot, etc, may not be possible.

If you're considering flying for a living (this is a career website), you really need to think about your values. Possessing illegal substances isn't a wise career move, nor a particularly valued trait for someone who wishes to carry passengers or be trusted with hundreds of millions of dollars of an employers equipment.
Reply
Old 06-09-2016 | 08:32 AM
  #13  
Thread Starter
On Reserve
 
Joined: Jun 2016
Posts: 11
Likes: 0
Default

Yes I know it is a hard thing for employers to see and trust me with but I know I will not get any more tickets and like I mentioned I have stopped hanging around those type of people I am focusing on school and aviation. I've realized how much I lost the moment I got the ticket and don't ever want this to haunt me for a stupid choice I made.
Reply
Old 06-10-2016 | 09:40 AM
  #14  
rickair7777's Avatar
Prime Minister/Moderator
Veteran: Navy
 
Joined: Jan 2006
Posts: 44,870
Likes: 668
From: Engines Turn or People Swim
Default

Originally Posted by BoeingUA
Yes I know it is a hard thing for employers to see and trust me with but I know I will not get any more tickets and like I mentioned I have stopped hanging around those type of people I am focusing on school and aviation. I've realized how much I lost the moment I got the ticket and don't ever want this to haunt me for a stupid choice I made.

If you're very young (college age or younger), this will not be a big deal for you although the FAA might not let you earn any ratings for a year.

The big thing that you have going for you is that you're not actually a pilot of any sort yet (taking some classes doesn't count). The FAA and future employers would be WAAAAY more concerned about this if you were already a pilot, especially a professional pilot.

The industry is somewhat forgiving of harmless youthful indiscretions in your pre-aviation past.

But if you're older, airlines will have some reservations since they will think you should know better. You could probbably still get hired by a bottom-feeder regional though.
Reply
Old 06-11-2016 | 06:27 PM
  #15  
Thread Starter
On Reserve
 
Joined: Jun 2016
Posts: 11
Likes: 0
Default

Thank you rickair7777 for your input, I was 18 when I got the ticket and yes I am just beginning to take the classes I do plan to wait the full year and just read and study the whole book again until the time is up. I am just so disappointed in myself but thanks it keeps me thinking positive.
Reply
Old 06-12-2016 | 12:32 PM
  #16  
Gets Weekends Off
 
Joined: May 2013
Posts: 198
Likes: 0
Default

You should join AOPA and then pay the $49 extra for the Pilot Protection Plan.

It will enable you to discuss the situation with an Aviation Attorney and also medical experts for free (after the $49).

The AOPA experts will have dealt with all this .....many times over!

It will be the best $49 you can spend this year!
Reply
Old 06-13-2016 | 07:40 AM
  #17  
Gets Weekends Off
 
Joined: Nov 2010
Posts: 548
Likes: 0
Default

Rick and Cargo just gave you excellent advice.

IMO you have been singed off for the written - take it now, it is good for 2 years and it is not a certificate or rating.

I am assuming that you DO NOT have a medical or student pilot certificate. Make sure you pin down the date when your conviction was final and DO NOT apply for a medical/student certificate until after one year + 1 day. Look up FAA Form 8500-8 Question 18 v/w.

As above, join AOPA - pay and use the legal rep.

Your age at the time (18) is to your benefit. After you have your medical, every time the subject comes up do what you are doing right now. Own it and tell your story about how stupid you were and how much you learned. You are going to be ok. NO more trouble - this is imperative! Use Uber.

Good Luck.
Reply
Old 06-14-2016 | 01:13 AM
  #18  
New Hire
 
Joined: Jul 2013
Posts: 5
Likes: 0
Default

I am an airline pilot and attorney, although I do not practice aviation law. I strongly agree with the recommendation here that you find an aviation attorney, and AOPA is a good starting point. If you need another source to find a an aviation attorney I can help you with that.

So airline pilots stay away from illegal drugs, and we are very careful with respect to alcohol because they can be career ending decisions. That said, I didn't see you say that there was a final conviction, exactly when the charges were brought, details surrounding the stop and subsequent charges, or anything else about this unfortunate occurrence. It is possible that you were not the only party who made mistakes here, so an aviation attorney would be able to look at the circumstance in its totality to determine what (if any) chance you have to improve your situation from where you think it is right now.

The above is my initial legal thought. As a fellow pilot, and for a major airline, I would look deeply within yourself and have you reflect as to whether decision making is your strength, and whether this event is enough to keep you on course in the future. Professional airline pilots work hard to ensure not only that our flights are in fact safe, but that the public perceives that we are safe. An incident that calls out professionalism or sadety practices will tarnish us as a whole, so unless you are in fact able to meet that standard of ethic I would suggest recreational flying or not flying at all -- regardless of whether you can legally get out of this dilemma. PM me if you don't find an attorney through AOPA and I will provide you a list of aviation attorneys in your region.

Good luck!
Reply

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are Off
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



Your Privacy Choices