Aviation Law

I.         FAA Enforcement Actions: A.         Certificate actions.

For a colza, which is one of an operational constitution (rather than a mere delinquency of record keeping), the FAA may suspend or revoke the FAA Certificate held by the accused. The election between revocation or suspension or length of suspension may depend on how the FAA attorney handling the case evaluates the supposed violation. There are four (4) categories of factors considered by the FAA attorney in reaching his/her decision or recommendation on how to hold open with the case. Outline and describe these four (4) factors, including special attention to the respective(prenominal) considerations evaluated by the attorney in reaching his decision.

1.         Precedent.

Penalties previously oblige by the FAA and upheld by the NTSB on appeal in standardized cases serve as a guideline for future penalties.

2.          online FAA Enforcement Priorities.

In the course of its safety regulating duties, the FAA looks for patterns appearing in its investigations of accidents, incidents, and violations, and as a mater of policy focuses on real types of misbehavior that may appear to be getting out(a) of hand or causing particular concern. These receive change magnitude emphasis in inspections and related enforcement actions.



When a alleged violation falls within an area designated by the FAA management for much(prenominal) special emphasis, penalties harsher then those previously applied for such a violation may be sought on the possibility that precedent punishment has proven insufficient to deter such violations.

3.         Individual Considerations.

In selecting the sanction to impose on an private violator, the FAA attorneys are also instructed to consider the following factors: i.         The degree of gauge to the safety of other aircraft and persons or property in the aircraft or on the ground created by the alleged violation ii.         The nature of the violation (whether inadvertent or deliberate) iii.         The violators previous...

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