Sample Aviation Paper on CH 5 Ayob

CH 5 Ayob

  1. What are the three types of enforcement actions that the FAA may take against an airman?

The three types of enforcement actions are legal, administrative or informal as per the FAA Order 8900.1

2. What is the difference between an “administrative” and “legal” enforcement action?

Administrative activities are those enforcement mechanisms employed by the Maintenance Enforcement Program (MEP) itself. Administrative enforcement actions include traces, demands for information from the pay or from others, garnishments, actions against land registration, personal property liens, writs of execution, collection calls, credit bureau reporting, motor vehicle license interventions, and other actions. Legal are those that need a third party intervention such as appeals of unsatisfactory services.

3. What is the name of the system the FAA inspector’s use in determining the appropriate action for those suspected of violating FARs? The system used is called the brasher notification

4. In order to determine if you were involved in an accident, which federal regulation would you review? A review of NTSB part 830 is carried out to determine if one was involved in an accident or an incident.

5. The FAA relies primarily on two orders regarding enforcement and compliance procedures –what are they? Administrative and informal procedures

6. Notices of Proposed Certificate Action refer to what type of enforcement action?

Civil Penalty or Certificate Action

7. FAA inspectors substantiate their “findings” and document their actions in something called an EIR. What does the acronym “EIR” stand for?

Enforcement Investigative Report

8. The FAA uses an EDP worksheet to determine what? The FAA investigator uses the Enforcement Decision Process Worksheet to determine how to precede with the violation allegations that are before him/her. These aides in making a decision whether the matter can be handled locally as the FSDO level or be referred to the regional counsel’s office for formal legal action.

9. If you appeal the FAA’s determination regarding a legal enforcement action, what type of judge will hear your case? Who is the judge employed by? Will there be a jury? The case will be heard by the United States Circuit Court of Appeals and the District Court whose judge is employed by federal government. This is done before a jury.

10. If you do not prevail in the underlying case who do your first appeal to? What if you fail to prevail on the first appeal? The first appeal is made to the NTSA judge; if it doesn’t prevail a further appeal is made to the US circuit Courts of Appeal.

11. What is the Equal Access to Justice Act (EAJA)? This is an act that authorizes the payment of attorney’s fees to a prevailing party in an action against the United States absence justifying its litigation.

12. What three elements must be proven by and EAJA applicant in order to be awarded fees and costs? (i). the applicant must be deemed as the prevalent party

           (ii). Applicant must be involved in an adversary adjudication

           (iii) Substantiation of the FAA decision to issue the Order

13. Under the ASRS/ASRP, is inadvertence synonymous with deliberate conduct? Inadvertence is not synonymous with deliberate conduct under the ASRS since its employees formally de-identify its reports before it is entered into the system database.

14. List three changes in the enforcement process that is attributable to the PBR.

  • PBR has enhanced the amount and accuracy of information in the system.
  • This has led to a better understanding of what is happening to the local population and identification of where changes might be made.
  • Has led to changes in the provision of services and better resource allocation