Aviation - Inhofe Offers Pilots Bill Of Rights

Senator Jim Inhofe (R-Okla.) has proposed a new legistative proposal he terms a Pilots Bill of Rights that focuses on safe-guarding general aviation against inappropriate and overly punitive action by the FAA.

The Pilot’s Bill of Rights:

Requires that in an FAA enforcement action against a pilot, the FAA must grant the pilot all relevant evidence 30 days prior to a decision to proceed with an enforcement action. This is currently not done and often leaves the pilot grossly uninformed of his violation and recourse, Inhofe noted.

Clarifies statutory deference as it relates to National Transportation Safety Board (NTSB) reviews of FAA actions. Too often the NTSB rubber stamps a decision of the FAA, giving wide latitude to the FAA and making the appeals process meaningless, he said.

Allows for federal district court review of appeals from the FAA.

Requires the FAA simplify the Notice to Airmen (NOTAM) program, as well as archive NOTAMs in a central location. The process by which NOTAMs are provided by the FAA has long needed revision, Inhofe said, noting, “this will ensure that the most relevant information reaches the pilot.” He added that non-profit general aviation groups will make up an advisory panel for the reforms.

Makes flight service station communications available to all pilots. Currently, the FAA contracts with Lockheed Martin to run its flight service stations. If a request is made for flight service station briefings or other flight service information under the Freedom of Information Act, it is denied because Lockheed Martin is not the government, per se, Inhofe said. “However, they are performing an inherently governmental function and this information should be available to pilots who need it to defend themselves in an enforcement proceeding,” he said.

The bill also requires a review of the FAA’s medical certification process and forms, to provide greater clarity in the questions and reduce the instances of misinterpretation that have, in the past, led to allegations of intentional falsification against pilots, he said. Non-profit general aviation groups will make up an advisory panel.

The bill has 24 original co-sponsors, including U.S. Sens. Mark Begich (D-Alaska) and Mike Johanns (R-Neb.), the co-chairs of the Senate General Aviation Caucus.

“Pilots deserve to be on a level, legal playing field with the FAA,” Johanns said. “This bill gives them access to the same information as the FAA and ensures fair treatment in any enforcement action. The bill will also take important steps to improve the flow of flight information to general aviation users.”