The Federal Aviation Regulation
By: Monika • Essay • 1,249 Words • November 26, 2009 • 1,165 Views
Essay title: The Federal Aviation Regulation
Introduction:
I. The Federal Aviation Regulation (FARs), have always been the “law”. As in any tasks or organization, it is more the obvious that their are rules, regulation and most of all laws to be follow at all time. In this following briefly essay of the FAA Enforcement there is no exceptions to the law. I think that one of the thoughtless law the I know of the is this, because it had been shown or proved that a general aviation operators and aviation professional are more likely to encounter an FAA inspection than any other law enforcement officer is. However, the following brief topic of the FAAEnfoorcement that I will be describing will include the following: How administrative law characterizes law enforcement activities rather than criminal law and the five most know penalties. The variety of penalties will be in the following order. Administrative Dispositions, which include the brief of (warning notice and letter of correction), certificate action, (precedent, current FAA priorities, individual considerations, and the horror factor. Third civil penalties (fines), summary seizure of aircraft and reexamination.
II. As I previous, mention in the above paragraph or introduction. The Federal Aviation Regulation (FARs) has always been en the “law “of aviation for the FAA. So therefore, the activities of the enforcement are characterized as administrative law perhaps than criminal law. The inspection of t he FAA are not obligator to advised suspect of t heir legal rights. Instead, the aviation and aviation manager is good cooperative citizen to often appear to provide voluntary statement to FAA inspectors and air traffic controllers. The FAA to suspend or revoke their privilege to pose a certification or to punish them by imposing substantial fine can use such information.
III. The briefly summary of when the FAA has reasons to suspect an individual or company for it action or position due to violation of one or more of the Federal Aviation Regulations. The FAA has the choice to choose from a variety of penalties to punish the violator, such as the next to be explained in this article: Administrative Disposition, when is considering by the FAA that the violation has been minor of little consequence but too serious to ignore. Altogether, it may dispose of the case administratively trough the issuance of warning notice issued by the FAA is not different from a warning notice received from a police officer in a traffic case. The warning notice of the Federal Aviation Administration outline the fact of the incident and indicate that a violation has taken place to the eyes of the FARs but that the FAA has decide not to file formal charges. In the other hand the letter of correction also involve a minor violation of the FARs, but the FAA issued this letter to outline that the condition in somehow is be lightly corrective in other words some action has taken place , so therefore no enforcement action will be pursed. The letter of correction is also used for remedial training for the FAR violations, instead of punishment.
IV. Where the violation is one of an operational nature the Federal Aviation Administration in this case obtain or has the right to suspend or revoke the FAA certificate, which it might be crucial to the violator. The election between revocation and suspension, if suspension is elected. The FAA attorney handling the case determines the duration of this suspension. Who, is advised by the inspector who conducted the investigation and by the reference to table of sanction guideline issued by the FAA’s in Washington D. C., headquarter. This above description pertains to the second penalty of the Federal Aviation Regulation’s certification action. However, factors considering by the attorney in reaching the decision of suspension include precedent, anterior penalties imposed by the FAA, current FAA enforcement priorities: such as accidents, incidents and violations and as matter of policy focuses on certain types of misbehavior that may be “getting out of hands” or causing concerns. Individual consideration and horror factor are the last two factors taken into consideration for the suspension