Pilots have new appeal rules

WASHINGTON, D.C. — Pilots appealing to the National Transportation Safety Board about certificate enforcement will have new rules under which to conduct their efforts as the NTSB announced on Friday, Sept, 20, a final rule to implement several changes in their procedures.

The new rules are based on public comments received by the NTSB as a result of an interim final rule issued last October. The agency enacted the interim Pilot’s Bill of Rights legislation effective Oct. 16, 2012. The interim rule asked for public comments. Changes in procedures were made on the basis of these comments.

Under the Pilots Bill of Rights the Federal Aviation Administration must disclose its enforcement investigative report to the certificate holder in an aviation certificate enforcement case. NTSB administrative law judges must apply the Federal Rules of Civil Procedure and Federal Rules of Evidence in enforcement cases. Litigants now have the option of appealing the NTSB’s final orders to either a federal district court or a federal court of appeals. An FAA certificate holder is permitted to submit a motion to dismiss an FAA complaint if the FAA fails to disclose releasable portions of its enforcement investigative order (EIR).

In considering the interim final rule comments, the NTSB determined it should include a proposal to include the Enforcement Investigative Report to emergency enforcement cases.

NTSB received only 10 public comments regarding the rule changes.

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