The FAA just got a refresher course on pilot rights

In a stunning rebuke to FAA investigation and enforcement tactics, a January NTSB case decision validated the power of the Pilot's Bill of Rights and sent the FAA a clear message: You can't prosecute pilots while ignoring their basic rights.

AOPA Pilot Protection Services panel attorney Joseph Lamonaca defended the pilot (let’s call the pilot David) in this case and successfully argued that the FAA (Goliath) violated the PBR. How the case came to be illustrates what can go wrong with how the FAA sometimes treats pilots. An FAA inspector, armed with flight tracking data and having already identified an individual as the likely pilot in command of a flight that the FAA believed violated regulations, called (and texted) the pilot and started asking questions. The critical mistake? The inspector never bothered to inform the pilot of his rights under the PBR—rights that include being informed the FAA is investigating you and why, you don’t have to respond, and anything you say can be used against you.

The FAA's defense of this omission was flimsy, claiming the call to the pilot wasn't really an "investigation" yet—just looking into a "complaint"—but the agency used information the pilot shared in the call to prosecute him. The NTSB administrative law judge saw right through this bureaucratic hair-splitting, calling it "disingenuous and misleading." When you've got tracking data, aircraft information, and a suspect lined up, that's an investigation, plain and simple. The NTSB judge found "that the violation of the PBR was intentional and egregious and violated Respondent's rights" and, as a result, dismissed the case.

The judge's decision to throw out the entire case sends a powerful message. The PBR isn't just window dressing—it's a vital shield protecting pilots from overzealous enforcement. What's particularly insightful about this case is how it exposes the FAA's sometimes cavalier attitude toward pilots' rights. The inspector involved was no rookie—he had years of experience and claimed he was following office policy. It's surprising that the FAA staff who prepared the case file, those who reviewed it and forwarded it up the chain, and the FAA attorneys who decided to prosecute the case did not find the PBR issues a concern.

There's a broader lesson here for every pilot. Know your rights. When the FAA comes asking questions, a serious situation could be afoot, no matter how casual the conversation might seem. The PBR exists for a reason and, as this case shows, it can be your strongest defense against enforcement actions that don't follow the rules. 

Safety is paramount, and no one's arguing that legitimate violations shouldn't be prosecuted. But the FAA must follow the rules, too. This decision is a wake-up call for the agency to clean up its act and to treat pilots' rights with the respect they deserve. This is exactly why AOPA worked closely with members of Congress to make these rights the law of the land, bringing fairness and due process.

Many pilots have felt powerless in the face of FAA enforcement actions. This case shows that the PBR has real teeth, and the NTSB is willing to hold the FAA accountable when it tries to cut corners. Let's hope this decision leads to some serious soul-searching and remedial action at the FAA.