Hanging in the balance

Pilot certificates, medical certificates, mechanic certificates, and more are, in essence, forfeited. Spoiler alert: This situation is preventable, and AOPA has an exciting solution coming soon.

Let’s say you’re on a two-week trip and arrive home to find two or three letters from the FAA. One was sent via regular U.S. mail, one via certified mail, and perhaps one via FedEx. This is how the FAA notifies you of its legal action against your certificate(s). The FAA sends notices to airmen that either (1) propose to suspend or revoke their certificates unless they file an appeal with the NTSB, or (2) immediately revoke their certificates as an “emergency.” Both have short timelines to file a legal appeal. An appeal is the only pathway available that allows you to fight to keep the certificates the FAA is taking away. But you were away, so the clock wasn’t running until you actually saw the letter, correct? Unfortunately not.  

“The date of service made by certified or registered mail is the date of mailing,” reads 49 U.S.C. 46103(2). You read that right: The clock starts ticking the date the letter is mailed, not the date it arrived or the date you saw it. You must act fast as soon as the letter arrives. If you miss the deadline to appeal, the consequences are severe. The FAA wins its case without a fight and your certificates are suspended or revoked. While the NTSB will allow late filed appeals if there was “good cause,” it rarely finds there was good cause for missing the deadline. Misunderstandings about when the appeal is due, being away from home and unable to check your mail, forgetting to update your mailing address—none of these situations have resulted in the NTSB allowing the airman’s appeal to move forward. 

What should you do to ensure this doesn’t happen to you? First, be sure that you have an accurate address on record with the FAA where someone can quickly alert you if mail arrives from the FAA and send you a copy of the documents. Second, consider using a professional service that can alert you and provide a copy of the documents, and forward hard copies needed. The FAA has required use of a U.S.-based agent for FAA communications to international certificate holders beginning this year, but it’s also a great idea for U.S.-based pilots and aircraft owners who travel frequently or have second homes. If you’re interested in a professional service, visit aoparegisteredagent.com to learn more.