I. FAA Enforcement Actions: A. Certificate actions.
For a violation, which is one of an operational nature (rather than a mere delinquency of record keeping), the FAA may suspend or revoke the FAA Certificate held by the accused. The election between revocation or suspension or length of suspension may depend on how the FAA attorney handling the case evaluates the alleged violation. There are four (4) categories of factors considered by the FAA attorney in reaching his/her decision or recommendation on how to proceed with the case. Outline and describe these four (4) factors, including special attention to the individual considerations evaluated by the attorney in reaching his decision.
Penalties previously imposed by the FAA and upheld by the NTSB on appeal in similar cases serve as a guideline for future penalties.
2. Current FAA Enforcement Priorities.
In the course of its safety regulating duties, the FAA looks for patterns appearing in its investigations of accidents, incidents, and violations, and as a mater of policy focuses on certain types of misbehavior that may appear to be "getting out of hand"Ã¯Â¿Â½ or causing particular concern.
These receive increased emphasis in inspections and related enforcement actions. When a alleged violation falls within an area designated by the FAA management for such special emphasis, penalties harsher then those previously applied for such a violation may be sought on the theory that precedent punishment has proven insufficient to deter such violations.
3. Individual Considerations.
In selecting the sanction to impose on an individual violator, the FAA attorneys are also instructed to consider the following factors: i. The degree of hazard to the safety of other aircraft and persons or property in the aircraft or on the ground created by the alleged violation ii. The nature of the violation (whether inadvertent or deliberate)...