AMT 442 Final Exam Questions And 100%
Correct Answers
Enforcement Actions - Answer - the FAA is the administrative agency charged with
promulgating, as well as enforcing, regulations related to civil aviation.
- The Federal Aviation Act 1958 delegation of authority allows FAA inspectors, also
sometimes referred to as Air Safety Inspectors (ASIs), to be involved in activities of
compliance and enforcement.
- The FAA refers suspected criminal offenses to the Department of Transportation Office
of the Inspector General (OIG) for possible prosecution.
Smith v. Helms, Aviation Cases 16 Avi 18,307 - Answer asking the Court to order the
FAA to cease relying on its Compliance and Enforcement Program Manual FAA Order
2150.3.
The manual contained policies not published under the APA as required by law and thus
the manual, and consequently any enforcement action utilizing the manual, were invalid.
Legal enforcement actions -- Answer stay on record for 5 yrs
Enforcement action case steps -- Answer o Brasher warning- controllers advise pilot for
possible infraction of FAR
o Call tower or approach control, on recorded line
o Filed, referred to the FISDO
o FAA opens EIR
o The ASI (aviation safety inspector) are entrusted with investigation
o ASI gets the radar playback, controller statements
o Then the pilot get LOI within 30 days
o Pilot responds with bill of rights, (send all information on my case)
o If you confess all your sins to FAA, pilot will get NPRA
, o Informal conference: get a chance to tell ASI and FAA attorney
- Write a letter of explanation
- Turn in the entity's certificate
- Pay the civil fine
Revocations are - Answer bad
Medical certificate- - Answer Specific disqualifying conditions set forth under Part 67
Four elements of every negligence case - Answer Duty
Breach of duty
Causation
- Actual
- Plausible causation
Damages
Aviation criminal law - Answer -A regulation has to be in a statute for it to be regarded as
criminal offense
-mens rea state and has to actually commit the act (mental state and the act)
-crimes- knowingly, admittedly
-just culture-not going to criminalize aviation accidents
FAA Enforcement Action - Answer - An FAA enforcement action is an administrative
action taken against a certificate holder for alleged violations of the FARs.
- The FAA uses statutes, regulations, and internal administrative orders in the
investigation and prosecution of enforcement actions.
- FAA Order 2150.3B is the internal administrative order that contains the policies,
procedures, and guidelines the FAA uses relative to compliance and enforcement
actions.
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