Pilot's Bill of Rights and the AOPA

[Old Geek]

So where's a thoughtful and complete analysis of perhaps the most important GA legislation in the last 50 years?

I've listened a certain AOPA husband and wife lawyer team talk in detail about how to deal with FAA entanglements ever since I've been a member. And their answer is usually ends in a plea to buy the AOPA legal protection plan. It seems that the best service they could perform right now would be to go over the Bill of Rights in a detailed manner for all of us.

They have certainly had a long time to look at it...

 

[Jim Logajan]

Maybe AOPA needed to meet to pick out the wine club wines first . . .

I can do this for you now . . .

If you want to invoke your rights under the Pilots Bill of Rights you will need to inform the FAA within moments of having them question you about anything - even if you don't know what its about - and if want them to talk to you about anything you will need to sign a waiver of those rights.

If you go for a medical this year - you will be presented with a waiver of those rights in order to apply . . .

Do you have a copy of that waiver?

The legislation appears to me to allow a pilot to decline to fill out the medical form (8500-8) or any waiver and not suffer any negative consequences, such as loss of use of their certificate. This is because the statute reads (after eliding material not relevant to the point):
"... the Administrator ... shall provide timely, written notification to an individual who is the subject of an investigation relating to the approval ... of an airman certificate....

The notification ... shall inform the individual ... that no action or adverse inference can be taken against the individual for declining to respond to a Letter of Investigation from the Administrator;"
So because the FAA is now treating medicals as investigations (see their new "written notification" http://www.faa.gov/other_visit/aviation_industry/designees_delegations/designee_types/ame/amcs/media/PBR%20Notification.pdf) it appears to my non-lawyer reasoning that they can't make you fill out the medical form anymore and deny you your right to use your certificate for said failure.

So I wonder if someone invokes their rights above while declining to answer any questions on the medical, to what extent that would pass muster im court? Since this is a statute and not a regulation, the FAA doesn't get any direct hand in interpreting it.