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Issue link: http://amt.epubxp.com/i/122613
STAYING LEGAL tenance record because that's what the regulation says. The aircraft is the sum total of all of its parts and therefore when you refer to the aircraft you are talking about the complete aircraft. FAR Part 43.11 says you make the entry or return to service in the maintenance record of the aircraft. its new policy and it is based on several factors, not the least of which is discriminatory and capricious action in violation of law and violation of the Administrative Procedures Act. If you voluntarily agree to turn in your IA you may remove yourself from consideration for re-instatement if a court should agree. Voluntary termination One more thing, if you happen to be unlucky enough to be denied renewal of your IA, or threatened in any other way, do not agree to sign a document they present to you called … Voluntary Termination of IA Authority. Don't terminate your IA authority voluntarily. You do have other options. For example, you may appeal denial of your IA renewal, by FAA's capricious, arbitrary, or even discriminatory action; yes discriminatory, by appealing to the Aviation Safety Consistency and Standardization Initiative (CSI) Office. Signing the voluntary termination will prevent you from appealing by its own terms. So don't do it. Take note that there is a block on the 8610-1 for the ASI to indicate voluntary termination. There is also another reason. There is talk in Washington among some lawyers about bringing an action against the FAA to rescind Appeal procedure Your appeal under the CSI is simple, does not require a lawyer, although it might help, and can be done with a simple letter setting out your position in regard to your denial. It must go up through the FAA management level, from your FSDO manager on up through the regional managers, all the way to the Administrator … unless reversed at a lower level. So if you have a complaint you can explain it to all the management levels. This review requires an examination by higher levels of the FAA and must be thorough, complete, and without any retribution or action against you for appealing. This program was instituted Sept. 18, 2009, and is a way to get your complaint (that can't otherwise be appealed) all the way to the Administrator and his staff. Poor legislation? HOT BONDERS COMPOSITE REPAIR SYSTEMS 34 Model: HCS9200B (Dual Zone) NSN: 4920-01-462-4666 • Network Compatible (Requires HCS9300NW Series Controller) • 3 Year Warranty (Subject to Terms and Conditions) • Foreign Language Menu Systems The Most Dependable Hot Bonders in the Composite Repair Industry! HEATCON ® AS9100 / ISO 9001:2008 Certified COMPOSITE SYSTEMS COMPOSITE REPAIR SOLUTIONS 600 Andover Park East • Seattle, WA 98188 Phone: 206.575.1333 • Fax: 206.575.0856 Email: amt-inquiry@heatcon.com WWW.HEATCON.COM Finally, I have noticed some commentators have said that the Bill of Rights is a poor piece of legislation that will make it more expensive for airmen to defend against FAA enforcement action. Defense of enforcement actions have always been expensive. This may or may not be true at this time. You can still represent yourself in the U.S. District Court, (if you choose that venue) as in all proceedings. In some cases, if there are criminal sanctions possible, the court could appoint counsel to represent you if you show the need and good cause. Also, it is correct that some of the content of the statute is already the law and has been in effect for some time. But the most significant additions are quite useful to the defense of certificate actions. For example, the big addition is the ability of an airman to appeal his lost case directly to a U.S. District Court and get a completely new fully independent review of an adverse order of an Administrative Law Judge, and the NTSB. This includes an expedited substantive review of any decision to make an adverse order effective immediately. New evidence may be allowed as well as the complete record of the hearings at the Administrative level. You will get a chance to change an unfavorable outcome issued by the Administrative Law Judge and the full NTSB. This District Court review sounds almost like a new trial. You can, of course, still appeal to the full NTSB and from there go to a U.S. Court of Appeals, as was always the case, but here you are limited to looking for errors in the record of your administrative hearing. This can be a daunting task. AMT AviationPros.com/company/10134372 April 2013 Aircraft Maintenance Technology • www.AviationPros.com • www.AMTSociety.org