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ACRO E-mail Archive Thread: Indictment of FAA

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ACRO E-mail Archive Thread: Indictment of FAA


Thread: Indictment of FAA

Message: Re: Indictment of FAA

Follow-Up To: ACRO Email list (for List Members only)

From: Scott Spencer <ScottS-AcroSportII at>

Date: Wed, 26 Feb 1997 18:50:29 UTC


  I just read in the latest GA News & Flyer, where a US District Judge, in
Tucson, AZ, has ordered the FAA to "file with the court under oath from
the proper authority, the statutory basis and the regulations that
(it)relies upon as authority, to revoke a person's license for failing
to comply with the safety regulations of the FAA."

Is it possible that we may be finally seeing someone question where the
FAA (even NTSB for that matter) derives it's authority to prosecute us
and take away our license?  If I read this article correctly, the Judge
wants to know where the FAA even GETS it's authority to punish us.
Apparently Federal Regulations DO NOT provide them the authority.  The
attorney for the pilot "contends that there is "no language" in Section
609 of the Federal Aviation Act that so much as hints at a connection
betweeen the commission  of a safety violation and suspension or
revocation of a pilot's license or any other certificate; no words such
as 'regulation,' 'violation,' 'sanction,' or 'penalty.'"

Just thought I'd throw this out on the table and see if anyone else has
heard about this case.

Scott Spencer


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