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ACRO E-mail Archive Thread: FAA Definitions



                


Thread: FAA Definitions

Message: FAA Definitions

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

From: Eric Rood <ericrood at freenet.columbus.oh.us>

Date: Sat, 01 Mar 1997 03:30:09 UTC


Message:

  The following is excerpted from FAA Advisory Cirular AC 120-66, dated
January 8, 1997.  The title of this AC is Aviation Safety Action Program
and relates to repair stations and part 121 carriers.  However, given some
of the discussions which have occurred on this forum in the past, this may
be helpful to understanding what we are up against.   Eric.

AC 120-66                                                            1-8-97

3.     KEY TERMS. The following key terms and phrases, for the purposes of
ASAP, are defmed to ensure a standard interpretation of the guidance.

a.     Administrative Action. Under paragraph 205 of FAA Order 2150.3A,
Compliance Enforcement Program, administrative action is a means for
disposing of violations or alleged violations that do not warrant the use
of legal enforcement sanctions. The two  at s of administrative action are a
warning notice and a letter of correction. Administrative action may be
taken in lieu of legal enforcement action when all of the following
elements are present:

     (1)Applicable law does not require legal enforcement action;

     (2)Lack of qualification or competency was not involved;

     (3)The violation was inadvertent and not deliberate;

     (4)The violation was not the result of a substantial disregard for
safety or security and the circumstances of the violation are not aggravated;

     NOTE:Substantial disregard means:

     (a)     In the case of a certificate holder, the act or failure to
act was a substantial deviation from the degree of care, judgment, and
responsibility normally expected of a person holding a certificate with
that type, quality and level of experience, knowledge and proficiency.

     (b)     In case the violator is not a certificate holder, the act or
failure to act was a substantial deviation from the degree of care and
diligence expected of a reasonable person in those circumstances.

     (5)     The alleged violator has a constructive attitude toward
complying with the regulations;

     (6)The alleged violator has not been involved previously in similar
violations; and

     (7)After consideration of items (1-6), a determination is made that
administrative action will serve as an adequate deterrent.

b.     Air Carrier. A person who undertakes directly by lease, or other
arrangement, to engage in air transportation.

c.     Certificate Holder. Refers to a person authorized to operate under
Title 14 of the Code of Federal Regulations (14 CFR) part 121, or who
holds a certificate issued under 14 CFR part 145.


Page 2                                                                   Par 3


Eric Rood
ericrood at freenet.columbus.oh.us



                


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