I love the man that can smile in trouble, that can gather strength from distress, and grow brave by reflection. 'Tis the business of little minds to shrink, but he whose heart is firm, and whose conscience approves his conduct, will pursue his principles unto death.

Thomas Paine

Some years ago, mostly as a result of dealing with the monumental dishonors and unfairness imposed on one of this nation's finest aviators, Robert A. 'Bob' Hoover, I opined that Pilots and other Aviation Professionals really needed better protections on their side when they had to face off against the FAA or other governmental threats. After all, the Constitution pretty much put forth that the rights of every American are just that... EVERY American's... and at no point, did that august and extraordinary document suggest that our rights ended the second we went aloft.

I pushed this concept for a number of years, got a lot of support from the aviation comunity, and, of course, a lot of derision from the Feds. Still... I've never quite given up on the idea and while it may not play all that highly on the overall list of corrections needed to right the world's ills; for the aviation community, I think it makes for a good start and a great way for aviation to demand better for itself from those who are supposedly there to serve it. Mind you, we're not curing cancer here... but we are doing what free Americans are supposed to do, question authority -- and upon finding that said authority is not playing by the rules, we need to defy them and insist that our rights be respected.

Recent events suggest that the kinder, gentler FAA we all had hoped for is but a pipedream and that dishonesty, unfairness, over-reaction and injustice still takes place in altercations that happen with great regularity between aviators/aviation professionals and the almighty, 'Gods-unto-themselves' FAA. While the great majority of Feds are great people, there are enough that aren't to make the matter a serious one, indeed... and when you add to that the fact that the system is not predicated on fairness but upon bureaucratic efficiency -- at the expense of our liberties -- then, we have a mess that can't help but victimize the aviation industry time and time again.

What we deal with is clearly unfair, certainly unconstitutional, and worst of all, simply unAmerican. As I understand it, the United States of America was established in order to provide a number of freedoms to all those willing to accept the responsibilities of a free democracy. And with warts and all, this country is still the greatest nation on earth. However; those of us who are privileged to call ourselves Airmen and/or Pilots are much too aware of the fact that we have lost a number of our Constitutionally protected freedoms simply because of the fact that we are involved in aviation.

It is a sad state of affairs to realize that the average drug pusher, child molester, or criminal psychopath has more legal recourse, under the law, to the protections of our embattled but beloved Constitution, than a pilot accused of a violation by the Federal Aviation Administration. While getting the FAA to recognize the true intent of the Constitution of the United States may currently be difficult for now...), we do not believe that it is unfair, unwise, or not in the best interests of the United States for them to ignore every basic principle of American justice.

In an attempt to level the playing field a bit, the Airman/Pilot's Advocacy Council herewith submits a potential, simple, draft of an initial document that we intend to propose as a future Notice of Proposed Rule-Making. We urge you to read it, and suggest additions, improvement or corrections. Also; please disseminate this document as widely as you can. Feel free to copy this document as much as you wish and we would greatly appreciate it if you would make sure that everyone in your local airport, EAA Chapter, flying club, flight school, company, and other aviation related enterprise see it and have the chance to add their two cents to this important project.

Communicate your thoughts and suggestions with us as soon as possible so that we may do our best to incorporate these concepts into a final proposed rule. Properly done, this may remove the yoke of discrimination and illegal persecution that Airmen and Pilots have had to live with for far too long. Please help us make this a reality. No one benefits more than those who love aviation and our Constitution... and no one needs this program more!

A long habit of not thinking a thing wrong
gives it a superficial appearance of being right. -- Thomas Paine

AIRMAN/PILOT'S BILL OF RIGHTS

1. Every pilot shall, immediately upon initial contact by an FAA inspector,
   1. be shown the FAA inspector's credentials and be told
   2. the FAA inspector's identity,
   3. the general nature of the investigation,
   4. that the pilot has the option to remain silent and has no obligation to give a statement,
   5. that the pilot may have counsel respond for him/her if s/he so chooses,
   6. that the investigation may result in a suspension, civil penalty or revocation action against the pilot and
   7. that the investigation is a serious matter.
       
2. Every pilot shall be informed (at the time of an alleged deviation or as soon as possible after the time the alleged  deviation occurs) of his/her alleged deviation so the pilot may take affirmative action to preserve evidence by obtaining ATC tapes, filing a NASA 277 form, creating notes, etc.
    
3. Every pilot shall have the right to a speedy adjudication with  an administrative hearing to be held no later than 12 months  from the date the initial notice of investigation is received by the pilot.
    
4. An administrative law judge shall dismiss a complaint where it states the alleged violation occurred more than six months prior to the notice of allegations against the pilot being sent in the initial notice of investigation letter.
    
5. Every pilot shall have the right to confront his/her accuser. Documents from an FAA controller, inspector or others shall not be admissible into evidence without the FAA laying sufficient foundation, wherein the writer of the report which is sought to be placed into evidence identifies the document and is available for cross-examination.
    
6. Every pilot shall have the right to have the administrative hearing held at a location within 100 statute miles of his/her residence as per the address on the pilot's license at the time of the alleged violation.
    
7. Every pilot shall have the right to be treated as a professional, without threats, intimidation, or subterfuge, and to be treated with courtesy and respect by any FAA inspectors.
    
8. Every pilot shall be offered the option of remedial training, except in cases of a violation occurring while a pilot is...
   1. engaged in criminal activity at the time of the incident or  
   2. involved in an NTSB-defined accident at the time of the incident. Remedial training shall be offered as an option to the pilot until the date of the informal conference, or until at least 60 days after receiving the initial letter of investigation by the pilot if no informal conference is requested.
       
9. The Federal Rules of Evidence shall be adopted and used in all enforcement actions by NTSB Administrative Law Judges.
    
10. The findings of fact of the NTSB Administrative Law Judges shall not be reversed by the NTSB Board unless clearly and manifestly erroneous and clearly contrary to the facts in the administrative hearing.
     
11. A pilot shall not be required to take a competency check ride unless the FAA has substantiated facts establishing probable cause which call into question the pilot's competency.
     
12. A pilot shall have the right to receive reimbursement of costs and attorney's fees for an FAA-required competency check ride if the check ride was requested by the FAA but found to be performed without the FAA having substantiated facts establishing probable cause.
     
13. A pilot shall have the right to receive reimbursement of costs, attorney's fees and reasonable expert fees if a suspension, civil penalty or revocation is not issued in an administrative proceeding after a proposed order of suspension is issued.
     
14. A pilot shall have the right to use the NASA 277 form with immunity given to the pilot and the NASA report shall not be used by the FAA against the pilot in enforcement proceedings except in cases where the pilot is involved in an NTSB-defined accident or is engaged in a criminal activity.

Special Note: Over the years, we have been blessed with some excellent advice from some fine aviators who love both the world of flight and the law that we as free Americans wrap ourselves in... the above effort is the work of a number of people -- but is based on the suggestions, efforts and advice we've received from Glen McGovern, Ed Booth, Alan Armstrong, F. Lee Bailey, John Yodice and so many more. Ths concept was first put forward quite a number of years ago when I owned and published a print magazine by the name of US Aviator. For much of the most active time I worked on this project, I had the advice and counsel of two exceptional aviators and friends, Robert A. 'Bob' Hoover, and my (then) partner-in-crime for so many aero-adventures, my once-upon-a-time spouse and 'bestest' buddy, Vicki. I respectfully dedicate this renewed effort to them both... -- Jim Campbell, ANN Editor-In-Chief.

FMI: Jim Campbell, Airman/Pilot's Advocacy Council, C/O Aero-News Network, Inc., POB 305, Green Cove Springs, FL, 32043. Phone: 863-299-8680.