C. Edward Adams & Associates - PLLC
Of Counsel / Consultation- John J. Callahan
7512 Stanich Lane
Gig Harbor, WA 98335
Mailing List
Latest News:
Pilots & Mechanics
If you or a loved one has experienced an injury or death as a result of an incident involving an aircraft, our firm is uniquely qualified to understand and act on your concerns. Financial recovery can never make the injury or death go away. However, financial recovery can compensate for the financial losses associated with an injury or death and perhaps prevent the cause of your loss from occurring again. Our attorneys and legal staff are committed to maintaining a supportive relationship with our clients and addressing the issues resulting from your loss.
Emergency Revocation News:The FAA has recently undertaken a method of making an "end run" around the issue of the six (6) month "stale complaint" rule that prevents the Agency from taking certificate enforcement action against a certificate holder after a six month period from the date of an incident unless the FAA can show a compelling reason for their delay. The Northwest Mountain Region has recently used the provision of an Emergency Revocation of a mechanic's A&P in an effort to still take enforcement action after the " stale complaint" period. We were able to prevail in our defense of the mechanic baised on their "rush to judgment" action and lack of proper evidence. We are no in the process of seeking a judgement for attorney fees and costs from the FAA under the provisions of EAJA in this case. We will keep you informed. ************************************************************ NTSB PRESS RELEASE ************************************************************ National Transportation Safety Board Washington, DC 20594 FOR IMMEDIATE RELEASE: December 22, 2010 SB-10-49 ************************************************************ NTSB REQUESTING COMMENTS ON PROPOSED PROCEDURAL RULES FOR AVIATION CERTIFICATE ENFORCEMENT CASES ************************************************************ The NTSB has issued an Advance Notice of Proposed Rulemaking (ANPRM) seeking comments from the public regarding amendments to its procedural rules dealing with review of Federal Aviation Administration (FAA) certificate actions and its rules concerning applications for fees and expenses under the Equal Access to Justice Act. The NTSB listed three main reasons for its undertaking a review of 49 CFR parts 821 and 826: (1) to respond to parties' suggestions for changing the rules; (2) to update rules that may be outdated; and (3) to modernize the rules to accommodate prospective electronic filing and document availability in case dockets. The ANPRM indicates that certain parties have approached the NTSB concerning emergency certificate actions, which involve cases in which the FAA issues an immediately effective order revoking or suspending a certificate. In such cases, the NTSB's procedural rules allow a party to challenge the emergency status of the case, and provide an expedited timeline for doing so. The rules currently require the NTSB's administrative law judges to "consider whether, based on the acts and omissions alleged in the Administrator's order, and assuming the truth of such factual allegations, the Administrator's emergency determination was appropriate under the circumstances." The ANPRM invites public comments concerning this standard of review, as well as other aspects of the emergency review process, such as whether a hearing should occur to allow parties to provide evidence concerning whether the case should be treated as an emergency. The ANPRM further invites comments concerning whether parties should have an opportunity for another level of appeal to challenge the emergency status determination. In addition, the ANPRM also solicits comments concerning electronic filing of documents for aviation certificate cases, and requests specific consideration as to whether such electronic filing is feasible for individuals who opt not to retain an attorney. The ANPRM further seeks feedback concerning whether any outdated information exists in the current procedural rules. The 60-day comment period for the ANPRM concludes on February 22, 2011. The ANPRM may be accessed at the following link: http://origin.www.gpo.gov/fdsys/pkg/FR-2010-12-22/pdf/2010-32056.pdf.
Federal Aviation Administration News ReleaseAntidepressants use change |
For Immediate Release
April 2, 2010
Contact: Alison Duquette or Les Dorr
Phone: (202) 267-3883
FAA Proposes New Policy on Antidepressants for Pilots
WASHINGTON, D.C. — The Federal Aviation Administration (FAA) today announced that it will consider the special issuance of a medical certificate to pilots who are taking medication for mild to moderate depression, conditions that now bar them from all flying duties.
On a case-by-case basis beginning April 5, pilots who take one of four antidepressant medications – Fluoxetine (Prozac), Sertraline (Zoloft), Citalopram (Celexa), or Escitalopram (Lexapro) – will be allowed to fly if they have been satisfactorily treated on the medication for at least 12 months. The FAA will not take civil enforcement action against pilots who take advantage of a six-month opportunity to share any previously non-disclosed diagnosis of depression or the use of these antidepressants.
“I’m encouraging pilots who are suffering from depression or using antidepressants to report their medical condition to the FAA,” said FAA Administrator Randy Babbitt. “We need to change the culture and remove the stigma associated with depression. Pilots should be able to get the medical treatment they need so they can safely perform their duties.”
The FAA’s policy is consistent with recommendations from the Aerospace Medical Association, Aircraft Owners and Pilots Association, Air Line Pilots Association and the International Civil Aviation Organization. The Civil Aviation Authority of Australia, Transport Canada and the U.S. Army already allow some pilots to fly using antidepressant medications.
Psychiatrists and Aviation Medical Examiners who have specialized training under the Human Intervention and Motivation Study (HIMS) program will help the FAA evaluate and monitor pilots under this new policy. The HIMS program was established 40 years ago and has been highly effective for the assessment, treatment, and medical certification of pilots who need help with alcohol and drug issues.
The policy statement is on display in the Federal Register at http://www.archives.gov/federal-register/public-inspection and allows for public comment until May 3. A notice regarding the special enforcement action related to the new policy is available at the same website.
###
AIRMAN GUIDELINES FOR ACCIDENT /INCIDENTS REPORTING
I. WHEN YOU, AS A PILOT, HAVE BEEN INVOLVED IN AN INCIDENT OR ACCIDENT
A After you are assured that the immediate needs of your passengers and fellow crewmembers are being met, IMMEDIATELY call your ATTORNEY.
1. The quicker your Legal Representation is brought into the loop, the better support they can provide.
2. Furthermore, any delay can severely limit your options at a later stage in the resulting process.
3 All too often, what starts out to be a minor incident suddenly blows up into a major event.
4. Timeliness can be critical to your legal representation, particularly in the initial phase of any accident or incident investigation.
B If pressed for a statement or interview by the NTSB, FAA or others, tell them you will make a statement as soon as you have consulted your Attorney.
1. You will need time to collect your thoughts and regain your composure.
2. Your initial response may be to accept responsibility for whatever occurred without sufficient information regarding all of the factors involved in the event.
3. It is imperative you discuss this situation with your Attorney before making any formal statement.
C Your Attorney should handle any press requests.
1. Never make a direct statement to the press.
2. Your rights of representation are legal rights and it is in your best interests not talk to the press without Legal representation.
D If there are fatalities, with the resultant media attention, keep you and your crew together and obtain rest facilities away from the airport.
1. One option is to check into the nearest hospital to gain time to recover from the physical and emotional shock of the incident and regain your composure.
2. Tell the medical personnel of your situation and desire to get some rest.
3. Specify those persons you will want to see as visitors and ask that no others be permitted to disturb you.
4. Be sure to include your Attorney among those persons allowed to see you.
E Contact your family if you wish, but do not automatically invite them to the scene.
1. Advise them that Attorney will send someone to help them.
2. If you feel the news media may bother your family, the Telephone Company can install a temporary phone line for their use until things quiet down.
F If possible, make copies of all documents relating to your flight and retain them for your use only. Also, as soon as possible, make notes for your personal use.
1. These can prove invaluable when you are trying to reconstruct the various aspects of your flight later on.
2. Even if there is little or no governmental or passenger involvement initially, subsequent lawsuits could require your testimony in court.
G Prepare ALL written statements with the help of your attorney.
1. A hastily written statement could be taken out of context and used against you later.
2. You will probably be required to furnish federal authorities, where requested, with a written statement within a specified period of time.
3. All written statements should contain the following two sentences:
a) “I reserve the right to amend this statement as additional information becomes available.”
b) “I do not authorize this report to be released to outside parties, including the FAA and NTSB, without my approval.”
4. All written statements should be given to FAA or NTSB with any required copies.
H Remember to file a National Aeronautics and Space Administration (NASA) Aviation Safety Reporting System (ASRS) report within TEN DAYS if the event is classified as an incident.
1. Send it registered mail and retain the return identification receipt NASA sends back to you.
2. The burden of proof that you filed an ASRS report rests with you. Once de-identified, not even NASA can provide you with a copy.
II WHEN YOU ARE INTERVIEWED
A Always tell the truth; it is the most powerful weapon you have.
B Keep your answers short and to the point.
1. Remember the age old adage, “If they ask what time it is, don’t build them a clock.” Stick to the facts.
C DO NOT give your certificate to a federal inspector.
1. He may look at it, but you hold onto it.
2. A formal set of procedures must be followed before you can be required to relinquish your certificate unless you voluntarily give it.
D NEVER talk to a federal inspector without your Attorney present.
1. The NTSB and Accident investigators need accurate and factual information and this should be given with legal representation present to protect your rights
E When unburdening yourself about the incident or accident, talk only to those persons you can trust.
1. There is nearly always a tremendous compulsion to immediately talk over what happened with someone.
2. After an accident everyone has a sincere desire to find out what happened. However, not everyone has your best interests or the interests of air safety at heart.
3. Remember, your Attorney and possibly your Union are the only participants without any other vested interest to protect.
III FIVE POINTS YOU CAN NOT AFFORD TO FORGET
A. Call your Attorney immediately!
B Wait for Legal representation to arrive before making any statement or giving interviews.
C Contact your family and advise them that your Attorney will send someone to help them.
D Make copies of all documents relating to the flight and keep them, with any personal notes, to yourself.
E Most incidents and accidents are the result of a “cascade” of events and your involvement may be only one of the events.
We protect your rights with representation regarding financial and lifestyle losses with:
ALL TYPES OF PERSONAL INJURY;
PRODUCT FAILURES;
WRONGFUL DEATH;
AVIATION RELATED LOSSES.
C. Edward Adams
(of counsel/Consultation)
Website Design and Programming By
