Safety News

Steps To Take If you Receive a Letter of Investigation

It's a worst-case scenario: an airplane crashes and you were the last mechanic or supervisor to sign that aircraft's logbooks. The next thing you know a letter addressed to you, return receipt requested, appears from the FAA. It's something every certificated airman dreads, a Letter of Investigation from the FAA. How should you respond if this happens to you?

Upon receipt of the letter, a mechanic should obtain legal counsel, either through your company or on your own. The Letter of Investigation usually includes a request for a statement to be made by the recipient. This could be a written or verbal statement, but in either case you should secure legal counsel prior to making any statement to the FAA. This is important and may help keep your certificate from being suspended or revoked. If someone is arrested for a crime, say robbery, they are read their Miranda rights, entitling them to a lawyer and informing them of the right to remain silent. That prompt is not afforded to those finding themselves in receipt of an LOI.

Although initially a mechanic may feel completely certain that he is in no way at fault, it is still in his best interest to discuss the facts with a lawyer and follow counsel's advice. Incriminating statements can be made inadvertently and once made, they are on the record. A mechanic's certificate and livelihood are tied together so it's wise to follow the legal advice given.

Any witnesses who can verify your statements and details should be asked to provide a written statement to that effect. In addition, the person in receipt of an LOI should file an Aviation Safety Reporting System report (also known as a NASA report) within 10 days of the occurrence. The advisory circular describing this system states that "although a finding of violation may be made, neither a civil penalty nor certificate suspension will be imposed if the violation was inadvertent and not deliberate." (See story AM Oct. 2004.)

The next step that occurs is that the FAA holds a hearing or desk audit to gather more information. From the findings gathered by the FAA, a number of outcomes could result. There could be no action or a warning could be given. The FAA could recommend remedial training. In severe cases the FAA issues a violation. A violation can lead to a certificate action, in other words a suspension or revocation of the certificate; a civil penalty could be imposed; and in certain cases where warranted, a criminal action can be charged.

The receipt of a Letter of Investigation is a serious occurrence in the career of a mechanic. Take careful steps to protect yourself in the event of receiving an LOI. Seek legal counsel, follow counsel's advice, and file an ASRS NASA report. - By Joy Finnegan