Senator James Inhofe, R-Okla., introduced S.755 (the Fairness for Pilots Act) on Wednesday, which, if signed into law, would offer an additional level of appeals for pilots facing enforcement actions. Under existing law, pilots facing loss or suspension of their certificates due to “significantly unsafe” violations of FAA regulations may appeal to an NTSB administrative law judge and, if unsatisfied, appeal again to the NTSB’s full board. Further appeal to a federal judge is limited to legal error on the part of the NTSB—there is no new finding of fact. Historically, administrative appeals have been structured this way across the federal government out of deference to the subject matter expertise of the federal agencies. The Fairness for Pilots Act proposes to require federal courts to engage in a new round of fact-finding for such cases. This provision was included in Inhofe’s Pilot’s Bill of Rights 2 in 2015. Although portions of the Pilot’s Bill of Rights 2 were incorporated into the FAA’s reauthorizing legislation in 2016—most notablyThird Class medical reform—the modified appeals process was not adopted.
General aviation groups were roundly supportive of the proposed law. Mark Baker, president of AOPA, in a statement shared by Sen. Inhofe’s office said, “AOPA supports the Fairness for Pilots Act and urges the Senate to approve this important legislation which will expand on Sen. Inhofe’s original Pilot’s Bill of Rights and provide additional protections so we can continue to enjoy the freedom to fly.”
Sen. Inhofe is reported to hold a commercial pilot certificate and has been in the news for a variety of aviation incidents. In October 2010, according to the FAA, Inhofe intentionally landed on a closed runway at Cameron County Airport in Port Isabel, Texas, while personnel were working on the runway. In July 2016, Inhofe, flying his experimental Harmon Rocket, had a runway excursion while landing at South Grand Lake Regional Airport in Ketchum, Oklahoma. Inhofe’s other incidents include loss of a propeller in flight and a ground loop. Sen. Inhofe’s son, Perry Inhofe, was killed in Mitsubishi MU-2 in November 2013 shortly after takeoff in his first flight without an instructor.
