Alltrikes

For those of you who missed the "Event" I posted here at all trikes (see "Events" in menu bar above for other great stuff coming up) it is on the AOPA website in non-live / recorded fashion now.  It was informative.

Some Notes I made:

Pilot's bill of Rights:
The FAA must notify you that you are under investigation.

It has not been legally determined whether a Ramp Check is an investigation!
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You do not have to carry your log books (pilot or aircraft) nor provide them immediately. Except in the case of special endorsements for Sport Pilot, but again the logs don't need to be immediately handed over.
Listen during a ramp check more than speak
You are not required to answer questions- try and politely "beg off" per the lawyer, or divert the subject-- such as how can I help you
You cannot be unduly delayed
You must be Operating/operated/or preparing to operate. Not just hanging out at hangar
They cannot (for the most part) immediately ground you
You can / should ask for a witness to be with you- especially if you are likely to be accused of being belligerent. Don't BE belligerent
FAA policy is to NOT conduct ramp checks at an event (which is different than the stories I've heard)- but makes sense as that rumor got out locally at our air-show and killed the participation

This is was a live feed (*by me) of the Q&A session with AOPA attorney:

FAA can go as far back as they want in your log books when you eventually provide COPIES later. But typically they are looking for your currency (so not far), maybe your endorsements/rating (tailwheel, twin, etc), or your BFR, etc

Is there a Statute of limitations?: "Stale Complaint Rule"-- FAA must notify you legally that they believe you violated a regulation within 6 months.  So in review of your logbook, they can't bust you for stuff that is over 6 months (with exception for "good reason")-- crap!    Ok, so why put damning evidence in your log book?

But generally, if not egregious, the FAA is going to leave alone issues > 6 months old

Ramp Checks may be requested by ATC (i.e. tower, etc): absent an accident, incursion, deviation, emergency, etc, which will automatically trigger an investigation, typically ATC might ask for a Ramp Inspection to check further if you were in IFR when supposed to be VFR, communication, instrumentation issues (bad alt), violated airspace (did you have current sectional / GPS data ... see below)

Is an FAA inspector only allowed to operate in their FSDO (jurisdiction):  there are "no boundaries" [like Texas Rangers]

[Previously, they had recommended having/inviting a friend/witness over if you are being Ramp Checked]

Can we videotape the Ramp Check: (Henry may automatically with all his cameras running all the time ;)  " : Attorney has not had that happen, but has been representing clients who wanted the discussion [audio] recorded and the FAA tries to decline [sounds like they can't insist that it not be recorded]. "It is not covered specifically by an legal code. Neither is there a RIGHT to video tape"

If approached by Police, Homeland Security, Fed, State, or local law officer, customs, etc, should you treat it the same as same as Ramp by FAA? Yes. You are required to present some certificates and docs, but no obligation to answer questions or provide additional docs that are not required by the FAA themselves

An inspector must ask permission to enter your aircraft, but can inspect the exterior of your aircraft in a manner similar to a pre-flight without your permission.

[I'm trying to get my question in about open cockpit planes-- is it all an external inspection?]

If asked, should you let inspector in aircraft or not? "There is no requirement to allow him her in"

"If it seems comfortable and you have nothing to hide, you may just let him/her in, you are confident nothing is wrong, you have all your placards, info, docs, etc, onboard

If you know there is something amiss inside--- "If you deny the inspector, you may be hinting there IS something wrong inside ..."
If it feels antagonistic, deny permission respectfully

If hangar door open, and Im doing maintenance-- can I be ramped (i'm not flying, prepping to fly or just flew): In which case you don't have to have your pilot cert, medical, etc on you
You CAN decline to have him enter your hangar-- politely. You might ask outside the hangar what you can help him with?

Potential verbiage for declining FAA request for non-required information or access to your hangar, plane, question, etc.

I'm not comfortable with that at this point, but I would appreciate the opportunity to discuss that with you [give you my logbook, etc] at a later date.
and/or [as the FAA is not allowed to "unreasonably] delay you. You could say, I'm not comfortable discussing that now, I'm concerned about potential winds picking up later and for safety I need to go now. Can I discuss this with you later.

The flight manual/ op limitations, weight and balance (or in our case weight and loading) need to be on the aircraft-- the ORIGINAL airworthiness or a certified FAA replacement must be on board

Q:  So there are some things required to be presented to the FAA on request, and some documents required to be on the aircraft.  How about STC's (in our case ADs)?  A: Compliance not required to be carried (unless specifically required by THAT STC). Otherwise they are part of the aircraft log, which can be left at home and provided later.

The second "R" in ARROW is no longer required (that was for Radio license)

Q: Are electronic Sectionals & Information such as other maps, weight and balance, and etc, all of which can now be on an iPad acceptable to the FAA in a Ramp Check? [Paraphrasing the AOPA's attorneys answer from memory of it an hour or so ago ...] A: First of all, there is no requirement that you have to have a current sectional in your aircraft [editor's note, except in some situations such as the corridor's in/over LAX Henry & I have flown, where it says on the sectional that the rules for the LAX SFRA include carrying a current TAC]. [She goes on to say] ... In fact, there is no requirement that you have a sectional in your aircraft at all .... [Great you say ...]

HOWEVER!!!!!

1) the FAA does have on it's Ramp Check / Investigation ~list~ of things they look for --- current sectional, current information ....

2) IF the fact that you did not have a current sectional, or current updated info in your GPS, or current weather with you was related to your infraction-- she lists the example of: No current sectional, therefore did not have correct Tower contact frequency, therefore x, or y happened and the Tower requested a Ramp Check of your aircraft meet you on landing. (or non-current GPS data caused you to violate Class B) In these situations the fact that you did not have a current sectional, or other info that was causal to your problem IS PERTINENT to the FAA's investigation and cause for action by them against you (if severe enough)

Short Story: Current (or any) sectional / GPS data NOT required by any statute.
However the FAA can/will still ask you for one-- ok if you don't have it, UNLESS that lack of info caused you to make a mistake-- then it is NOT OK to not have current info [per my recollection of her legal advice]

[Hm, didn't really specify as to whether iPad, etc, versions of sectionals were acceptable