On a gray Monday morning, in February of 1998, I was at my desk, praying for a dull moment, when John Wensel, an Operations Inspector, poked his head into my cubicle and told me of a new FAA "Ticket" program.
Being a mechanic, and therefore a card carrying pessimist, my first thought was that of a full-page cartoon published in a popular GA flying magazine. The cartoon showed an FAA inspector in a cop uniform — FAA badge on his hat, a cigar clenched in his teeth, and, with a foot up on the tire of a general aviation aircraft was writing a ticket with obvious relish for a helpless pilot/owner.
This cartoon was a media response to the industry's ire with the FAA's "Zero Tolerance" campaign. Zero Tolerance was based on the theory that for every infraction of a regulation, no matter how small, an enforcement action was taken. Like all FAA initiatives, Zero Tolerance was in part the result of the then DOT Administrator Elizabeth Dole's "White Glove" inspection of the airline industry and the NTSB findings from the 1986 Cerritos Accident in which a Piper aircraft downed a Mexican DC-9 and sadly 64 lives were lost. So intense was the industry and media backlash that the Zero Tolerance campaign was replaced in 1990, by then new Administrator Admiral Busey's, "Compliance for the Nineties.#148 This campaign promoted safety training and compliance, rather than absolute and strict enforcement of the regulations, and things settled down for a while.
"They are going to unleash the Rottweilers of the Bureaucracy once again," I told John; he nodded, and left me to finish my prayers. My response to the new program was based on my aforementioned memory fragment, not reality. Without doing some research into the new proposed "Streamlined Administrative Action Program," which was the ticket program's real name, I was content to go with my perception. And, like most perceptions, it had nothing to do with reality.
Like me, it appeared that the media and trade organizations could not get around the dark visions of previous programs; so the now nicknamed "ticket program" was defamed, cursed, pummeled in the press and left to die, stillborn. However, everything that takes place in government is based on the law of cause and effect.
The major cause that assigned top priority to this "new" policy initiative was a 1998, General Accounting Office (GAO) Report # RCED-98-6 titled "Aviation Safety: Weakness in Inspection and Enforcement Limits FAA in Identifying and Responding to Risks." The report stated that FAA inspectors are under-reporting safety violations and further stated that although FAA guidance requires inspectors to enter all observed problems or violation, 35 percent of Flight Standards inspectors said they reported half or fewer of the problems or violations they observed during inspections in fiscal year 1996.
Senior FAA management did not take the GAO report lightly. The cause of this less than perfect reporting process was identified as a paperwork nightmare of biblical proportions just to issue an administrative action. For those of you who have never been blessed via the U.S. mail with an FAA Administrative action, they fall into two categories: Warning Notices and Letters of Correction. These are found in Part 13 of the Federal Aviation Regulations and are routinely used to identify and correct minor infractions of the rules such as a repair station that missed installing a new revision in one of its manuals, or an operator that ran past the due date on calibration of instruments and then corrected it. Anyway, the staff found that the average paperwork processing time for a non-safety related administrative actions took 75 working days to process.
Tickets, Tickets, You'll Get Tickets WPA Program For Lawyers? By Stephen Prentice October 1998 Steve Prentice is an attorney whose practice involves FAA-NTSB issues. He has an...
CASS (FAR 121.373) Frequently ignored . . . source of violations By Stephen P. Prentice Some big name brand airlines have recently been nailed for failing to implement or maintain an...
If your company holds any sort of FAA certification, air carrier or repair station, or even if you personally are certificated as a pilot or mechanic, you are under the surveillance of the FAA.
Pilots Bill of Rights Public Law 112-153; FAA enforcement cases will change dramatically.