What is a Pilot Deviation
July 19, 2025 at 4:00:00 PM
Outline:
What Is a Pilot Deviation (PD)?
Initiated by ATC when they believe you violated a FAR.
Based on FAA Order 8900.48.
May result in enforcement, investigation, or compliance action.
Preventive Measures
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Use of the ASRS “NASA Form”
Advisory Circular AC 00-46F.
Used for reporting non-accident events and deviations.
De-identifies submissions.
Must be filed within 10 days of event to qualify for immunity from civil penalty/suspension.
A violation may still be recorded, but penalties may be waived.
Participation in the FAA WINGS Program
Advisory Circular 61-91J.
Voluntary, but counts toward a positive record with inspectors.
Helps demonstrate active pursuit of proficiency.
The Deviation Investigation Process
FAA Order 2150.3C governs the process.
Reviewed by a Quality Assurance Specialist or FSDO Inspector.
Valid PDs referred to the FSDO in the pilot's certificate address district.
What Determines Inspector Action?
Minor infractions may result in:
Phone call.
Remedial training with a CFI.
More serious or malicious PDs may result in:
Retest (709 Ride).
Civil penalties.
Certificate suspension or revocation.
Compliance Action Option
Can be initiated by the inspector or requested by the pilot.
Involves training or discussion without formal enforcement.
Does not attach to your airman record.
Case is closed once action is completed.
The Phone Call from ATC (The “Dreaded Number”)
You’re not required to call back.
Calls may be recorded and used against you.
A call typically follows a Brasher Warning given in-air.
Always consult an aviation attorney before calling.
The 709 Ride – Reexamination
Governed by 49 USC § 44709.
Letter outlines required Areas of Operation/Tasks.
You may receive instruction beforehand.
Conducted with an FAA inspector.
Failing the 709 Ride
FAA may:
Offer a second attempt after training.
Place certificates “On Deposit” after a failed attempt.
Revoke ratings/certificates after second failure.
If Enforcement Action Proceeds
Accept the proposed certificate action.
Request a hearing before the NTSB Administrative Law Judge.
If NTSB declines, you may escalate to Federal Court.
Training Resources to Avoid PDs
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Topic Resources
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