Outline:

1. 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.

2. Preventive Measures

   • Join AOPA Legal Services:

     • Basic for pilots, Plus level for CFIs.

     • Provides access to aviation attorneys nationwide.

     • ~$149–189/year.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Training Resources to Avoid PDs

    • Teach Brief-Fly: Preflight maneuver visual guides 👉 cfibootcamp.com/product-page/teach-brief-fly-1

    • Smart Study Pro: Oral prep + Risk Management audio, PDF, and video 👉 https://www.cfibootcamp.com/smart-study-pro

    • Online CFI Course Preview 👉 https://www.bootcamp-plus.com/offers/8YxKPbjG/checkout

    • Power Hour Archive Membership 👉 https://www.bootcamp-plus.com/offers/sBJLZYX2/checkout?coupon_code=PHLCOM24