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FAA Versus Airmen If you hold a Federal Aviation Administration FAA certificate either in business or as an airmen it is important to realize that the FAA considers your certificate a privilege and not a right Any infractions committed injury or non-injury the FAA may revoke this privilege suspend your certificate or asses penalties Recent decisions have given FAA lawyers the ability to make interpretations of the Federal Aviation Regulations FARs during litigation proceedings This presents a unique case where the prosecutor can interpret ambiguous regulations in the middle of the trial and the judge is bound by the prosecutors interpretation This presents good question about due process that is supposedly present in the United States legal system or could it be that aviation is a unique exemption to this rule FAA certificate holders are afforded due process in regarding the FARs because the rules are issued prior to the rulemaking process This provides opportunity to comment on the propriety of the proposed rule However the language of such rulemaking leaves room for interpretation errors This ambiguity becomes vivid when applying the FARs to various operational circumstances Recent amendments require that such rulemaking be written in plain language to enable all regulated parties the ability to understand the notice of the rules that may bind their operation The FAA even produces official interpretations of the regulations by various means such as FAA orders advisory circulars and general counsel rule interpretations In most cases there is some form of written policy that has been issued to put certificate holders on notice of how the rules are to be interpreted and applied Most of the FAA publications are only considered advisory in nature however in light of recent decisions the many FAA orders and manuals should be viewed as binding interpretations of the regulations The very essence of due process is hidden in the fact that the FARs and their appropriate interpretations can be readily available before
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