Aviation Law Articles
STANDARD CARELESS AND RECKLESS VIOLATION
If you are ever the subject of an F.A.A. enforcement action alleging one or more F.A.R. violations, do not be surprised when the list of alleged F.A.R. violations includes F.A.R. 91.13. This alleged violation is virtually always included as a “tag on.” 91.13(a) states:
“No person may operate an aircraft in a careless and reckless manner so as to endanger the life or property of another.”
The “tag on” can and will be added no matter how innocent or minor the other alleged infractions. The allegation has been included in cases where the certificate holder was not even pilot-in-command. It seems to be standard F.A.A. policy to add the 91.13 violation for leverage in order to increase the proposed penalty and/or put the F.A.A. “one up” in negotiation strategies. Conversely, knowing that the 91.13 “count” is standard practice will allow you or your aviation attorney to focus on the other substantive allegations and defend or negotiate the same in earnest. Still, if the matter goes to the N.T.S.B. hearing stage, the 91.13 allegation will nearly always be upheld and included to justify the penalty. So don’t be astounded when the proposed certificate action includes a paragraph asserting a violation of 91.13 (careless and reckless). It is, unfortunately, standard practice.
by Richard T. Miller, Specialist in Aviation Law – (818) 994-8234