Miles Wins Precedent Setting NTSB Case

B-55 Baron

Mr. Miles' prior plane, a B-55 Baron.

In FAA vs. Fahning, a 2003 decision by the NTSB, Larry Miles persuaded the NTSB in an emergency Petition to overrule the FAA’s issuance of an immediate Emergency Revocation (“ER”) of Mr. Fahning’s pilots and mechanics licenses. The Petition at the time was just the third case in which an airman had persuaded the NTSB to overrule the FAA on the issuance of an ER.

“This was a horrible case in which the FAA conducted a sloppy investigation, and erroneously concluded that Mr. Fahning, a commercial pilot and mechanic with a long and impressive aviation career, had falsified aircraft logs,” Miles commented.

Immediate Response Needed

“This case was incredibly difficult because the law gives an aggrieved airman or mechanic just a few days to respond to an Emergency Revocation, and is heavily biased in favor of the FAA’s determination,” Miles observed. “The time to respond has already elapsed by the time most pilots or mechanics talk with an attorney. In this case, our Petition contesting the FAA’s action was due the day after we first saw our client,”

The Fahning decision is now a national precedent in NTSB practice, standing for the proposition that the Board, which must assume the truth of the facts alleged by the FAA in an Emergency Revocation may, nonetheless, consider other facts to establish the “context” of the alleged violations, and thus the appropriateness and necessity to immediately revoke the licenses in controversy.

Aviation Practice

 In addition to helping aviation professionals and businesses with administrative proceedings, Miles advises his aviation clientele in a variety of areas, ranging from the acquisition of aircraft, to mediating and arbitrating aviation lawsuits. A pilot for over thirty years, Miles also serves as a panel attorney for the Airplane Owners and Pilot Association’s (“AOPA”) Legal Panel, and is a member of the Lawyer-Pilot’s Bar Association and the NTSB Bar Association. Miles is a commercial pilot, instrument rated, with land and seaplane ratings. He flies a Bonanza A-36.

 

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Miles McLeod, A Professional Law Corporation, practices civil and business law, including extensive work in the auto and aviation industries. For more information, please email the Firm at mileslaw@milesfirm.com or review the Firm's website.

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