S-571 : Still Just a Bill

Pilot's Bill of Rights 2

This bill directs the Federal Aviation Administration (FAA) to issue or revise medical certification regulations to ensure that an individual may operate as a pilot of a covered aircraft without regard to any medical certification or proof of health requirement otherwise applicable under federal law if the flight meets certain criteria and the individual:

• possesses a valid state driver's license,
• complies with applicable medical requirements associated with that license,
• is transporting five or fewer passengers, and
• is operating under visual or instrument flight rules.

"Covered aircraft" is one that:

• is not authorized under federal law to carry more than six occupants, and
• has a maximum certificated takeoff weight of no more than 6,000 pounds.

The FAA may not take enforcement action against a pilot of a covered aircraft for not holding a valid third-class medical certificate if the pilot and the flight meet such requirements, unless the FAA has published final regulations under this Act in the Federal Register.

The Pilot's Bill of Rights is amended to authorize any persons adversely affected by an FAA decision to deny, suspend, or revoke a covered certificate or impose a civil penalty to file an appeal with the National Transportation Safety Board or, without further administrative review, in the U.S. district court or the U.S. District Court for the District of Columbia. This subjects all FAA-issued certificates involving an adverse action to review.

"Covered certificate" means, in addition to an airman certificate (as under current law), a design organization certificate, holder of type certificate, production certificate, airworthiness certificate, air carrier operating certificate, airport operating certificate, air agency certificate, air navigation facility certificate, or medical certificate.

Requirements are prescribed or revised for FAA:

• failure to notify an individual who is the subject of an investigation regarding the approval, denial, suspension, modification, or revocation of a covered certificate;
• provision to persons holding a covered certificate of the releasable portion of an investigative report before issuing an emergency order relating to the investigation;
• response to a written request by a certificate-holding repair station subject to an investigation to withdraw from or settle a proceeding relating to the investigation within 30 days after receiving the request; and
• reexamination of airmen certificates where there are reasonable grounds to question an airman's lack of competence or believe a certificate was obtained through fraud.

The FAA may not take enforcement action against an individual for violation of a Notice to Airmen (NOTAM) regarding airspace system information until the FAA certifies its compliance with certain NOTAM Improvement program requirements, as amended by this Act.

The FAA, upon receiving a request for a covered flight record not in its possession, shall request the record from a FAA contract tower or other FAA contractor possessing it.

Any individual designated by the FAA to act as an FAA representative shall be shielded from liability in a civil action for actions performed with reasonable care in connection with related duties.

The Volunteer Protection Act of 1997 is amended to shield from liability a volunteer pilot that flies for a volunteer pilot nonprofit organization for public benefit an aircraft for which the volunteer was properly licensed and insured. The staff, mission coordinators, officers, and directors of the nonprofit organization shall also be shielded from liability, provided certain conditions are met.