Preventative Measures

Far too often, the issue of finding current aviation law arises as a result of an enforcement action by the FAA, which I discuss in the next section. While it is true that many violations are simply the result of pilots carelessly forgetting to follow or consciously deciding to break an FAR of which they are well aware, there are a good number of violations that could have been avoided by actively seeking out answers to regulatory questions before they become a problem.

Though it is not realistic to attempt, before stepping foot into an airplane, to thoroughly research any and all regulations that may apply to you on a given flight, there are many things you can do to keep up on the correct interpretaitons of important FARs. The following are some tips for staying ahead of the game. The list is certainly not exhaustive, but you may find it helpful. Though different issues call for different strategies, I've tried to present the tips in more-or-less preferential order, so that it's generally best to start at the beginning and work toward those at the bottom of this list only if the others do not provide you with adequate answers:

• Keep generally up-to-date on the regulations through reading of secondary sources. These can take the form of FAA mailings you receive and aviation-related print periodicals, electronic periodicals, mailing lists, Usenet newsgroups, and web sites. You can find references and links to some of these sources in the Secondary Sources section of this web site.
• Consult your own aviation library. Chances are that you've obtained some helpful reference materials along the way. Use them if you can. It is a very good idea to make sure that the references or analysis you find is still valid today, but I have found that the training materials I studied while working toward various written or practical examinations are some of the most helpful places to start. The fact that you hold a given certificate or rating doesn't mean that you're no longer a student of aviation. The best and safest pilots are the ones who realize that it is never time to stop learning and are not embarrassed to reread parts of their old ground school literature.
• Look in the current FARs. This one may seem too obvious to mention, but it is surprisingly often not used in practice. Due to the menacing size and complexity of the regulations, many pilots are too intimidated by them to use them as a reference in times of need. One of the easiest ways to find out what changes have recently been made to the FARs, however, is to buy this year's version and look for the portions that are selected as new or revised. Both Aviation Supplies & Academics (ASA) and Jeppesen Sanderson provide such markings for quick reference in updating. Don't forget to fill out and send in the form for a free midyear update that both major publishers provide. lf you're looking for the answer to a specific question, use the general table of contents, the contents portion at the beginning of each part (e.g. Part 61, Part 91), and the index to guide you to the appropriate regulation and read it. If the text you read doesn't address your specific question or it is too vague or ambiguous to be helpful, try one of the other tasks below.
• Ask other pilots. In addition to being a terrific source of entertainment, much of the hangar flying that takes place at your local ariport on a rainy weekend can be extremely informative. If there's an issue that's nagging at you, ask an experienced pilot. The answer you get will not be final and authoritative, but it may point you in the right direction. Not only do many weathered pilots know where to look to find the right answers, but they will also tend to have some real-world stories to tell you about how pilots, air traffic controllers and the local FAA Flight Standards District Office (FSDO) actually tend to deal with the issue in practice.
• Ask an instructor. Like the experienced pilots mentioned above, a CFI should be able to tell you where to look or tell you how a given reguation is applied in practice. Instructors are not legal experts, so you should not depend, for legal purposes, on any specific interpretation they offer that goes beyond the explicit text of the FARs. Buy they are professional pilots who are certified by the federal government to teach their trade, so don't overlook them as a potential source of initial guidance.
• Call, visit, or write to your local FAA Flight Standards District Office (FSDO). As discussed in the Governmental Structure section, the FAA is not only responsible for creating aviation regulations but is also the body responsible for enforcing them. And those responsible for enforcing the FARs in your geographic area are the Inspectors who work at your local FSDO. Since procedures and policies often vary a good deal from one office to another, it makes sense to contact your local FSDO if you would like to find out how a given regulation will be interpreted in your particular district. You can visit the FAA Centers and Regions page and then click on your region of the country. The page that then comes up should indicate which FSDOs exist in your region and how to contact them.
• Do some research to further investigate a particular FAR. If you have identified a specific regulation that addresses your question but you would like to clarify it, see how it has been interpreted in practice, or find out what the rationale was behind its creation, you can look at some of the primary and secondary sources I describe. If you are trying to find general trends, thorough analyses, or broad descriptions of legal standards and principles that apply to your area of interest, it is probably best to begin with secondary sources. But if you have already narrowed your search to a specific FAR (e.g. 61.57, 91.15, etc.), it is often best to go directly to the primary sources.
• Consult an attorney. No matter how much research you are willing to do on your own, there are many questions and situations which call for professional legal assistance. It is best to take advantage of such services before you actually run into any legal difficulties. If you are like most general aviation pilots, however, you will probably only deal with an aviation attorney if the FAA is alleging that you have violated one or more regulations and is taking enforcement actions against you. The details of that process are the subject of the next page of this site.