Latest / BSPE Legal Marketing Podcast / Must Pilots Report a New York DWI to the FAA? - Randall F. Inniss

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Must Pilots Report a New York DWI to the FAA? - Randall F. Inniss · BSPE Legal Marketing Podcast

• 0:00
  Must Pilots Report a New York DWI to the FAA?
• 0:03
  If you hold a pilot certificate and you are facing a DWI charge in New York, the consequences extend far beyond the courtroom and could affect your ability to fly.
• 0:11
  Under 14 CFR § 61.15, every person holding a certificate issued under Part 61 must report qualifying motor vehicle actions to the FAA in writing within 60 calendar days.
• 0:23
  This rule applies not only to airline pilots but also to private pilots, commercial pilots, flight instructors, and all other Part 61 certificate holders.
• 0:32
  An arrest alone does not trigger the reporting requirement, but a qualifying driver license action or a later conviction absolutely can.
• 0:40
  Qualifying motor vehicle actions include a DWI conviction under New York Vehicle and Traffic Law § 1192, cancellation or revocation of a driver's license for a qualifying cause, or denial of a license application for a qualifying cause.
• 0:55
  One New York DWI incident can actually produce more than one separately reportable motor vehicle action, meaning a court-imposed suspension and a later conviction each carry their own 60-day reporting clock.
• 1:07
  For a qualifying license action, the 60-day window begins on the effective date of that action, while for a conviction, it begins on the conviction date itself.
• 1:16
  A chemical test refusal can also create a separate reportable event because a sustained refusal hearing results in license revocation, which qualifies as a motor vehicle action under § 61.15 even without a criminal conviction.
• 1:30
  Pilots must submit the written § 61.15 report directly to the FAA, and reporting to an employer or a local Flight Standards District Office does not satisfy this requirement.
• 1:42
  The notification must include your full name, address, date of birth, airman certificate number, the type of violation, the effective date of the action, the state holding the record, and whether the action arose from a previously reported incident.
• 1:55
  Filing a report does not automatically result in certificate loss, and it is important to understand that FAA reporting, certificate action authority, and medical certificate disclosure on Form 8500-8 are three entirely separate processes.
• 2:10
  Randall F. Inniss, founder of The Inniss Firm, PLLC, is a New York DWI lawyer who built his practice on a 22-year career with the New York State Police, including service as a Certified Breathalyzer Operator and narcotics unit supervisor.
• 2:25
  His unique background allows him to evaluate traffic stop procedures, field sobriety test administration, and chemical test evidence in ways that can directly affect both your DWI defense and any related FAA reporting obligations.
• 2:38
  As a Hudson Valley DWI attorney and member of the National College for DUI Defense, Randall Inniss can review your arraignment order, DMV notices, and court disposition to identify which documents reflect a reportable action and which dates control your deadlines.
• 2:54
  Call The Inniss Firm, PLLC at 845, 470, 4236, located at 280 NY-211 Suite 203, Middletown, NY 10940, to schedule a consultation about your New York DWI charge and any related FAA reporting deadline today.