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) 895-8234

Read more aviation articles by Richard T. Miller:

Due Process: F.A.A. Enforcement F.A.A. Certificate Enforcement: Emergency Means You Have Little Time to Act F.A.A. Sanctions: Look for the S.A.A.P., F.A.A. Complaints: Staleness Can Be Good F.A.A. Violations: Standard Careless & Reckless Behavior F.A.A. : Please Do Not Confess F.A.A. Inspectors and Ramp Cooperation F.A.A. Reaction to DUI F.A.A. : Have You Filed Your NASA Report? F.A.A. : Be Sure to Check for TSRs

Aviation Pre-flight Checks Aviation Rentals and Inspections - Renter Requirements Aviation Accidents, When to Report F.A.A. and Inaccurate Logbook Entries F.A.A. and Keeping Paperwork "Clean" F.A.A. and Pilot Medical Examinations Do Not Voluntarily Surrender the Cerificate: The Bob Hoover Debacle Aviation and Insurance - Don't Go It Alone Pilot Warranty and Aviation Liability - Sometimes Cause Doesn't Matter

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