Can the NTSB still overturn FAA court ruling?

Snow · February 12th, 2003, 22:03

I was reading a 1994 issue of Flying and read how the FAA lost a court case in reguards of the supension of Bob Hoover's medical but was then overturned by the NTSB and he lost his medical over some neurology test which many argue has nothing to do with your ablity to fly a plane. It seemed a little unfair, has things changed over the years or does the NTSB still have the final say reguardless of court findings?

Snow · February 12th, 2003, 22:15

Woops! I thought I was in the general discussion board!

I'll repost it there, so disreguard this.

pavelump · February 12th, 2003, 22:35

hmm... maybe we should review your medical too.

Dave

chunk75 · February 13th, 2003, 00:24

The NTSB can over-rule the FAA in certain types of cases, but don't count on it. It is a rare day when the NTSB exercises that authority.

It's ALJ (Administrative Law Judges) that do most of the appeal work. That can be a good or bad thing. They are not hesitant to overrule the FAA, but they generally have no understanding of aviation and therefore go strictly by the letter of the law. As we all know, the FAR's are FAR (no pun intended) from clear and concise.

Join AOPA's Legal Services plan....great deal. Like 25 bucks a year, and all lawyer fees are free in case of enforcement actions and stuff.

February 12th, 2003, 22:03	#1
Snow Senior Member Join Date: Jul 2002 Location: Atlanta, GA Posts: 870	Can the NTSB still overturn FAA court ruling? I was reading a 1994 issue of Flying and read how the FAA lost a court case in reguards of the supension of Bob Hoover's medical but was then overturned by the NTSB and he lost his medical over some neurology test which many argue has nothing to do with your ablity to fly a plane. It seemed a little unfair, has things changed over the years or does the NTSB still have the final say reguardless of court findings?

February 12th, 2003, 22:15	#2
Snow Senior Member Join Date: Jul 2002 Location: Atlanta, GA Posts: 870	Re: Can the NTSB still overturn FAA court ruling? Woops! I thought I was in the general discussion board! I'll repost it there, so disreguard this.

February 12th, 2003, 22:35	#3
pavelump Senior Member Join Date: Jul 2002 Location: Chicago Posts: 790	Re: Can the NTSB still overturn FAA court ruling? hmm... maybe we should review your medical too. Dave

February 13th, 2003, 00:24	#4
chunk75 Senior Member Join Date: Jul 2001 Location: FL Posts: 922	Re: Can the NTSB still overturn FAA court ruling? The NTSB can over-rule the FAA in certain types of cases, but don't count on it. It is a rare day when the NTSB exercises that authority. It's ALJ (Administrative Law Judges) that do most of the appeal work. That can be a good or bad thing. They are not hesitant to overrule the FAA, but they generally have no understanding of aviation and therefore go strictly by the letter of the law. As we all know, the FAR's are FAR (no pun intended) from clear and concise. Join AOPA's Legal Services plan....great deal. Like 25 bucks a year, and all lawyer fees are free in case of enforcement actions and stuff.

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