Can the NTSB still overturn FAA court rulings?

Snow · February 12th, 2003, 21:16

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?

JoeBlow · February 13th, 2003, 00:11

I have taken aviation law, but by now means am I an expert. From what I have studied, courts are typically reluctant to overturn the decisions of administrative agencies.

chunk75 · February 13th, 2003, 00:23

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 ALJs (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.

If you are really interested in this, a good book is this one (light reading, relatively)http://www.amazon.com/exec/obidos/tg...ce&s=books

If you're *REALLY* interested in Av. Law, check out this one. http://www.amazon.com/exec/obidos/tg...ce&s=books It's an actual law book. Hardcore....all cases and *some* interpretation.

Good luck with all that!

Chunk

Snow · February 14th, 2003, 22:22

Cool thanks for that! Does the AOPA cover professional comerical pilots as well? Sounds like a bargan to me!

chunk75 · February 14th, 2003, 22:43

Yeah it's a whole 10 bucks more a year or something like that.

AOPA is a good deal all around!

Chunk

February 12th, 2003, 21:16	#1
Snow Senior Member Join Date: Jul 2002 Location: Atlanta, GA Posts: 869	Can the NTSB still overturn FAA court rulings? 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 13th, 2003, 00:11	#2
JoeBlow Junior Member Join Date: Oct 2002 Location: Phoenix, AZ Posts: 137	Re: Can the NTSB still overturn FAA court rulings? I have taken aviation law, but by now means am I an expert. From what I have studied, courts are typically reluctant to overturn the decisions of administrative agencies.

February 13th, 2003, 00:23	#3
chunk75 Senior Member Join Date: Jul 2001 Location: FL Posts: 922	Re: Can the NTSB still overturn FAA court rulings? 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 ALJs (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. If you are really interested in this, a good book is this one (light reading, relatively)http://www.amazon.com/exec/obidos/tg...ce&s=books If you're REALLY interested in Av. Law, check out this one. http://www.amazon.com/exec/obidos/tg...ce&s=books It's an actual law book. Hardcore....all cases and some interpretation. Good luck with all that! Chunk

February 14th, 2003, 22:22	#4
Snow Senior Member Join Date: Jul 2002 Location: Atlanta, GA Posts: 869	Re: Can the NTSB still overturn FAA court rulings? Cool thanks for that! Does the AOPA cover professional comerical pilots as well? Sounds like a bargan to me!

February 14th, 2003, 22:43	#5
chunk75 Senior Member Join Date: Jul 2001 Location: FL Posts: 922	Re: Can the NTSB still overturn FAA court rulings? Yeah it's a whole 10 bucks more a year or something like that. AOPA is a good deal all around! Chunk

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