Police And Faa Laws: Who Enforces What?

The Federal Aviation Administration (FAA) is responsible for enforcing aviation laws and regulations in the United States. This includes handling sightings and reports of potential violations, such as operating an aircraft without registration or in an unsafe manner. The FAA's Law Enforcement Assistance Program (LEAP) coordinates with Federal, State, local, tribal, and international law enforcement agencies on matters of organised crime, drug trafficking, criminal violations, and threats to national security involving US-registered aircraft and FAA certificate holders. The FAA also has the authority to initiate legal enforcement actions, such as certificate actions, civil penalty actions, and informal procedures and settlements. In cases of civil penalties in excess of the FAA's assessment authority, the FAA can issue a compromise order to resolve the matter without an adjudicated finding of violation.

The FAA's Law Enforcement Assistance Program (LEAP)

LEAP works with other Federal and State agencies regarding matters of aviation safety, including the Department of Justice. The Aviation Litigation Division initiates legal enforcement actions to address noncompliance by regulated entities and persons, including certificate actions, civil penalty actions, and informal procedures and settlements. The FAA has authority to compromise a penalty by issuing a compromise order stating that the FAA believes the entity has violated a statute or regulation and that the FAA is willing to accept a penalty of a specified amount in resolution of the matter. When the FAA issues a compromise order, no adjudicated finding of violation is made a part of the entity's enforcement record (unless the entity agrees otherwise as part of the resolution). If there is no resolution, the matter is referred to the Department of Justice for prosecution in U.S. District Court.

Informal procedures and settlements

In cases where civil penalties exceed the FAA's assessment authority, the FAA has the authority to compromise a penalty by issuing a compromise order. This order states that the FAA believes the entity has violated a statute or regulation and is willing to accept a specified penalty amount to resolve the matter. If the entity agrees, no adjudicated finding of violation is made part of their enforcement record. However, if there is no resolution, the matter is referred to the Department of Justice for prosecution in U.S. District Court.

Civil penalties

The Federal Aviation Administration (FAA) has the authority to issue civil penalties for violations of its regulations. These can include operating an aircraft without registration or necessary airman certification, or operating an aircraft in an unsafe manner so as to endanger persons or property.

The FAA's Aviation Litigation Division initiates legal enforcement actions to address noncompliance, including civil penalty actions. The FAA Compliance and Enforcement Program, Order 2150.3C, outlines the policies, procedures, and guidelines for these legal enforcement actions. At the beginning of most enforcement cases, there is an opportunity for informal procedures, including an informal conference with an FAA attorney, to give the alleged violator a chance to present exculpatory or mitigating evidence.

For civil penalties in excess of the dollar limitation on the FAA's assessment authority (for other than hazardous materials violations), the FAA can issue a compromise order. This order states that the FAA believes the entity has violated a statute or regulation and is willing to accept a penalty of a specified amount in resolution. No adjudicated finding of violation is made a part of the entity's enforcement record unless the entity agrees otherwise as part of the resolution. If there is no resolution, the matter is referred to the Department of Justice for prosecution in U.S. District Court.

The FAA's Law Enforcement Assistance Program (LEAP) is the point of contact for Federal, State, local, tribal, and international law enforcement agencies in matters of organized crime, drug trafficking, criminal violations, and threats to national security involving U.S.-registered aircraft and FAA certificate holders.

Aviation Litigation Division

The Aviation Litigation Division is responsible for initiating legal enforcement actions to address noncompliance by regulated entities and persons. This includes certificate actions, civil penalty actions, and informal procedures and settlements. The Division also assists the Department of Justice in civil enforcement cases before Federal courts, handling appellate litigation, including administrative appeals, and certain enforcement cases on review before the U.S. Courts of Appeal.

The Division's attorneys advise on enforcement matters and initiatives, working closely with FAA offices to develop and review compliance and enforcement policies and procedures. They also coordinate with other Federal and State agencies regarding matters concerning aviation safety. This includes situations where a violation of FAA regulations and/or state/local laws may have occurred, such as operating an aircraft without registration or necessary airman certification, or in an unsafe manner that endangers persons or property.

In cases of civil penalties in excess of the dollar limitation on the FAA's assessment authority, the FAA has the authority to compromise a penalty by issuing a compromise order. This states that the FAA believes the entity has violated a statute or regulation and is willing to accept a specified penalty amount to resolve the matter. If no resolution is reached, the case is referred to the Department of Justice for prosecution in U.S. District Court.

The Aviation Litigation Division also handles tort claims and represents the Agency in aircraft accident investigations and litigation involving designees. The FAA's Law Enforcement Assistance Program (LEAP) is the point of contact for Federal, State, local, tribal, and international law enforcement agencies in matters of organised crime, drug trafficking, criminal violations, and threats to national security involving U.S.-registered aircraft and FAA certificate holders.

Matters of national security

The FAA has a number of legal enforcement actions at its disposal to address noncompliance by regulated entities and persons. These include certificate actions, civil penalty actions and informal procedures and settlements. For civil penalties in excess of the dollar limitation on the FAA's assessment authority, the FAA has the authority to compromise a penalty by issuing a compromise order stating that the FAA believes the entity has violated a statute or regulation and that the FAA is willing to accept a penalty of a specified amount in resolution of the matter.

The FAA's Aviation Litigation Division also assists the Department of Justice in civil enforcement cases before Federal courts. Division attorneys advise on enforcement matters and initiatives, work with FAA offices to develop and review compliance and enforcement policies and procedures, and coordinate with other Federal and State agencies regarding matters concerning aviation safety.

In addition, the FAA's Compliance and Enforcement Program, Order 2150.3C, provides an opportunity at the beginning of most enforcement cases for informal procedures, including an informal conference with an FAA attorney, to give the alleged violator a chance to bring to the FAA's attention information favourable to it, such as exculpatory or mitigating evidence. During these informal procedures, an enforcement action can sometimes be resolved to the mutual satisfaction of the parties.

Frequently asked questions