Page 6 - Twin & Turbine May 2017

Legally Speaking
by Jerry H. Trachtman The Dreaded 709
Re-Examination
You are landing on runway 9 at your towered home airport, which has only an east-west runway. You have received the current ATIS, and it is reporting wind as 020 at 18, gust 25. The maximum demonstrated crosswind component of your aircraft is 17 knots. You are proficient, and have
never had an issue landing in a stiff crosswind. You touch down on the runway centerline and are surprised when your aircraft suddenly and unexpectedly departs the runway despite your efforts to bring it back, and you end up in the grass off the runway. The tower asks if you require assistance, and since the only damage is to your ego you decline and taxi back onto the runway, not quite sure about the cause of what just happened.
A month after your runway excursion you receive a letter from the local FSDO:
Dear Mr. Smith:
The FAA has conducted an investigation of an accident/ incident that occurred at KXYZ on \[date\]. Based on that investigation, the FAA has reason to believe that your competence as a certificated airman is in question, and that re-examination of your qualification to be the holder of an airman certificate is necessary in the interest of safety. Therefore, under the authority in 49 U.S.C. § 44709, the FAA requests that you call or appear at this office or a Flight Standards District Office more conveniently located to you no later than 10 days after you receive this letter, to make an appointment for a re-examination. The re-examination will consist of crosswind landing technique and include the knowledge and skill necessary to be the holder of \[your airman certificate\] with emphasis on in-flight decision making and aircraft control. If you make an appointment with a Flight Standards District office in another area, please advise this office. If you do not accept the opportunity for re-examination by the date set forth above, we will begin proceedings to suspend your airman certificate until such time as you demonstrate your competence to exercise its privileges. If, for reasons beyond your control, you are unable to be re-examined at this time, please contact me immediately so that the FAA can determine whether to grant an extension of time to you. Please note that the incident that occurred on \[date\] is still under investigation to determine whether other enforcement action is appropriate. If additional enforcement action is to be taken, you will be advised in a separate letter. We will be pleased to discuss this matter with you and provide any further information that may assist you. Our office is open from 8 a.m. to 4 p.m., and our telephone number is (555) 555-5555. Your cooperation in this matter will be appreciated.
4 • TWIN & TURBINE
May 2017