Christina,
Whoaaaaa!!! Don't for a moment think I'm defending FAA policy, because I'm not.
I stated a fact: If you or one of your students has a ground accident in Alaska, you can expect a visit from the FAA. The reason: HALF of our accidents, as in HALF of ALL accidents in Alaska, according to the Medallion Foundation and the FAA, are loss of control on the ground type accidents. Like the initiative on runway incursions, this is bound to generate some focus by the regulatory agency involved, and it has. I did not say, nor did I imply that this is fair. I simply stated a fact. From the sounds of it, Alex is involved at some level in one of those.
Also, don't believe for a moment that your ability to fly an airplane is a right guaranteed under the Constitution. Note that the FAA does not work within our court system, they have their own. Flying and flight instructing is a priviledge, NOT a Constitutional right. The FAA can grant that priviledge, and they can rescind it. Same goes for converting a certified airplane to an experimental. Read the rules, by the way, there is a way to do that, but it severely restricts what you can do with the plane. With certification and maintenance AND liability what they are these days, I'm not sure that the rule preventing you from converting back and forth from Exp to Standard category is such a bad thing.
You are absolutely correct regarding liability for flight instructors, in my book, but that's the way it is. You are a CFI, you put your name in my book, I do something wrong, you will probably get talked to. Hopefully, it will be kept in an information gathering vein, but.... I agree that the liability issues for flight instructors is awful. How about for mechanics, though? Their certificates, livelihoods, and savings are at risk every time they touch an airplane. Nobody said it was fair. This is, however, one of the problems I see with the aviation industry, and I'd sure like to hear ideas on how to fix it.
Alex,
Did you not read my previous post? I stated clearly that I recently completed a 709 ride. I did not send a PM to you, I posted it here. My experience was a positive thing, as noted earlier.
I assume that you received a letter from the FAA regarding your ride. What did the letter say? Did the letter say you are prohibited from conducting any flight activity or flight instruction until you complete the 709 ride? Read it again. I believe that they use a pretty stock letter format. That format (at least the one I got) simply said that I needed to contact an inspector within 10 days to arrange for a ride. It did not say I was grounded, nor did it imply that I could not conduct business as usual.
I in fact asked the FAA Ops inspector involved if I could continue to flight instruct and fly as usual, and his response, in writing, was yes, I could continue all my usual flight activities. Perhaps that is an unusual case, but I don't think so.
As to going up the chain: There are ways to elevate things without causing friction. Again, tell them you need to get on with life, illustrate to them you have a positive attitude (and I don't mean to imply that you haven't already done so) and that you are willing to accept a ride from whomever they deem qualified, including perhaps a DPE that you could recommend. Who knows, they might be happy to have it off their plate.
My point wasn't very well elucidated, apparently. My point was that I think there are things you can do to speed the process. Further, I don't believe a pending 709 ride disqualifys you from earning a living by flight instructing, UNLESS the letter you received specifically said YOU ARE GROUNDED.
I'm betting it didn't. More than likely all it says is that you are to be re-examined on yada yada portions of the commercial and/or CFI PTS. That in and of itself does not imply you are grounded.
So, first, READ THE LETTER. Then, if there is still a question, ask the FSDO Ops Inspector who you are coordinating with that question: Are you grounded? If you can't get in touch with him or her, it shouldn't ruffle any feathers at all if you request to speak to another Ops inspector in that office, and ask them that question. It is a legitimate question.
If you still can't get an answer, contact AOPA headquarters, and speak with the technical and legal folks there. They can certainly answer that question as well. Have the letter in hand when you call.
Then, if you can legally fly and instruct, where's the problem, other than nobody likes something like this hanging over their heads?
Sorry if I came on too hard on this, but you have a lot of options, without getting anyone's underwear in a knot, and it doesn't sound like you've been exploring those options.
My point was that a discussion on this forum won't fix your problem, but you do have options. I should have been more specific in describing those options earlier.
Sorry if I offended, but explore some of these things. I think you'll find that things aren't as bad as you're letting on.
MTV