All the FAA regulations are just that, regulations under Title 14 of the code of federal regulations. They are not LAWS in the same sense as the criminal code. They are issued by an administrative agency that is part of the Executive branch of the Federal Government. Under Administrative Law, unlike criminal law, you have no presumption of innocence. That does not negate those rights affirmed under the Bill of Rights. All FAA inspectors are supposed to identify themselves, and can’t use entrapment methods to get you. If there is someone unknown around your airplane you should do 3 things, 1. Close the airplane (or hangar) door. 2. Ask if they are with the FAA. And finally if they respond yes, 3. Shut your mouth!
You have the right to remain silent. They can’t inspect your property without either your permission, or a warrant. Once the door is closed, they can look around the outside and look in the windows, but they can’t trespass and open doors or inspection panels. Most FAA violations are prosecuted based on statements made by the defendant. Self incrimination is the biggest issue with any enforcement case. If they press the issue, just respond that you will be happy to answer any questions when your attorney is present. If you ever get from the tower “call us when you get on the ground” DON’T, just by calling you have incriminated yourself!
As far as your airplane, the most they can do is hang a “condition tag” on it that says something like “ if you operate this aircraft, you may be in violation of 14 CFR”. They have no power to “ground” the airplane. They can only issue a letter of investigation if they see a possible violation, or if someone else sees and reports a possible violation. In truth, it is very hard for them to even move forward with a letter of investigation unless you admit you did something wrong.
I’m not a lawyer, and this is not legal advise. Consult an attorney for any legal issues.
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