FAA Reexamination of Repair Station Employees

[turbines]

The Repair Station received a letter from the FAA advising that a formal investigation was being conducted as a result of "numerous discrepancies" discovered during a routine inspection. No specific discrepancies were identified in the letter. The operator had conducted it's own in-depth self-evaluation audit and subsequently voluntarily surrendered the CRS certificate based on it’s own findings. The certificate had been surrendered prior to being notified by the FAA of a formal investigation.

Now the FAA has sent 2 of the ex-employees of that repair station a letter requesting that they both submit to reexamination to determine competency. Both of their certificates may be subject to emergency action if they fail to pass the reexamination. No specific reasons or cause for the reexamination has been addressed as required in Title 49 USC 44709 (c) and the FAA has still not divulged the findings of their initial investigation.

One of the individuals they are asking to be reexamined was the Accountable Manager for the repair station and the other held the position of Chief Inspector. What is the best course of action for these individuals to pursue? Neither has been given any idea as to what they will be retested on or how they might be able to prepare a defense for possible alledged violations that have not been disclosed to them by the FAA.

Is it possible the FAA is pursuing this course of action because after the voluntary surrender of the repair station certificate because they can no longer impose sanctions against the former CRS operator?

Something smells about all this I think. Does anybody have any ideas?

[Denny of Oakland]

First I am not a lawyer and cannot give legal advice. If you want or need legal advice please contact an aviation attorney. However the information I am giving you can be researched from the documents I am referencing so you can make your own determination.

The below statements were taken for FAA Order 2150.3 and is one of two orders the FAA inspector will follow in cases such as this. The inspector will use FAA order 8300.10 Vol.3, Chapter 18 for reexamination of airman, which may be in the case the Accountable manager and chief inspector.

I assume both hold airframe and powerplant certificates other wise the inspectors would not be requesting reexamination.

Authority. Title 49 of the United States Code (49 U.S.C.) § 44709 (formerly 609 of the FA Act of 1958) authorizes the Administrator to reexamine any airman at any time. If an airman fails to comply with a request for reexamination, § 44709 provides legal procedures to enforce reinspection or reexamination. Punitive enforcement action may be undertaken during the reexamination process, as necessary. FAA Order 2150.3, Compliance and Enforcement Program, contains derailed information on the enforcement aspects of § 44709 actions.

Cause for Reexamination. The reconsideration of an airman's competence is a serious issue and requires that there be ample cause. In most cases, a reexamination will follow the investigation of an accident or incident apparently caused by the airman's incompetence.

Emergency suspension or revocation of a certificate should be used only as an emergency safety measure and to provide immediate protection to the public. Therefore, emergency actions should be taken as soon as possible after the need for such action becomes apparent.

Under Title 49 USC 44709 the two people involved received a letter stating something like this:

Investigation of the [accident, incident, occurrence, or other event that led to the re-examination], that occurred on [date] at approximately [time] at [location], involving you as [describe airman’s role], gives reason to believe that a re-examination of your airman competency is necessary under Title 49 USC Section 44709(a).

The above the standard format airman are sent and it goes on to read you have X-mount of days to contact the local FSDO.

Refusal to submit to reexamination. Under Section 609 of the FA Act, an airman may be requested to submit to medical reexamination if there is a reasonable basis to believe that the airman may not be qualified. If the airman refuses or fails, within a reasonable time, to submit to the reexamination, emergency action, using procedures set out in paragraph 1202h (Order 2150.3), should be taken to suspend the airman medical certificate pending reexamination and a determination that the airman is medically qualified.

In no way should it suggest that the FAA considers the reexaminationa punishment for an act the airman may have committed. I can only assume the FAA is not using this a punishment, but because of the airman's lack of competence while excising the privileges under the A&P certificate.

Remember just because you work for a Repair Station is does not protect you A&P certificates if you do something wrong. Both the repair station and certificate holder (mechanic) can be held liable at the same time. Surrendering a certificate does not necessary get the person off the hook either. Remember this is about lack of competence with the individual.

You have to remember part 145 refers to part 43 that refers to part 65 and a mechanic, repairman, or certificate holder is held accountable for their actions, if they did something wrong. I assume they turned in the repair station certificate because they did something wrong. So why wouldn’t the accountable manager and chief inspector not be responsible as they are the two that sign off on everything and part 145 make the accountable manager fully responsible. The chief inspector can be just as responsible if it is written in the part 145 repair station manual.

In parting I would suggest the two individuals study and pass the required tests to show they do not lack the knowledge or competence.

I don’t’ think it smells at all, but that is just one man’s opinion.

[turbines]

In reviewing your reply I think you are probably correct. Thanks

[AVION1]

As a Chief Inspector(avionics) with a Repairman Certificate, our company also got the Feds with their LOI (letter of investigation)
They found an altimeter on the bench without a manual, or not manual at all on the shop for that particular altimeter...

After their investigation I received a Request for Testing letter (or something like that on the mail) requesting a re-test..(the repairman certificates doesn't need a test or written test to get it..you get it because of the experience)
But anyway..I had to take a test: FAR 43 and FAR 65 laws and regulations..it was a very tricky one!! they flunk it..with a 60%, the minimun is 70%

Today my boss got a phone call from the feds, requesting me to surrend my Repairman certificate and wait 90 days for re-test or they will revoke it.
Not only that, my boss now wants me to leave for 90 days without payment, SUSPENDED WITHOUT $$$..!!, because he will close the shop for 90 days, until I re-test and get a new repairman cert.
This is nuts and getting crazy my friends..the FAA is closing shops and maintenance facilities around the country for just any issue.
I am about to lose my job and my family will enter into a hardship, just because a Manual that was not at our facility.

[turbines]

The FAA will not rest until they have put all small operators out of business regardless as to how conscientiously those operators try to do their jobs. Anymore the rules have become so stringent that it is nearly impossible to stay 100% in compliance with all the FAA's requirements. They will continue to busy themselves with investigations into technicalities in order to justify their existence. Most of the FAA investigations and actions have done very little to enhance safety. Our local FAA's travel budget is strained so they spend all their time harassing local operators to avoid travel. I recently gave up my IA because I don't need any more exposure to abuse and know others that are considering the same. It's a shame because the situation with today's FAA is discouraging younger folks from getting into the business. If I am ever asked to re-test over something I consider silly I will hand over the rest of my certificates and find something new to do.

The FAA is out of control. - Forums

[Denny of Oakland]

A repairman should be assigned to a position in which he/she is responsible for the work of a shop or department that performs maintenance and be authorized to perform required inspections or be authorized to sign the airworthiness release or log entry. (Reference AC 65-24)

To be eligible for a repairman certificate each applicant is required by Section 65.101. You are specially qualified to perform maintenance on aircraft or components thereof, appropriate to the job for which he/she is employed.

The holder of a repairman certificate employed by a certificated repair station, a manufacturer's maintenance facility, or the holder of an air carrier operating certificate may perform or supervise the maintenance, preventive maintenance, or alteration of aircraft or aircraft components appropriate to the job for which the repairman was employed and certificated. Unless the repairman understands the current instructions of the certificate holder by whom he/she is employed and the manufacturer's instructions for continued airworthiness, that person may not perform or supervise duties under his/her repairman certificate.

Having said the above the Part 145 repair station is responsible for the actions of its employees reference Part 145.153 and § 145.155 Inspection personnel requirements.
(a) A certificated repair station must ensure that persons performing inspections under the repair station certificate and operations specifications are--
(1) Thoroughly familiar with the applicable regulations in this chapter and with the inspection methods, techniques, practices, aids, equipment, and tools used to determine the airworthiness of the article on which maintenance, preventive maintenance, or alterations are being performed; and

If you did not understand the Repair Station Manual (RSM) or the Quality Control Manual (QCM) or are thoroughly familiar with the applicable regulations as stated above then the FAA has an obligation to retest you under US Code Section 44709. You should remember the Repairman Certificate is a privilege not a license or right.

If you failed the test the FAA gave you on regulations they you were not thoroughly familiar with the applicable regulations and the FAA is required to revoke your certificate if you do not re-test.

The Part 145 Repair Station received a Letter of Investigation (LOI) because the shop did not follow its RSM/QCM by having the required current manual available during repair in accordance with Part 43.13. If you were the one responsible for not following the RSM/QCM and following its direction you are in violation of the Code of Federal Regulations as is the repair station. Sorry to hear about your situation, but the best thing to do at this point is study the following; Section 65.101, Part 43 and Part 145 and take the re-test as soon as possible.

I do not believe the FAA is out to put all small operators out of business regardless how conscientiously those operators try to do their jobs. We have to remember the rules were written back in 1958 and have not changed much since then with the exception of Part 145.

The rules have NOT become so stringent that it makes them impossible to follow. The rules were written to the minimum standard of 70%. What is wrong with having standards that meet the 70% or C average. I would hope shops are performing at above the C average on the aircraft I fly on.

I also hold an A&P/IA and don’t find the local FAA office spending all their time harassing local operators to avoid travel. Most the FAA guys I know would rather travel and spend time with operators because they used to be opertors before joining the FAA. I just don’t understand the exposure you are talking about. If you meet the C average you are meeting the standard.

I think a lot of people like to bash the FAA for making us maintain the C average and pointing it out when we get caught falling below the average. I have been working with a lot of younger kids wanting to get into aviation. I don't see a problem there either.

If you look at the enforcements the FAA does do its less than 1% of the aviation population. Every trade has problems aviation has a few people who do not want to follow the minimum standard and they make us all look bad.

Just one A&P/IA opinion.

[AVION1]

65.101, Part 43 and Part 145 and take the re-test as soon as possible.
===============
And why I have to wait 90 days?

why I don't have the same "privileges" as the Pilots to study the questions and answer? or the A&P or the IA tests? all of them have to study the "questions and answer" books and that's it..piece of cake!!

[Denny of Oakland]

I assume the FAA sent you a letter saying 90-days to retest. I am sorry I don’t have an answer why you have to wait 90-days. I would suggest you contact the FAA Inspectors’s and asked them directly.

As you may know pilots, and mechanics hold rating and yes it is a privilege and they are required to take tests that are published except for the Inspection Authorization. An applicant for a repairman certificate will normally be employed by a certificated repair station, manufacturer's maintenance facility, or a certificate holder operating under the provisions of FAR Parts 121, 127, or 135, and are not required to take a written, oral, or practical test as pilots and mechaincs do.

You received your repairman certifiate based on a letter of recommendation from your repair station employer clearly stating that you the applicant meets the requirements of 14 CFR part 65, § 65.101. The letter should of describe the specialized jobs you the applicant will perform or supervise as a repairman. This letter indicated you were specially qualified to perform maintenance on aircraft or components thereof, appropriate to the job for which you were employed. You were required to complete formal training that was acceptable to the Administrator (FAA), and was specifically designed to qualify you for the job in which you were to be employed. This is not the case for pilots and mechanics we are required to have a broader knowledge and required to take special required training then pass the written, oral, and practical tests. Repairmen are not required to take these type of tests to be certificated.

You will be tested on your special skills and knowledge of FARs per your employment recommendations by the repair station. Knowing the FARs is what your test is going to be on and I would assume the repair station manual RSM and QCM would be included.

Please remember Title 49 of the UnitedStates Code (49 U.S.C.) § 44709 (formerly 609 of the FA Act of 1958) authorizes the Administrator to reexamine any airman at any time. The reconsideration of an airman's competence is a serious issue and requires that there be ample cause.

Reference material:
FAR 65 Section 65.101 Eigible for a repairman certificate
AC 65-24 Certification of a Repairman (General)
FAA Order 8300.10 Vol. 2 Chapter 24 Certifiate Repairman
FAA Order 8300.10 Vol. 3 Chapter 18 Conduct a Reexamination Test

FAR 65 § 65.103 Repairman certificate: Privileges and limitations.

(a) A certificated repairman may perform or supervise the maintenance, preventive maintenance, or alteration of aircraft or aircraft components appropriate to the job for which the repairman was employed and certificated, but only in connection with duties for the certificate holder by whom the repairman was employed and recommended.

(b) A certificated repairman may not perform or supervise duties under the repairman certificate unless the repairman understands the current instructions of the certificate holder by whom the repairman is employed and the manufacturer's instructions for continued airworthiness relating to the specific operations concerned.

(c) This section does not apply to the holder of a repairman certificate (light-sport aircraft) while that repairman is performing work under that certificate.

[Doc. No. 18241, 45 FR 46738, July 10, 1980, as amended by Amdt. 65-45, 69 FR 44879, July 27, 2004]

Just one A&P/IA opinion.