As a government agency, the FAA is a bureaucracy at its best, or worst, depending upon your perspective. Sometimes that bureaucracy results in the FAA taking a long time to investigate or initiate an enforcement case. If that happens and the FAA pursues an enforcement action against a certificate holder more than six months after occurrence of the offense the FAA alleges violates the FARs, the certificate holder may be able to assert a “stale complaint” affirmative defense based upon the FAA’s delay. For more information on the stale complaint defense and how it works, please read my latest article: Analyzing a Stale Complaint Affirmative Defense in the Face of an Allegation of Lack of Qualification.
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The Stale Complaint Defense: Getting the FAA’s Case Dismissed When It Takes Too Long
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Greg Reigel
Greg has more than two decades of experience working with airlines, charter companies, fixed base operators, airports, repair stations, pilots, mechanics, and other aviation businesses in aircraft purchase and sale transactions, regulatory compliance including hazmat and drug and alcohol testing, contract negotiation, airport grant assurances, airport leasing, aircraft related agreements, wet leasing, dry leasing, FAA certificate and civil penalty actions and general aviation and business law matters.
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