Appeals of FAA Emergency Orders

Emergency certificate actions are generally taken when the FAA believes the certificate holder lacks the qualifications to hold the certificate and the certificate holder is capable of exercising the privileges of the certificate. 49 U.S.C. § 44709(e) authorizes the Administrator to make certificate actions immediately effective if the Administrator finds that an emergency exists and safety in air commerce or air transportation require the order to be effective immediately.

Some key points if you have received an emergency revocation notice:

  • An emergency certificate action immediately deprives the certificate holder of the right to exercise the privileges of that certificate.
  • The certificate holder only has 2 days to file an appeal to the NTSB if the pilot intends to challenge the agency’s use of its emergency authority.
  • The certificate holder may not continue to exercise the privileges of that certificate while the appeal is pending unless the NTSB reverses the emergency nature of the order.
  • Certificate actions are taken as emergency actions when necessary to protect the safety of the public.

If you receive a Notice of Emergency Revocation, time is of the essence. Contact us immediately by clicking here.

Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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