Sec. 3304. Limitations on reexamination of certificate holders
462 words·~2 min read·
/bill/114/s/2943/pap/section-3304·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 44709(a) of title 49, United States Code, is amended— by striking The Administrator and inserting the following: The Administrator ; by striking reexamine and inserting , except as provided in paragraph (2), reexamine ; and by adding at the end the following: The Administrator may not reexamine an airman holding a student, sport, recreational, or private pilot certificate issued under section 44703 of this title if the reexamination is ordered as a result of an event involving the fault of the Federal Aviation Administration or its designee, unless the Administrator has reasonable grounds— to establish that the airman may not be qualified to exercise the privileges of a particular certificate or rating, based upon an act or omission committed by the airman while exercising those privileges, after the certificate or rating was issued by the Federal Aviation Administration or its designee; or to demonstrate that the airman obtained the certificate or the rating through fraudulent means or through an examination that was substantially and demonstrably inadequate to establish the airman's qualifications.
Before taking any action to reexamine an airman under subparagraph (A), the Administrator shall provide to the airman— a reasonable basis, described in detail, for requesting the reexamination; and any information gathered by the Federal Aviation Administration, that the Administrator determines is appropriate to provide, such as the scope and nature of the requested reexamination, that formed the basis for that justification. . Section 44709(b) of title 49, United States Code, is amended— in paragraph (1), by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively, and indenting appropriately; by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively, and indenting appropriately; in the matter preceding subparagraph (A), as redesignated, by striking The Administrator and inserting the following: Except as provided in paragraph (2), the Administrator ; and by adding at the end the following: The Administrator may not issue an order to amend, modify, suspend, or revoke an airman certificate held by a student, sport, recreational, or private pilot and issued under section 44703 of this title after a reexamination of the airman holding the certificate unless the Administrator determines that the airman— lacks the technical skills and competency, or care, judgment, and responsibility, necessary to hold and safely exercise the privileges of the certificate; or materially contributed to the issuance of the certificate by fraudulent means. Any order of the Administrator under this paragraph shall be subject to the standard of review provided for under section 2 of the Pilot's Bill of Rights ( 49 U.S.C. 44703 note). . Section 44709(d)(1) of title 49, United States Code, is amended— in subparagraph (A), by striking subsection (b)(1)(A) and inserting subsection (b)(1)(A)(i) ; and in subparagraph (B), by striking subsection (b)(1)(B) and inserting subsection (b)(1)(A)(ii) .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 3304
Limitations on reexamination of certificate holders
Cites 1Cited by 0 across 0 sources