A Dangerous New Precedent in FAA Enforcement Law

Imagine a case where the prosecutor can interpret ambiguous regulations in the middle of the trial and the judge is bound by that prosecutor's interpretation. Even worse, what if the appellate court is also bound to give deference to the Prosecutor's ad hoc interpretations? You say that this cannot happen in the U.S. legal system? What about due process? Guess again, it has happened in the "split-enforcement" regime where the FAA has legal enforcement authority over an airman's certificate, while the NTSB is supposed to act as an appellate adjudicatory authority. AVweb's Phil Kolczynski explains.

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