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6 Answers

Can I still be a pilot!?

Asked by: 4986 views , , ,
FAA Regulations, Private Pilot, Student Pilot

About 6 months ago, I was pulled over for a random drug search. I thought nothing of it and allowed the police to go about their search. They found a small piece of marijuana and I was taken to jail. I don't smoke, drink, or even have a criminal record of any sort except for this stupid thing. I'm going to take my private checkride in a week, so I was filling out my IACRA forms and came across the question asking if I've ever been convicted of possession. I was scared to answer, so I thought I would ask if I was done flying or what to do. I've looked at the requlations and it says something along the lines of it has to be at least 1 year before I'm able to recieve a certificate. I don't know what to do! Any help is greatly appreciated. 

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6 Answers



  1. John D. Collins on May 27, 2012

    If you were convicted of possession, I would recommend you join AOPA and purchase the legal service. Then discuss the matter with a professional.

    Below is the text of the relevant FAR regulation, but I strongly urge you get legal advice:

     

    Sec. 61.15 Offenses involving alcohol or drugs.

     

    (a) A conviction for the violation of any Federal or State statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for:

    (1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of final conviction; or

    (2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

    (b) Committing an act prohibited by Sec. 91.17(a) or Sec. 91.19(a) of this chapter is grounds for:

    (1) Denial of an application for a certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of that act; or

    (2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

    (c) For the purposes of paragraphs (d), (e), and (f) of this section, a motor vehicle action means:

    (1) A conviction after November 29, 1990, for the violation of any Federal or State statute relating to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug;

    (2) The cancellation, suspension, or revocation of a license to operate a motor vehicle after November 29, 1990, for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug; or

    (3) The denial after November 29, 1990, of an application for a license to operate a motor vehicle for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug.

    (d) Except for a motor vehicle action that results from the same incident or arises out of the same factual circumstances, a motor vehicle action occurring within 3 years of a previous motor vehicle action is grounds for:

    (1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of the last motor vehicle action; or

    (2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

    (e) Each person holding a certificate issued under this part shall provide a written report of each motor vehicle action to the FAA, Civil Aviation Security Division (AMC-700), P.O. Box 25810, Oklahoma City, OK 73125, not later than 60 days after the motor vehicle action. The report must include:

    (1) The person’s name, address, date of birth, and airman certificate number;

    (2) The type of violation that resulted in the conviction or the administrative action;

    (3) The date of the conviction or administrative action;

    (4) The State that holds the record of conviction or administrative action; and

    (5) A statement of whether the motor vehicle action resulted from the same incident or arose out of the same factual circumstances related to a previously reported motor vehicle action.

    (f) Failure to comply with paragraph (e) of this section is grounds for:

    (1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of the motor vehicle action; or

    (2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

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  2. Kris Kortokrax on May 28, 2012

    The advice to join AOPA is good advice.  Order 8900.2 directs the examiner (DPE or FAA) to deny the application if the conviction date is less than 1 year prior and to conduct the exam and certification if the date is more than 1 year prior.  Can’t see where he needs any legal advice.  The rule and Order are pretty clear.

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  3. Best Answer


    Tom on May 29, 2012

    Look at the wording of the regs, Have you been concivted. You did not state if you were convicted of a drug charge. If it was 6 months ago and you still have a court date pending, no you have not been convicted. If you still have a court date, and have a good lawyer, it probably will be pled down or dismissed based on the amount found. If you have have a guilty charge on your record for any of the stautes for drugs, you will have to check yes and go from there. But not sure where you live, but if they find you guilty for a small piece of weed, I would move.

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  4. Maverick Cayce on May 29, 2012

    Thanks Tom! I haven’t had a court date set yet and I’ve never had any other types of drug charges on my record. I can only hope for the best come court date. I’m attending Northwestern Colorado in the spring for a flight degree, so hopefully that will help me in court.

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  5. Daniel Tobon on Feb 07, 2013

    Hi I live in Toronto Canada and I was convicted on drug and possession charges, and I was wondering if i could still become a pilot? As a young adult I’ve done many mistakes but this is something that i really want and I just want to know if its possible?

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  6. Iara on Mar 03, 2014

    Now I feel stiudp. That’s cleared it up for me

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