GA Groups Rally To Defend YouTube Personality On Legal Challenge
The Aircraft Owners and Pilots Association (AOPA), along with the Experimental Aircraft Association (EAA) and the Alaska Pilots Association, are joining forces to support YouTuber Trent Palmer as he fights to overturn an FAA suspension. These advocacy groups have appealed to the federal appeals court on Palmer’s behalf, arguing that the National Transportation Safety Board (NTSB) has consistently ignored essential provisions of the Pilot’s Bill of Rights, and they believe the same has happened in this particular case.
The incident in question took place in November 2019 when Palmer conducted a low inspection pass in his Kitfox bush plane over an acquaintance’s backyard, where he had been contemplating landing. However, he decided against landing and was subsequently slapped with a 120-day certificate suspension by the FAA for violating altitude restrictions. Palmer cited FAR 91.119, which specifies that altitude restrictions do not apply except when necessary for takeoff and landing. He argued that the inspection pass qualified as necessary for takeoff and landing, even though he ultimately decided not to land. He further emphasized that penalizing him for making a wise decision could potentially encourage other pilots to risk landing in unsafe areas to avoid a violation.
AOPA Legal Services Plan attorney Daniel Hassing, who played a crucial role in drafting the defense brief for Palmer, underscored that this case goes beyond a single pilot’s defense. Hassing asserted that it carries significant implications for all pilots, highlighting the importance of the protections laid out in the Pilot’s Bill of Rights, which, in his opinion, have not been consistently adhered to by the FAA and the NTSB. We want to ensure that the process is fair to airmen and that the FAA and NTSB follow the rules established by Congress. Additionally, we want the court to overturn its prior decision before other courts reference and rely on it, said Hassing.
On December 11, Palmer’s attorney filed a petitioner’s brief addressing what they deem as errors committed by the NTSB judge in failing to dismiss the suspension order. The brief’s opening sentence states, This Petition for review principally centers on whether the FAA has complied with the most basic precepts of the due process of law in conducting air safety proceedings. The NTSB/FAA legal team has until January 17 to respond, and Palmer’s legal team will then be given an opportunity to reply to their response by February 7.
It remains to be seen how the court will rule on this case, but one thing is clear: the outcome could have far-reaching implications for pilots and their rights. The collaboration between these key aviation advocacy groups demonstrates their commitment to ensuring fairness and proper adherence to regulations in aviation disputes. As the legal battle unfolds, the aviation community eagerly awaits the court’s decision, which has the potential to shape future proceedings and safeguard the rights of pilots across the board.