With a good attorney, this person is not going to be convicted because nothing the FAA did was logical.
1. The FAA conducted a 709 ride, he surrenders his commercial pilot certificate, no mention of the instructor certificate in the indictment although once he surrendered his commercial certificate he is not eligible for the CFI. (61.183)
2. FAA issues a temporary with a no passengers restriction although the FAA’s own Kortokrax opinion states the students are not passengers. The FAA didn’t comply with their own regulation (61.27). Passengers is not a rating to delete under 61.5 and there was no exchange for a lower certificate listed in 61.5.
3.. The flight instructor certificate says it must be accompanied by a pilot certificate #123456. His temporary certificate contained his certificate number.
§ 61.183
Eligibility requirements.
To be eligible for a flight instructor certificate or
rating a
person must:
(c) Hold either a commercial pilot certificate or airline transport pilot certificate with:
§ 61.27 Voluntary surrender or exchange of certificate.
(a) The holder of a certificate issued under this part may voluntarily surrender it for:
(1) Cancellation;
(2) Issuance of a lower grade certificate; or
(
3) Another certificate with specific ratings deleted.
(b) Any request made under
paragraph (a) of this section must include the following signed statement or its equivalent: “This request is made for my own reasons, with full knowledge that my (insert name of certificate or
rating, as appropriate) may not be reissued to me unless I again pass the tests prescribed for its issuance.”
§ 61.17 Temporary certificate.
(a) A temporary pilot, flight instructor, or ground instructor certificate or
rating is issued for up to 120 days, at which time a permanent certificate will be issued to a
person whom the
Administrator finds qualified under this part.
(b) A temporary pilot, flight instructor, or ground instructor certificate or
rating expires:
(1) On the expiration date shown on the certificate;
(2) Upon receipt of the permanent certificate; or
(3) Upon receipt of a notice that the certificate or
rating sought is denied or revoked.