Major Traffic Violation

A

Anonymous123

Guest
I'm 38 years old an exploring a career change. I've wanted to be a pilot since I was a kid and now is the perfect time in life.

12 years ago, I got a ticket for failure to report an accident which is a "major traffic violation". It's not a felony or misdemeanor, but it is the same level as things like DUIs and hit and runs when it comes to commercial drivers licenses which has my nervous.

Since then, my driving record has been clean.

Is this something I would need to report to the FAA? Would it prevent me from getting my license or medical? Is this something that would be an obstacle from getting hired or prevent me from getting hired at any airlines - regional, LCC, majors?
 
OP here to add more info

It appears I was disqualified from obtaining a commercial drivers license (CDL) for a year (not that I had or ever wanted to get a CDL) I never had my personal license suspended.

Would this apply to me:

"have you ever had any arrest(s) and/or convictions and/or administrative actions involving any offense(s) which resulted in the denial, suspension, cancellation or revocation of driving privileges or which resulted in attendance at an educational or a rehabilitation program?"
 
Not being eligible differs from being denied (or suspended, cancelled, or revoked). Even if reported to the FAA, if it wasn't drug or alcohol related, it's not a big thing to them.

The FAA does ask about criminal charges in general, but specifically says "misdemeanors or felonies". (By the way hit and run and DUI are definitely misdemanors in most localities, sometimes even felonies). Failure to report an accident in Georgia is indeed a misdemeanor, even if you escape any sanctions other than the three points and disqualification of CDL (I assume from the wording of your post this was Georgia).
 
Get a copy of your driving record for the past 10 years from the DMV. If it does not appear I would not bother reporting it.
 
robin ardoin said:
Get a copy of your driving record for the past 10 years from the DMV. If it does not appear I would not bother reporting it.
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I would go this route, if you want to be a professional pilot one day then also order a background check on yourself.
 
robin ardoin said:
Get a copy of your driving record for the past 10 years from the DMV. If it does not appear I would not bother reporting it.
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Again, if he was charged with what I think he was charged, it was a misdemeanor and will show on CRIMINAL background checks.
 
flyingron said:
Again, if he was charged with what I think he was charged, it was a misdemeanor and will show on CRIMINAL background checks.
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Yeah, since he's anonymous, it may help if he gave us basic details. I have an idea or two as well.
 
OTOH, this is the FAA. Better to report it and deal w/ the consequences now rather than they discover it later after you may have spent a ton of time / money and they possibly take drastic action thinking you were trying to cheat the system.

*This advice given from my comfortable chair w/o actually having to make this decision.
 
It's going to depend on the state. For example, in NC, it's a 3 point moving violation. But you aren't required to report an accident unless there's $1000 damage to someone else.

I agree - you need to determine where you stand in your state.
 
OP here. Yes, this was in Georgia.

Since the first post, I've gotten my Georgia driving records. It shows on my lifetime record, but not on the 7 year records. I'm working on getting my national records now.

I also did a background check on myself in Georgia and it doesn't show (I have no criminal record at all). I would think that means this is a traffic issue only and not a criminal issue. Thoughts?

Other information I learned when talking to a cop while getting my background check that's interesting/relevant. EVERY traffic ticket in Georgia is a misdemeanor. Speeding, slow rolling a stop sign, failure to signal, etc. are all misdemeanors. He said that typically if you aren't arrested and fingerprinted it will not show up on your criminal record. I was neither arrested nor fingerprinted in my situation.

Let me know if anyone has anymore questions.
 
The cop was right. All traffic violations are technically misdemeanors in Georgia.

It's on your own conscience whether you should lie on your medical. The penalties are high if you get caught. A traffic violation (not alcohol or drug related) is a yawner as far as certification goes.
 
guest user said:
OTOH, this is the FAA. Better to report it and deal w/ the consequences now rather than they discover it later after you may have spent a ton of time / money and they possibly take drastic action thinking you were trying to cheat the system.

*This advice given from my comfortable chair w/o actually having to make this decision.
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Way wrong answer.
 
The answer to this question seems to be answered quite explicitly in the Medxpress instructions.
 
I have a [nontraffic] misdemeanor which predates my first medical by a year or two. It was [tersly] reported on my initial Class 3 and has been subsequently reported on each medical since along with PRNC onto what is now a Class 1. It was a nothing-burger with not even a question back at me.
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I suspect all misdemeanors are not created equally. lol
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None of my many speeding tickets from my crazy youth are reported as to the best of my recollection those were neither misdemeanors nor felonies. [And my driver licenses were never suspended as a result of such.] I am not interested enough to run a background check on myself to find out if my memory is correct or not.
 
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Mongoose Aviator said:
None of my many speeding tickets from my crazy youth are reported as to the best of my recollection those were neither misdemeanors nor felonies.
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It doesn't matter. In my state, like many others, speeding, like most other traffic offenses, is a class c misdemeanor. I don't report any of my traffic offenses because the instructions explicitly tell me not to. Only certain traffic offenses are reportable, even if they are misdemeanors.
 
The real question here is whether the "failure to report an accident" is considered a traffic violation and I don't think anyone here knows the answer 100%

18v asks about convictions related to DUI or suspensions. Does not apply.
18u asks about non-traffic misdemeanors. It is a misdemeanor, but is a failure to report an accident a traffic violation?

In the Georgia law, it's under Title 40, which is "Motor Vehicles and Traffic" and the type is "major traffic violation". Non lawyer speaking, it's a traffic violation. Worth the $50 or whatever to have a lawyer verify. If $50 is a deal breaker, gardening can be a really inexpensive hobby.
 
bflynn said:
The real question here is whether the "failure to report an accident" is considered a traffic violation and I don't think anyone here knows the answer 100%

18v asks about convictions related to DUI or suspensions. Does not apply.
18u asks about non-traffic misdemeanors. It is a misdemeanor, but is a failure to report an accident a traffic violation?

In the Georgia law, it's under Title 40, which is "Motor Vehicles and Traffic" and the type is "major traffic violation". Non lawyer speaking, it's a traffic violation. Worth the $50 or whatever to have a lawyer verify. If $50 is a deal breaker, gardening can be a really inexpensive hobby.
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I understand that people often want things to be more complicated than they are, but if you need a lawyer to tell you if a "major traffic violation" is a traffic offense, I really don't know what to say.

[Individual traffic arrests and/or convictions are not required to be reported if they did not involve: alcohol or a drug; suspension, revocation, cancellation, or denial of driving privileges; or attendance at an educational or rehabilitation program.]

The FAA wants you to report traffic arrests and convictions that result in license suspensions or rehab because they may be intoxication-related offenses that got reduced to something else, or otherwise have medical implications, unlike failing to report an accident.
 
But you have to be certain it's extraneous. Otherwise they have made class 4 felony "stick". Rare, but it ruins your life.
Anonymous123 needs an attorney's advice. One from his state. He needs GOOD advice. It's only about a change in career, after all.

For example, in some states, "leavilng the scene of an accident" and "not rendering assistance" is indeed a misdemeanor. Or, can be a felony.
 
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bbchien said:
But you have to be certain it's extraneous.
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The instructions tell you it's extraneous.

bbchien said:
Otherwise they have made class 4 felony "stick". Rare, but it ruins your life.
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Traffic or non-traffic?

bbchien said:
Anonymous123 needs an attorney's advice. One from his state. He needs GOOD advice. It's only about a change in career, after all.

For example, in some states, "leavilng the scene of an accident" and "not rendering assistance" is indeed a misdemeanor. Or, can be a felony.
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Misdemeanor or felony doesn't matter.

Speeding in Illinois can be a misdemeanor. In Texas, it always is. Do you tell your applicants to report speeding? I hope not unless it results in action against their driving privileges, because the Medxpress instructions say not to.

The question is whether it's a traffic offense. If it is, then it's only reportable if it involved "alcohol or a drug; suspension, revocation, cancellation, or denial of driving privileges; or attendance at an educational or rehabilitation program."
 
As always, like any audit:

Read the questions carefully.

Answer the questions honestly.

Then shut up. A lot of difficulty can be invited into your life by answering a question not asked. They are not shy about asking questions.

John
 
bbchien said:
But you have to be certain it's extraneous. Otherwise they have made class 4 felony "stick". Rare, but it ruins your life.
Anonymous123 needs an attorney's advice. One from his state. He needs GOOD advice. It's only about a change in career, after all.

For example, in some states, "leavilng the scene of an accident" and "not rendering assistance" is indeed a misdemeanor. Or, can be a felony.
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In Georgia it’s a misdemeanor. Almost every traffic ticket is a misdemeanor. That may be why question 18u asks for non traffic misdemeanors.

kevinfisherlegal.com

Duty to Report Accident in Georgia | Kevin R. Fisher

If you are in an accident resulting in injury, death, or damage, you must report it. Failure can result in criminal charges. Questions? Call 404-403-2665.
kevinfisherlegal.com

It’s worth the money to ask a lawyer rather than be wondering all the time.
 
Lindberg said:
Yep. People have wasted a lot of time and energy justifying themselves to the FAA after providing extraneous information on medical applications.
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And people have had the FAA ruin their careers because the FAA later felt they didn't provide enough information.

I second (or 10th at this point) getting an actual lawyer's advice on this.

In the absence of a lawyer I would include it. If it is extraneous, they'll just roll their eyes at the idiot putting in extraneous information and process it as normal. OTOH, if it relevant, then they record is and all is still good with the world. Either way, nothing further to worry about.
 
guest user said:
And people have had the FAA ruin their careers because the FAA later felt they didn't provide enough information.

I second (or 10th at this point) getting an actual lawyer's advice on this.

In the absence of a lawyer I would include it. If it is extraneous, they'll just roll their eyes at the idiot putting in extraneous information and process it as normal. OTOH, if it relevant, then they record is and all is still good with the world. Either way, nothing further to worry about.
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What do you believe is ambiguous about the medxpress instructions in this case?
 
Lindberg said:
What do you believe is ambiguous about the medxpress instructions in this case?
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Whether or not the "crime" is absolutely a traffic violation. It doesn't involve driving, it involved a failure to report. 95% it is. 5%, you have to deal with a lot of headache that could be avoided.

Do you feel lucky?
 
Lindberg said:
What do you believe is ambiguous about the medxpress instructions in this case?
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And why do you believe it has to do with what I believe?

It has to do w/ what the FAA believes.
 
guest user said:
And why do you believe it has to do with what I believe?

It has to do w/ what the FAA believes.
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The FAA wrote the instructions, which seem clear as day to me .But you seem to think there's something confusing about them. Why do you think the FAA didn't mean what it said?
 
Lindberg said:
The FAA wrote the instructions, which seem clear as day to me .But you seem to think there's something confusing about them. Why do you think the FAA didn't mean what it said?
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I appreciate you telling me what you think it seems to you. However, at the risk of being rude, that really doesn't matter.

The reasons that this is contentious is because of the question of how does the FAA see the violation of "Failure to Report an Accident". If you cannot see how that might not be considered a traffic offense by the FAA, but rather something else, then not sure what to tell you. Would it be? Probably. But IS it? I dunno. That is why I would either go to an attorney for advice or just report it.

------

OP let us know how it turns out, either way you go with it.
 
guest user said:
The reasons that this is contentious is because of the question of how does the FAA see the violation of "Failure to Report an Accident". If you cannot see how that might not be considered a traffic offense by the FAA, but rather something else, then not sure what to tell you. Would it be? Probably. But IS it? I dunno. That is why I would either go to an attorney for advice or just report it.
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No, I cannot see how an offense listed in the "Motor Vehicles and Traffic" code and classified as a "Major Traffic Violation" with respect to CDL holders and that takes place while driving a vehicle would not be considered a traffic offense. And you've provided no reasoning that would support such a conclusion. You've just suggested that a pilot should report something he doesn't have to and trust his luck on how the FAA deals with it. I sincerely hope you don't follow your own advice and he doesn't either. This board has many stories of pilots who wound up in FAA medical hell because they reported things they weren't required to report. So yours is certainly not the "safest thing to do."

Of course, my advice is also worth what you paid for it, although I've provided my reasoning backed up with what the FAA actually says on the subject. And I've got post-graduate training in reading comprehension, not that it should make a difference.
 
I love this board. Everyone is an attorney. Everyone is a doc.
Everyone is an expert. Particulary the most strident ones......sigh.
 
bbchien said:
I love this board. Everyone is an attorney. Everyone is a doc.
Everyone is an expert. Particulary the most strident ones......sigh.
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