Old enforcement records?

R

reformed

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I need to know how I should answer a question on an airplane insurance application. The question asks about incidents, accidents, and FAR violations, among other things.

Over 35 years ago when I was a stupid kid I had two FAA enforcement actions against me. One was for doing aerobatics where I wasn't supposed to and I think expired medical, for which I paid a $500 civil penalty. The other was for low flying, which resulted in a 6 month suspension. I've forgotten the details, it was a long time ago. I've been a good boy since.

It appears that starting in 1991, the FAA had a policy of expunging enforcement records after two or five years:

In 1991, the FAA adopted a policy of expunging records of certain closed legal enforcement actions against individuals, see 56 FR 55,788 (Oct. 29, 1991). This includes both airman certificate holders and non-holders, such as passengers. Among other things, the policy provides that, in general, records of legal enforcement actions involving suspension of an airman certificate or a civil penalty against an individual are maintained for five years, then expunged. Cases closed with no enforcement action are expunged within ninety days. In addition, the FAA has a policy of expunging records of administrative actions after two years that was in existence at the time of and was left unchanged by the adoption of the 1991 expunction policy.
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But:

On August 1, 2010, the Airline Safety and Federal Aviation Administration Extension Act of 2010, Public Law 111–216, 124 Stat. 2348 (2010) (“Act”), was signed into law. The Act amends the Pilot Records Improvement Act (“PRIA”) by requiring the FAA to create a pilot records database. Air carriers will use this database to perform background checks on pilots before hiring them, as required by PRIA. The database will contain various types of records, including summaries of legal enforcement actions against individuals resulting in a finding by the FAA Administrator of a violation. These records must be kept by the FAA until it receives notice that the individual is deceased...
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It appears that all records were indeed expunged, as a recent query to the FAA’s Accident, Incident and Enforcement (AIE) portal resulted in the response, "A search of the Accident/Incident Data System and Enforcement Information System on May 29, 2024, revealed no Accident/Incident or Enforcement record(s) concerning the above individual."

So it looks like I can safely answer "none" to the question? I'd hate to be denied coverage because of failure to disclose an old violation, but I also don't want to open an unnecessary can of worms where I don't even know the exact dates or details.

It's funny how the FAA expunged their own records but when it comes to the poor souls with a 30 year old DUI or drug bust, expunction means nothing.
 
Hmm, you just admitted it on an open
reformed said:
I need to know how I should answer a question on an airplane insurance application. The question asks about incidents, accidents, and FAR violations, among other things.

Over 35 years ago when I was a stupid kid I had two FAA enforcement actions against me. One was for doing aerobatics where I wasn't supposed to and I think expired medical, for which I paid a $500 civil penalty. The other was for low flying, which resulted in a 6 month suspension. I've forgotten the details, it was a long time ago. I've been a good boy since.

It appears that starting in 1991, the FAA had a policy of expunging enforcement records after two or five years:



But:



It appears that all records were indeed expunged, as a recent query to the FAA’s Accident, Incident and Enforcement (AIE) portal resulted in the response, "A search of the Accident/Incident Data System and Enforcement Information System on May 29, 2024, revealed no Accident/Incident or Enforcement record(s) concerning the above individual."

So it looks like I can safely answer "none" to the question? I'd hate to be denied coverage because of failure to disclose an old violation, but I also don't want to open an unnecessary can of worms where I don't even know the exact dates or details.

It's funny how the FAA expunged their own records but when it comes to the poor souls with a 30 year old DUI or drug bust, expunction means nothing.
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Hmm, you just admitted it on an open forum.

So, if you have a mishap and it comes up, your insurance can found null and void.

If it is that long ago, it is likely to make little impact on your rates. I would report it.
 
Without reading the fine print on the application, it’s hard to say. Generally, answering the question that’s asked is the best policy.
 
TCABM said:
Without reading the fine print on the application, it’s hard to say. Generally, answering the question that’s asked is the best policy.
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This. Some applications limit the scope of the inquiry. Others don’t.

Personally, I think the likelihood of being denied insurance by disclosing something that happened 35 years ago is pretty small.
 
I was always told in grade school that ''anything you do will end up on your permanent record, YOUR PERMANENT RECORD.!!!, and it will effect you for the rest of your life, THE REST OF YOUR LIFE.!!''
 
Perhaps answer "Yes" and then for details say "It was so long ago that I can't recall and neither can the FAA"?
 
I thought the question only applies to the last five years.
 
Zeldman said:
I was always told in grade school that ''anything you do will end up on your permanent record, YOUR PERMANENT RECORD.!!!, and it will effect you for the rest of your life, THE REST OF YOUR LIFE.!!''
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yea, but they also told me to pay attention and stop staring out the window, nobody will ever pay you to stare out the window. i sure proved them wrong!
 
FOIA yourself with the FAA. Don’t trust the standard inquiry.
 
Zeldman said:
I was always told in grade school that ''anything you do will end up on your permanent record, YOUR PERMANENT RECORD.!!!, and it will effect you for the rest of your life, THE REST OF YOUR LIFE.!!''
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yeah. And that is occasional bursitis in my left elbow as a reminder from a whack from a board by Sister Mary Prefect of Discipline.
 
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