Letter of Investigation
 

Debating with someone about this and I can't seem to get a straight answer. What is a Letter of Investigation? How long does it stay on your record? Will it be reported to airlines when you apply? I have been told that it is just for the FAA's eyes only and it will not appear on the PRIA or your record.

Is a letter of investigation the same as a letter of caution or letter of warning?

A letter of investigation (LOI) is the first step the FAA takes to investigate a possible alleged violation of FAR. An airman is not required to respond to the LOI. It is just a letter that invites the airman to "talk to the FAA". Now would be the time to "lawyer up" upon receipt of an LOI. The LOI is not a finding of violation, nor is it a warning letter etc. In order for the FAA to complete the investigation, they try to gather as much factual information as possible. This includes obtaining ATC data, witness statements etc. An LOI does not go on someone's "record". The following are some possible outcomes of an FAA investigation that would go on a pilot's record:

No action
Administrative Action -Warning Letter -2 yrs on record
Formal Action - Suspension of certificate or Civil Penalty (monetary fine)

Ok thanks! Here is what we were told by a union rep. Pilot submitted an ASAP. The ERC committee met to review the ASAP and the only action taken on the pilot was a LOI to be placed in his record for 2 years. Nothing else. No warning letter or anything. Just a LOI. Pilot has not received anything from the FAA but was told by the union it would be in his file for 2 years for the FAA's eyes only. I assume the pilot is off the hook since no formal action was taken or warning letter issued. And on an airline application, when they ask if any action has been taken against you by the FAA, you would answer no. Right?

Is this LOI a company, ASAP committee, or FAA document?

Either way, it should not count as a discipline, it only documents an investigation.

Kind of like an arrest is not a conviction.

dashtrash300 -

Here is a link to the latest issue of FAA Safety Briefing.
If you open up the .PDF and look at the 12th bookmark, it is an article on
'Ten Days - How the FAA handles LOIs'

I don't know if it will answer the specific question you have about reporting such a thing (I think you have had good advice on that already), but it is an interesting read.

http://www.faa.gov/news/safety_brief...JanFeb2011.pdf

USMCFLYR

If it was done under an ASAP program and the letter is staying "in his file" for 2 years, are you sure it wasn't a letter of correction? Because as was mentioned, the LOI is simply a formal notice saying that you are under investigation, nothing more.

Bear in mind, if/when said pilot applies for other jobs, there is ALWAYS the question of "Are you currently under investigation by the FAA?", which is always followed by "Have you EVER been under investigation by the FAA?"

So either way, it's best to tell them the truth, even if nothing ever came of it.

I got an LOI/Warning letter when I was an instructor. Yeah, it was a long time ago an it's "off my record", but I ALWAYS check yes to the latter. Half the interviews I've been to it didn't even come up, the other half it simply made for a good TMAAT situation.

That was exactly my thought. If it is truly just an FAA Letter of Investigation, it means nothing from an enforcement or administrative action standpoint other that advising the recipient that he, she or it is under investigation for a possible violation.

There are three potential results after there has been a LOI - (1) notification that there has been no violation; (2) administrative action (warning letter or letter of correction); (3) enforcement action (notice of proposed certificate action or civil penalty).

But the letter of investigation itself is none of those.

A LOI is sent to the pilot to advise him that the FAA has started an inquiry into a specific matter. An LOI, by definition, can never be "For FAA eyes only." There are documents that fit that bill, but they go by different names and each has a specific function.

DT300 asks if it is reported to the airlines by the FAA. It is not. But, if asked about any pending or past LOIs on an application or during the interview process, smart money would not only be open and honest about it but also have a copy of the LOI. If you are cleared as a result of the inquiry, you should also have a copy of the termination letter to put in the file. Too much information is rarely a show-stopper. Too little information or a deliberate attempt to mask things is never a good idea.

A FOIA request might turn up an LOI. Not sure if any airlines are going that far yet.

LOI's do not exist under ASAP. He probably got a Letter of No Action, Correction, or Warning. These letters, if issues under ASAP will not show up on a PRIA records request and are never public. After 24 months, they are expunged and no record of them exists within the FAA system.