When the FAA has reason to believe an airman’s competency is in question or an aircraft does not meet FAA standards, they can request a reexamination of an airman’s abilities or or reinspection of an aircraft under U.S. § 44709 (below), commonly referred to as a “709 Check Ride”. Depending on the outcome of this reexamination or reinspection, a legal enforcement action could ensue.
As an airman, you have options on how to respond to this request. An aviation attorney can help you weigh your options, interface with the FAA inspector/investigator and the local Flight Standards District Office (FSDO), and most importantly position you to best protect your licenses. Response times are usually included with a 709 Check Ride letter. Contact an experienced aviation attorney for a consultation. Our office number is: 815-356-8647.
49 U.S. Code § 44709. Amendments, modifications, suspensions, and revocations of certificates
(a) Reinspection and Reexamination.—
(1) In general.—The Administrator of the Federal Aviation Administration may reinspect at any time a civil aircraft, aircraft engine, propeller, appliance, design organization, production certificate holder, air navigation facility, or air agency, or reexamine an airman holding a certificate issued under section 44703 of this title.
(2) Notification of reexamination of airman.—Before taking any action to reexamine an airman under paragraph (1) the Administrator shall provide to the airman—
(A) a reasonable basis, described in detail, for requesting the reexamination; and
(B) any information gathered by the Federal Aviation Administration, that the Administrator determines is appropriate to provide, such as the scope and nature of the requested reexamination, that formed the basis for that justification.
