It’s gusty, the runway is icy, and you come hauling over the threshold in your high-performance taildragger carrying a touch more speed than usual. You touch down left of centerline, get a bit too aggressive on the brakes, and before you know it the airplane is in the weeds and headed right for the chain-link fence. That stomach-churning thud was a runway light that got tangled up in the mains.
Well, these things happen and that’s why you buy expensive insurance. There’s also a good chance the local FSDO might want to fly with you to observe your piloting skills, otherwise known as the dreaded FAA 709 ride. Don’t panic, but do prepare and understand your rights and responsibilities. Here’s a summary.
It’s Their Authority
Accident or not, the FAA has authority via federal statute, 49 U.S.C. 44709(a), to conduct a 709 checkride. It states in part that the FAA may at any time reexamine an airman holding a certificate if it questions the certificate holder’s competence. In our example of running into the tullies after ground-looping and damaging a taildragger, an FAA 709 ride is fair game. So is landing after forgetting to lower the landing gear.
How do you know if the feds are planning to fly shotgun with you? In most all cases you’ll get a certified letter in the mailbox demanding that you take a checkride with an FAA inspector, usually within 15 days. If you ignore the FAA (or tell them to pound sand as one local pilot once did), you can plan on having your certificate and ratings revoked. But we’ve also heard of FAA leniency in accommodating pilot requests to postpone the 709 ride based on schedule and preparation. In fact, because the FAA required a pilot to demonstrate his skills in a taildragger, it took nearly six months for the pilot to find another taildragger to fly for the checkride while his plane was being repaired. Of course, if the wreck was enough for you to walk away from flying and take up boating instead, you can surrender your certificate. Talk to an aviation lawyer if this is your plan—there’s a right way to do this.
What Are They Testing?
In general, the 709 ride will be used to assess the pilot’s skills based on the issue(s) that triggered the attention in the first place. Since the majority of mishaps happen during takeoff or landing (including forgetting to put the gear down), you can expect to be evaluated on these areas, although the inspector has the right to hold you to the standards for which you are rated. Still, if you don’t agree with the items that the inspector wants to evaluate (maybe you landed with the gear up and the inspector wants you demonstrate a missed instrument approach), you have the right to object and cancel (postpone) the ride. Discuss this ahead of time so there are no surprises. In fact, we suggest consulting with an aviation attorney beforehand.
Don’t be afraid to ask the examiner how much experience he has in the aircraft type you’ll be tested in. And, ask if there are any specific skills you should be prepared to demonstrate. Be courteous. Our advice is to have an open discussion and show that you want to learn from the situation so it doesn’t happen again. Some of these checkrides are so simple they’re done in a matter of minutes. “I have no good excuse for forgetting to put the wheels down before scraping my twin on the pavement, and after a year of shop downtime to get it fixed and now paying higher insurance premiums, you can bet I’ll never make that mistake again. I made that very clear to the inspector,” one owner told us. On the day of the 709 ride, the inspector strapped in, they took off, flew one circuit around the traffic pattern, landed, and the inspector shook his hand, apologized for his troubles, and told him he had a beautiful airplane.
What If You Flunk?
That happens, too. In this case, the inspector is required to debrief with the pilot and outline the areas that didn’t meet the standards. You have the right to take another checkride after completing some dual instruction, and we think you should demand the checkride is done with another inspector. On the other hand, we’ve spoken with FAA inspectors who told us it’s pretty rare for pilots to flunk a 709 reexamination, partly because the pilot has already done enough dual instruction and quite frankly does everything they possibly can to prove a high skill level to the inspector. “Most pilots show up for these checkrides pretty embarrassed to be there,” one seasoned FAA inspector told us. She’s quite professional, a highly skilled and experienced pilot and airplane owner, and uses the reexamination as an opportunity to make sure the pilot walks away comfortable (and is at ease during the checkride) and armed with more real-world knowledge. To that we say don’t fight it, and indeed use the experience as a learning one.
But, if you keep flunking these rides, you can probably expect to have your certificates revoked and should rethink your idea of continuing to fly. Again, the inspector will use her judgment and evaluate the pilot’s overall skills and decide whether or not the pilot’s certificates should be revoked. From what we’ve witnessed, you probably won’t win this battle if you try and fight it.
Have a Game Plan
So you bent an airplane and the FAA is going flying with you. Big deal. And it is a big deal, but save yourself some grief and have a solid plan for a favorable outcome. Again, consult with an aviation attorney or even take advantage of the AOPA Legal Services Plan. Once you get the legal advice (which should set your mind at ease that you’re doing everything right), make contact with the inspector who sent you the letter. Most of all—try and chill out. You won’t do yourself any good by getting overly worked up by the situation. But, do treat the 709 ride like any other checkride—nerves are expected. This means working with a skilled instructor who understands what happened and can work with you to help ensure you’re prepared for the 709 ride. When showing up for the reexamination be certain that the aircraft’s paperwork (and your own logbook) is in good order. Once you pass, the inspector issues an official letter of the results and you move on. End of saga.
Last, the FAA inspectors we talked with looked favorably on pilots who went out of the way to work with an instructor before the checkride. “I’ve seen pilots show up for the 709 ride without doing any dual instruction and to me, that speaks volumes about how serious the pilot takes the situation. I’ll tell you that the FAA is very fair with these checkrides, but this (and showing up with an attitude) is not the way to approach the situation,” she said.
Just completed my 709 just days before this article. Went exactly as described. One thing I can add is I went to the FAASAFETY.GOV site and took all the courses pertaining to my incident (Aeronautical Decision Making and Stabilized Approaches) which was appreciated. Also bring your maintenance logs and pilot logs when you go in. Did two landings and was done. Easy peezy.
One small point, there is a major difference between the FAA revoking a certificate and suspending a certificate. A suspension is usually for a specific time period and is returned at the end of that time, a revocation requires retaking all knowledge and practical tests and requires a new certificate be issued. Typically, the first action taken if someone fails to respond to the 709 request would be to suspend their certificate pending compliance with the 709 (which could last indefinitely).