The FAA’s Irrational Application of a Rule

A little about my Vertical column and the responses to it.

If you’re a helicopter pilot, you’re likely familiar with Vertical Magazine. Simply put, it’s the premiere helicopter pilot/operator publication, with great articles and amazing photography. It not only informs those of us in the helicopter industry, but it keeps us enthusiastic about being part of what’s admittedly a rather elite club.

Vertical MagazineIf you read the June/July issue (download here as a pdf), you may have seen page 10’s Talking Point column. And if you know this blog, you probably realized that the Maria Langer who wrote that month’s column is the same Maria Langer who has been blogging here since 2003. Yeah: me.

I haven’t blogged about this yet because, frankly, I still can’t believe it happened.

While I wasn’t paying attention, the FAA issued FAR Part 135.160, which requires Part 135 on demand charter operators like me to install a radio altimeter. The rule has a loophole, which my Primary Operations Inspector (POI) at the Flight Standards District Office (FSDO) told me about: a waiver was available for helicopters less than 2,950 pounds max gross weight. My R44 has a max gross weight of 2,500 pounds and is VFR-only. Surely I’d get the waiver.

I didn’t.

What’s the Big Deal?

If you’re not familiar with what a radio altimeter is, you likely don’t understand how incredibly idiotic it is to require one in an R44. Here’s the deal. A radio altimeter — which is also sometimes called a radar altimeter — uses radio waves to measure the exact height of an aircraft over the ground. It then sends this data to a readout on the aircraft’s instrument panel so the pilot has this information handy.

Of course, a Robinson R44, which is what I fly, is a VFR-only aircraft. That means it’s only legal to fly in VFR (visual flight rules) conditions. That means you can see out the aircraft window. And that’s what Robinson pilots — all VFR pilots, for that matter — do when they want to know how high off the ground they are. They look. After all, they’re supposed to be looking outside anyway.

So for the FAA to require this kind of instrument on an aircraft that’s never going to need one makes absolutely no sense whatsoever.

Being the gadget person I am, I might not mind having a new toy in the cockpit. The trouble is, my cockpit’s panel must be modified to accommodate it, thus reducing my forward visibility, and the damn thing is going to cost me $14,500 to buy and have installed. And the helicopter will be offline for about a week while the mechanic tears it apart and drills holes in the fuselage to put it in.

There’s more to the story, but it’s mostly covered in the Vertical column. Go read it now; it’s on page 10. It’s short — they wouldn’t let me have more than 1,000 words. (I know; I gave them 1,200 and they cut 200 out.) See if you can read my frustration between the lines.

Responses

I got a number of responses to the column.

credits
This is kind of cool: they listed me as a contributing editor in that issue’s masthead.

The very first was from my friend Mike in Florida. He sent me an email message that included the Contributing Editor list you see here and a link to the article with his congratulations. Mike has also written for Vertical; he has a ton of experience and great writing skills.

A handful of other folks I knew texted or emailed me that they’d seen it. That was gratifying. I really do like writing for publication and should make a conscious effort to do it more often.

Then, the other day, about two weeks after it was first published, I got a call from someone at Helicopter Association International (HAI). HAI is a professional organization for helicopter pilots and operators. I used to be a member. It cost $600 a year and the only thing I got from them was a wooden membership plaque and a lot of paper. Safety posters, manuals, letters, newsletters, magazines. All kinds of crap to add to the clutter that had already taken over my life. When I dropped my membership after two or three years, they called to find out why. I told them they did nothing for small operators like me. They promised to change and conned me into joining for another year. Nothing changed. I was throwing my money away. I dropped my membership for good.

The HAI guy who called started by asking why I hadn’t come to HAI with the radio altimeter issue. After all, part of their member benefits was to be the voice of helicopter operators in Washington DC. Wrong question. I told him I wasn’t a member and then explained, in many, many words, why I’d quit. Then we talked a bit about the radio altimeter issue. He said he’d been working on it for a few days and he certainly did know a lot about it. He said that he wasn’t sure, but thought that HAI, which had been involved in the rulemaking comment process, had assumed it would only apply to medical helicopters. He said I shouldn’t get my hopes up but he and HAI were going to work on it. He wanted to stay in touch. Whatever. I gave him my email address.

When I hung up, I wondered why they were trying to close the barn door after the horse had already gotten out. After all, the FAA was not going to change the rule, especially after so many operators had already gone to such great expense to meet the requirement. HAI had dropped the ball for its small operators yet again. At least I hadn’t paid them to do it on my behalf.

The most recent response came just today and it prompted me to write this blog post. It was an email from a Facebook friend. I actually got two versions of it; I think this is the one he sent first which he apparently thought he lost:

Hey Maria
My name is Scott ##### and I took a $40 ride with you at the 2006 Goodyear Airshow out to PIR and back.
In 2007 I started flight training. We’re “friends” on Facebook and I always enjoy your posts and writings on your blog.
I just finished reading your article in Vertical magazine and couldn’t resist contacting you with my comments.
What a horrible situation for you. I’m severely confused as to why a Federal, as in a single national government agency, interprets the rules differently at each FSDO. It should be the same across the United States! How frustrating I’m sure this is for you.
This industry is tough enough as it is and for a single pilot, single aircraft operator, you’ve been extremely successful. Now this?
At least you got the temporary A160 but you shouldn’t have to have the radar altimeter installed at all! To me it’s very cut and dry: 135.160 does not apply to VFR aircraft weighing less than 2,950 pounds! Where’s the Misinterpretation?
I guess you can’t just cancel your installation appointment at Quantum in December, but hopefully you can get around paying for equipment you’ll never use.
Good luck to you Maria.

First, I have to say how gratifying it is to have been instrumental in a person deciding to learn how to fly helicopters. Wow. Just wow.

Second, it’s cut and dry to me, too! And most of the folks I spoke to that don’t happen to work at the FAA. And there’s nothing I’d like more than to cancel my December appointment with Quantum to get the radio altimeter installed.

But I wrote him a more informative response and I thought I’d share it here. It says a few things I couldn’t say in Vertical. (Or maybe they were in the 200 words that had to be left on the cutting room floor.)

Hi, Scott. Thanks for writing.

Unfortunately, every word of my Vertical piece is true. The FAA will NOT give me the waiver. They don’t care that my helicopter is small or VFR-only or or that the panel is full or that the rule was written in such a way to exclude R44s like mine. They do not operate logically. I worked with AOPA and an aviation attorney. I got my Congressman and one of my Senators involved. I had an email correspondence going with THREE men with the FAA in Washington who are responsible for making the rule. My lawyer spoke to people in Washington, too. They won’t budge. In fact, they told my lawyer that they’re going to rewrite the guidance so R44 helicopters can’t be excluded.

Problem is, medical helicopters crashed and people made noise at the FAA. The FAA needed a fix to turn down the heat. Radio altimeter makers promised a solution that would work and lobbied hard for it. They’re all over the comments for the regulation proposal. And since they have more time and money to throw at it, they won. The FAA bought into their Band Aid — or at least made us buy into it — whether it can help us or not. They didn’t seem to care that the real fix was better pilot training, less pressure on pilots to fly in IMC conditions, and a company culture that values safety over profits.

Understand this: the FAA doesn’t care about small operators or even pilots. They exist to regulate and ensure safety — or at least the illusion of safety. Your best chance of having a successful aviation career is to stay off their radar.

I pissed off a lot of people with my radio altimeter fight and I suspect they gave me the temporary waiver just to shut me up. I got a call from HAI the other day and they say they’re going to follow up. Too little, too late. But at least someone else will be making noise since I, like my fellow Part 135 Robinson owners, have given up.

I’m nearing the end of my career. I figure I have about 10 years left as a pilot. So I don’t mind throwing myself under the bus in an effort to seek fairness and logic. I don’t recommend you doing the same.

Unless HAI or someone else is successful in talking reason into the FAA on this matter, I’ll be plunking down $14,500 in December to have this useless instrument installed. And then I’ll pull the circuit breaker and let the panel stay dark so it doesn’t distract me from what’s outside the cockpit — which is where every VFR pilot should be looking.

And life will go on.

I’m fortunate in that even though it will take YEARS for me to earn that money back with Part 135 work, my cherry drying and frost work puts enough money in the bank to make the expenditure possible. Without that, I’d likely have to cease charter operations and possibly close up shop. I suspect others have found themselves in that situation. So much for government helping small businesses.

Thanks for your concern. Best wishes with your endeavors.

Maria

And that’s about all I have to say on the matter.

The Credit Card I Never Asked For

A scam from Netspend.

Today, I received a credit card in the mail. Trouble is, I never asked for the credit card. I have enough credit cards and I certainly don’t want another one.

NetspendIt was a Small Business prepaid MasterCard from Netspend, a company I had never heard of. The accompanying paperwork told me about the related fees for use but not much else.

I called the number on the card to ask what it was all about. I was prompted for a card number, my social security number — which I, of course, did not enter — and my date of birth — which I purposely entered incorrectly. I was then prompted to agree with terms of service by pressing 1. There was no person. Just a machine taking down whatever I entered.

I tried pressing 0 and various keys. The system eventually hung up on me.

I tried calling another number on the Netspend website. It threw me into the same automated queue.

I tried again, this time using the option that the card had been lost or stolen. A prompt warned me that that option was only for lost or stolen cards. I stuck with it. When prompted for my social security number again, I entered all zeros.

Eventually I got a real person on the phone. I asked her what the card was all about and she told me I’d accepted a mail offer. I told her I hadn’t and that I wouldn’t have. I told her I didn’t want the card and that I wanted it all record of it removed from my name, including from my credit report. She apologized for the “inconvenience.” I told her that it wasn’t an inconvenience. It was an invasion of my privacy. I told her that if I saw the card on my credit report when I checked it next month, Netspend would hear from my lawyer.

And then I hung up on her before she could do any more explaining or apologizing.

Is this a scam? Sure seems like it to me. Hand out a credit card, use a toll-free number to gather social security number and date of birth information. Even if it is legit, it’s an unwanted hit to a person’s credit report, possibly damaging to a credit score. And what if someone had intercepted it on its way to my mailbox? Would I be on the hook for someone else’s transactions?

Is this an indication that I’m an identity theft victim? Should I be calling the credit services now? Are there other cards with my name on them in the hands of other people?

Or am I just being paranoid?

These days, you never know — until it’s too late.

It Takes Money to Make Money

A simple fact too many folks don’t seem to understand.

The other day, I was at a social gathering with a bunch of friends and neighbors. Conversation turned to a good friend of mine with a very large, underutilized garage. I mentioned that during the winter, he rents out storage space for the season to people with boats, RVs, and other vehicles not likely to be used in the winter. This brings in some extra cash for his winter travels to the south.

“What a great idea!” one of my neighbors said. She turned to another member of the group. “See? There are all kinds of ways people can make money. I don’t see why we should be paying for them.”

I could tell that she’d used my story to continue a conversation she’d had earlier with other people in the group. But she was missing an important point.

“It’s all about assets,” I said. I told the group about how I’m currently being paid to have my helicopter parked in a snug hangar in California in case it’s needed. Yes, I’m bringing in cash without seeming to do anything. But the asset that’s making that possible has cost me more than a half million dollars in the past 13 years to buy, maintain, overhaul, and insure. It’s not as if I’m getting money for nothing.

MoneyThe same goes for my friend. If he didn’t have that big garage, could he rent out space to boat owners? No. What did it cost him to build that garage? Maintain it? Insure it? All that costs money.

The sharing economy has given us all kinds of ways to bring in a little cash on the side. It’s no secret that before I sold my big fifth wheel, I parked on my driveway and rented it out on AirBnB for $89/night with a two-night minimum. I had people in it nearly every weekend that summer. But could I have done that if I didn’t have the fifth wheel? Or acreage with an amazing view and a full RV hookup? What did it cost me to buy the fifth wheel and land? And set up the power, sewer, and water hookups? All that costs money.

And then there’s Uber and Lyft, two ride-sharing companies. Yes, you can drive people around and get paid for it. But to do that, you need a car that meets certain requirements for age and style and that car has to be insured. All that costs money.

The conversation didn’t go this far. It moved on to other things before I could make this point. It didn’t matter. I like my neighbors, even though I think some of them are politically misguided, and didn’t want to ruin the evening with a possibly heated debate. We’re among the fortunate Americans. Neither rich nor poor, we are homeowners on the downhill slope of life, able to take care of all of our needs with a little left over for extras. Life’s not easy, but it certainly isn’t hard.

Yet some of us understand what it’s like for the people who struggle to get by. We empathize, possibly because we’ve been in their shoes in the past. We don’t expect them to produce money out of thin air with creative use of assets they couldn’t possibly afford when they’re having enough trouble putting a roof over their head and food on the table. We don’t mind paying a little extra in our taxes to help them with social services programs or, even more importantly, to fully fund our school systems to help their kids get a path out of poverty through education.

But it’s the mindset of my friend — the complete lack of understanding of how difficult it can be for certain people to earn a decent living — that bothers me. It’s an almost “let them eat cake” moment. And sadly, it’s shared by far too many Americans these days.

What a Difference a Bank Makes

Service I can count on.

After too many years banking with Bank of America and, before that, Wells Fargo, I finally moved my personal and business banking to a small, local bank in the small city near where I live. The difference is amazing.

I should start off by saying that when I opened my bank accounts at Bank of America in Wickenburg, Arizona, I got incredible personalized service from one of the bank officers, Mary. I’m not sure if it’s because of the number of accounts my wasband and I opened or some of the balances I maintained, but I like to think it was just the local branch’s way of doing business. Whenever I went into the bank — which wasn’t very often — I was greeted by name by the banker I worked with most often. If she wasn’t busy, we often chatted. When I needed something — for example, an increase on my home-equity line of credit —  she handled it immediately at her desk with a minimum amount of effort on my part. Banking was easy and that’s why I stuck with Bank of America for as long as I did.

But things change. 

When the economy tanked in 2008, banking with Bank of America changed too. The first thing they did was try to recall the home-equity line of credit that my wasband and I often depended on to meet shortfalls in income — me, because of the nature of my quarterly royalty payments (my only source of income at the time), and him, because of his periodic inability to hold down a job. I went to the bank to talk to my usual banker and she told me that her hands were tied. Instead of working with her, I was forced to work with the loan department people in the corporate office, providing them with documents to prove the amount of equity we had in our almost paid-for house. It was extremely stressful, although it did work out satisfactorily, with a reduction in the credit line that still met our needs. At least they hadn’t closed the account. 

After that, banking at Bank of America seem to have all kinds of additional fees and requirements and the friendly atmosphere that I had enjoyed for so many years was gone. Mary left and I felt as if I no longer had a banker. The only thing that kept me banking there was the convenience of their free online banking services and iPhone app. But later, when I moved to Washington state and they closed down all of the Washington branches in my area, it became a real ordeal to make deposits during my busy summer months when I often exceeded the total amount I could deposit using the bank’s iPhone app.

Bank of America wasn’t changing so I’d have to.

I found Peoples Bank when I was out in Wenatchee searching for a specialized signature confirmation document I needed for some divorce-related paperwork. With the local Bank of America branches closed, I found myself at a loss for getting these papers signed and sent out. I had a nice conversation with the bank manager at Peoples and was impressed by the friendly atmosphere that was so similar to what I’d experienced at my local Bank of America branch in Wickenburg all those years before. 

A few months later, when I was ready to move to a new bank, I went back to Peoples. Although the bank manager I’d spoken to was gone, a customer service representative, Selene, stepped right up to help me. She’s been my banker ever since. She’s friendly and enthusiastic and although I’m not in the bank very often — I use the ATM to make deposits — she always greets me by name when I come in. I opened four accounts (two business and two personal) and love how easy it is to move money between them and pay all my bills online. Their banking app isn’t quite as good as Bank of America’s, but it’s good enough.

And now comes the reason why I’m writing this blog post today. 

Helicopter in Overhaul
After three months in the shop, Zero-Mike-Lima’s overhaul was nearly done when I visited it two weeks ago. I pick it up on Monday.

I’m in California preparing for my seasonal frost control job in the Sacramento area. I moved my truck and camper to the airport where I’ll be based for the next two months. On Monday, I fly back to Phoenix to pick up my helicopter, which is just coming out of its 12 year overhaul. To pick up the helicopter, I needed to make a final payment to the maintenance shop and they wanted that payment sent to them by wire transfer.

There are no Peoples Bank branches here in California and I couldn’t imagine, at first, how I could make a wire transfer — for a significant amount of money — without filling out forms at my bank. But I called Selene and after a quick hello-how-are-you conversation, told her what I needed. She told me that because I was a good customer and that she knew me and my voice, she could handle the wire transfer for me. She would just need to do a few security checks that could be handled over the phone. She asked me to send her an email message with the information for the wire transfer, including the recipient, wire instructions, and amount. Since I had a copy of the form for the last wire transfer I had done with her to the same maintenance shop, I sent that along as well. She called me back a while later, we did the security stuff, and she did the transfer for me. The whole process took less than an hour.

Needless to say, I was very pleased.

In my opinion, there’s no substitute for banking with people that you know. For a very long time, I kept my personal savings in an online bank — ING Direct, which became Capital One 360 — account, mostly because I was able to earn very good interest there. (For a while, it was 8%!) It was always a hassle to move my money from one bank to another and that didn’t get any easier when my local bank branches simply weren’t available anymore. The days of high interest on savings are long gone, so it makes sense to keep my money together in one bank. The added benefit is having multiple accounts that help establish me as a good bank customer that, in turn, helps me get the service I need when I need it.

I guess what I’m trying to say with all this is that there’s nothing quite as pleasant or convenient as having a personal banker in a small, local bank that meets your needs.

On Being Elite

A few thoughts about the use of “elite” as some sort of slur.

The other day, I was accused by a troll on Twitter of being part of the “rich elite” because I owned a helicopter and went south for the winter.

I think I was supposed to be insulted. I wasn’t. You see, I’m not ashamed of what I am or what I do with my time and money. I earned all of my possessions and my lifestyle.

Don’t believe me? Read on.

The only things I had going for me at birth was that I was born in the United States, I was white, and I had a good brain.

My parents were not rich. In fact, when my father left us when I was about 13, my mother very nearly applied for welfare. Our financial situation qualified me for free lunch at school; every day, I’d go to the school office and retrieve a small kraft envelope with 65¢ in it — government money to pay for my cafeteria lunch. I’d spend as little as possible and save the rest. When I got home from school, I babysat my younger sister and baby brother while my mother worked as a waitress to put food — mostly hot dogs and pasta — on the table. My grandmother would bring us groceries once in a while and slip my mother a $20 bill to help out.

I started working at age 13 when I got a paper route. I delivered the Bergen Evening Record after school on weekdays and the Sunday Record before 7 AM on Sundays. There were 54 homes on my route, which I had to walk, and I netted 20¢ plus tips per week per house. In those days — the mid 1970s — 10¢ was considered a generous tip; many of the homes did not tip at all. Collection day — Wednesday — was unusually long since I had to stop at every single house to try to get paid. One Wednesday in September, which coincided with the first day of school, my mother used my collection money to pay for our school supplies because she wouldn’t have money until payday.

Our financial situation qualified me for a summer job working at the high school. With three other girls, all a year or two older than me, I scraped rust off an old chain link fence that ran between the school property and the railroad tracks. The wire brushes we used had to be replaced every few days because the bristles would fall out. The gloves they gave us did little to prevent huge blisters on our hands. When it rained, they let us into the school where we went from classroom to classroom, washing the venetian blinds. The wash water had to be changed every 30 minutes or so because the blinds had likely never been cleaned before.

My mother remarried and I won’t deny that my blue collar stepfather brought us quite a few steps up from our dismal financial situation. I got a chance to see some of the better things in life. He took us to museums and restaurants with real cloth napkins. I stayed in a hotel for the first time in my life at age 15. I was even able to accompany my grandparents on a trip to visit family in Germany. And, for the first time, I started thinking about college.

College was possible with two academic achievement scholarships, financial contributions from my parents (they each paid 1/3 of the net after scholarships were deducted from tuition), and a school loan. And work. At one point I held down three part-time jobs while handling a 15 or 18 credit load. I worked hard to maintain good grades and got a BBA with highest honors in Accounting in four years. I was the first person in my family to attend and graduate from college.

Within two weeks of graduation, I got my own apartment. I paid rent and utilities and furnished it with my own money. It was in a rough neighborhood and a few of my friends didn’t like to come visit. My mother bought me a sewing machine as a graduation gift and I used it to make about half the clothes that I wore to work, so I could look nice without spending a fortune.

I started my first job right away: an auditor with the New York City Comptrollers Office. In just two years, at the age of 22, I became the youngest person promoted to Field Audit Supervisor.  After five years with the city, I started a new job with ADP in New Jersey.  I did my time in the Audit Department before becoming a Senior Financial Analyst working on special projects directly for the CFO.

By the age of 29, I was earning more money per year than my father ever had. But that didn’t stop me from leaving my job to pursue an uncertain career that was more in line with what I wanted to do for a living: write. I built a career as a tech writer and computer trainer from the ground up. I was completely self-taught and worked without an agent. I wrote books and led hands-on computer training classes all over the country. I quickly learned that I needed to write a lot of books to make a living so that’s what I did. When I was on a book project, I’d work 10-12 hour days, 7 days a week. I wrote books and articles and eventually authored video training courses. I was very good at what I did and it paid off: within 10 years, I had two bestsellers; their periodic revisions were bestsellers, too.

By the age of 40, I was earning more money than I’d ever thought possible, but instead of pissing it away on a bigger house or fancier car, I socked money away for retirement and invested in rental properties: a condo, a house, a small apartment building. And between book projects, I learned how to fly helicopters.

And yes, I did buy a helicopter. Why not? It was my money that I had earned through my efforts. I had covered all my other financial responsibilities and set aside enough money for my future. Why shouldn’t I invest in something that would make me happy?

I flew as often as I could and started a helicopter business to help bring in some extra revenue to cover costs. I managed the fuel concession at the local airport. I became an aeronautical chart dealer and ran a small pilot shop. I worked for a season as a pilot for a Grand Canyon tour operator. I sold that first helicopter and bought a slightly larger one. I jumped through hoops with the FAA to get required certifications for charter work. I created advertising material, maintained a website, handled social networking needs, did all the accounting, met with clients, did local and long distance flights. I networked with other pilots about other flying jobs.

All while still writing up to 10 books and dozens of articles a year for my publishers.

When tech publishing went into decline, I ramped up my flying work. I got contracts to do agricultural work in Washington state during the summer. I’d live in a trailer, working on various book projects, waiting for a call to fly, for two to three months every summer. Over the years, I built up the number of contracts I had until I couldn’t handle them all alone; then I brought in other pilots with helicopters to help me, managing work and billing for as many as four subcontactors every season.

I was 52 when the man I’d spent more than half my life with decided he needed a mommy to hold his hand while he watched TV every night more than a life partner to actually enjoy life with. He tried to take half of everything I owned in our divorce, but I fought back to keep what was rightfully mine, what I’d earned through my own efforts while he floundered, failing at one job after another. I went into the fight with a war chest of cash I’d saved while he was pissing his money away on a plane he never flew, a Mercedes he didn’t need, and a condo that was sucking him dry financially. His greed, harassment, and courtroom lies didn’t score many points with the judge and he wound up paying me and his lawyers far more than he could have spent if he’d settled for my offer. His downfall is a great example of someone getting what he deserves.

I’ve spent the last four and a half years rebuilding my life in a new place, working hard to build my flying business, expanding into other work in California and now possibly Arizona. I don’t write much anymore, but I make a good living with the helicopter the Twitter troll I mentioned at the top of this piece criticized. I’ve learned how to take my skills and assets and turn them into money. And unlike so many other people, I live within my means. Yes, I go south for the winter, but it’s not as if I’m living it up in some fancy condo or hotel. I’m roughing it in an RV often parked out in the desert. 

It's Mine
Just about everything I own was bought and paid for with money that I earned through my efforts. Why shouldn’t I be proud of that?

I worked hard and smart and I succeeded. Is there any reason I should be ashamed of that?

So yeah, if making a good living and owning a helicopter and wintering in the south makes me part of the “rich elite,” I’m okay with that. I earned it.

And to the people who troll me with their jealousy-driven comments: What’s your excuse for being a loser?