RPTR WAS NOT AWARE THAT A 'DRIVING UNDER THE INFLUENCE' TFC CITATION IS REPORTABLE TO THE FAA WITHIN 60 DAYS OF THE OCCURRENCE.

Narrative

HAVING BEEN INACTIVE FROM FLYING SINCE 1988; I WAS RECENTLY SHOCKED TO FIND OUT THAT I AM IN VIOLATION OF A FAR! IN APR/XX/95; I WAS STOPPED AND ARRESTED FOR SUSPICION OF OPERATING A MOTOR VEHICLE ABOVE THE LEGAL LIMIT OF ALCOHOL. NEITHER THE DEPT OF MOTOR VEHICLES NOR THE CRIMINAL JUSTICE SYS CHOSE TO PURSUE THE CASE. MY DRIVER'S LICENSE WAS THEN SHORTLY THEREAFTER RETURNED TO ME AND THE MATTER WAS CLOSED. RECENTLY I DECIDED TO 'CRACK THE BOOKS' IN PREPARATION FOR A POSSIBLE BIENNIAL FLT REVIEW. THERE THEY WERE. REGS FAR 61.15(E); (F) (REQUIRING NOTIFICATION OF MOTOR VEHICLE ADMINISTRATIVE ACTION WITHIN 60 DAYS) HAD BEEN ENACTED LONG AFTER I LAST FLEW. BECAUSE OF MY OBVIOUS AND UNDERSTANDABLE IGNORANCE OF CURRENT FARS; I FIND MYSELF NOW IN VIOLATION OF THE ABOVE REGS. WHILE IT SEEMS STRANGE THAT SOMEONE SHOULD FACE CERTIFICATE ACTION WITH THE FAA WITHOUT HAVING FLOWN AN ACFT FOR OVER 7 YRS; THIS SEEMS TO BE THE CASE. IF THE INTENT OF THOSE REGS IS TO HAVE THE FAA INFORMED OF PLTS OPERATING VEHICLES UNDER THE INFLUENCE OF ALCOHOL; I MIGHT SUGGEST THAT THE FAA ADOPT SOME SORT OF 'ESCAPE CLAUSE' FOR THOSE OF US WHO WERE UNAWARE; DUE TO INACTIVITY; OF THIS RELATIVELY NEW REG. FAR 61.15(E) MIGHT BE AMENDED TO READ SUCH AS THE FOLLOWING: (E) 'EACH PERSON HOLDING A CERTIFICATE; NOT LATER THAN 60 DAYS AFTER THE MOTOR VEHICLE ACTION; OR; IN THE CASE OF THOSE CERTIFICATE HOLDERS WHO HAVE NOT FLOWN SINCE NOV/89; 60 DAYS PRIOR TO SEEKING A MEDICAL CERTIFICATE.'