Legal Question in Administrative Law in California

I am a flight instructor for a Part 141 flight school in California. About a year ago this school trained several foreign students from India. They all passed the schools Curriculum and passed the FAA tests for their pilot licenses. After returning to India, the students found out that they need to have certain documents certified by the school about their training times and condition of the aircraft. These students are also required to perform a certain amount of re-currency training. Their re-currency does NOT have to be done at the same school. It can be done at any flight school that has the proper type of aircraft. Our school was trying to get these students to return for their re-currency but opted to go somewhere that was cheaper. Some of the school admin staff are now upset about this and are refusing to certify the students original training times.

My question... Can the school legally deny a former student a certifying document because future training (that did not have to be done with the same school) was done in a different place and is upset about it?


Asked on 12/07/09, 6:33 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

It seems that the original program was designed to qualify them to fly in India and that the documentation is part of that program. If so, then providing the certification is part of the contract with them. Also, if the school causes them problems, does the school administrators think they will recommend your program to others. With so many people using the internet now, they are likely to post a negative comment on it that will be seen by future possible students.

It is very petty behavior to withhold the certification.

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Answered on 12/12/09, 9:18 pm
Terry A. Nelson Nelson & Lawless

Legally? The reality is that anybody CAN do anything, any time they want. No, it is not a crime to refuse to do something agreed to in a contract. Yes, the legal system may provide remedies in civil court to compel compliance with a contract. To determine if they actually have such remedies available, review the contracts and documentation of the program with counsel local to the school. A complaint to FAA might be useful as well. If the school is in SoCal LA/OC area, and they are serious about pursuing consultation or legal action, feel free to contact me. I am a pilot and have done aviation law for years.

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Answered on 12/14/09, 11:50 am


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