Legal Interpretations
Bleadon 2008
Summary
The Question
May a designated pilot examiner for light-sport aircraft use designee identification to present himself as representing the FAA, such as when telling people they are violating regulations?
Background
A designated pilot examiner for light-sport aircraft, whose letter the FAA answered at a congressman's request, said two FAA inspectors told him he did not represent the FAA; he had used his designee identification to tell people of violations he witnessed.
The FAA’s Interpretation
No. Designated examiners, appointed under 49 U.S.C. 44702 and 14 CFR 183.23, are not FAA employees and may not represent themselves as such. They may perform only the tasks described in 14 CFR 183.23 as individually authorized, have no real or perceived enforcement authority, and may identify themselves as designees only for the limited purposes in their individual letter of authorization.
- Requester
- Bleadon
- Issued
- November 18, 2008
- Subject
- General
Regulations Cited
- 14 CFR 183.23
Page 1
U.S. Department
of Transportation
Federal Aviation
Administration
NOV 1 8 2008
Robert Bleadon
4334 Deer Creek Road
Selma, OR 97538-9709
Dear Mr. Bleadon:
Office of the Chief Counsel 800 Independence Ave., S.W.
Washington. D.C. 20591
Congressman Peter Defazio asked that the Federal Aviation Administration (FAA) respond to your letter of October 16 regarding your role as a Designated Pilot Examiner for light sport aircraft. Your Jetter states that two FAA inspectors told you that you did not represent the FAA and that you could not use your designation card to identify yourself as an FAA representative. You also indicated that you have witnessed violations of the Federal Aviation Regulations and sought to inform persons violating the regulations of their actions by identifying yourself using your designee identification. The FAA designates examiners under the authority of Title 49 of the United States Code, § 44702. That authority is implemented through Title 14 of the Code of Federal Regulations, § 183.23. Designated examiners are not employees of the FAA and may not represent themselves in that capacity.
As indicated in FAA Order 8710.7, the Sport Pilot Examiner's Handbook, such an examiner is a designated representative of the Administrator who is authorized by statute and regulation to perform only the tasks described in § 183.23. A representative is limited to those actions described in the regulation and as individually authorized, including relevant handbooks and agency orders. Designees do not have any authority to act in any other capacity for the agency. Designees have no real or perceived enforcement authority, and may identify themselves as designees only for the limited purposes described in the individual letter of authorization issued by the FAA.
The entire order can be accessed on line at
http://rgl.faa.gov/Regulatory_and_ Guidance_Library/rgOrders.nsf/I ist/87 10.7
Page 2
We trust that this explanation responds to your inquiry. If you have any questions, please contact my staff at 202-267-3073. This response was prepared by Karen Petronis, Senior Attorney for Regulations in the Office of the Chief Counsel, and coordinated with the Sport Aviation Branch of the Flight Standards Service.
Sincerely,
/~~~:v~
Rebecca B. Ma~~erson
Assistant Chief Counsel for Regulations, AGC-200
Cc; Congressman Peter DeFazio
Snapshot retrieved August 6, 2026.