Possible Pilot Deviation
#22
Gets Weekends Off
Joined APC: Aug 2016
Posts: 117
Re: Deviation
I stated above it is not a get out of jail card like some pilots believe. You stated, "it can be used after the judgment by the NTSB". Otherwise it is not automatic forgiveness for the event and you may still get the violation. Is this not correct? My point was that it may help and be proactive!
#23
I stated above it is not a get out of jail card like some pilots believe. You stated, "it can be used after the judgment by the NTSB". Otherwise it is not automatic forgiveness for the event and you may still get the violation. Is this not correct? My point was that it may help and be proactive!
There’s a lot of misunderstanding out there on this, so it’s good to be clear.
#24
Disinterested Third Party
Joined APC: Jun 2012
Posts: 6,281
Hello everyone! I´m a private instrument rated pilot in United States. I´m new in the aviation field, and I recently found myself 500 ft. above the floor of class B airspace without authorization. I was with my instructor practicing some commercial maneuvers. Before landing, the tower controller told me that there was a possible pilot deviation and that I needed to call a number. After landing, I called the number and the lady wrote down my name, pilot number, and phone number and told me that somebody will contact me. I called the same number next day, and they told me that they send the report to the local FSDO, and that somebody will contact me in a few days. What should I expect? What should I do? Did anybody recently have a similar experience? What did you do to solve the problem? Thank you in advance for any comment or suggestion.
Until you put yourself in that aircraft via that phone call, the FAA had no way of putting you there.
You know that thing attorneys do; tell you not to say anything until you speak to an attorney? There's a reason.
Most of the time, what the FAA has, the pilot gave them. Don't do that.
Complete the ASRS report.
JNB is correct: the ASRS does not prevent a violation; it offers you the opportunity to not serve the penalty of a violation, but the violation still stays on your record. If, for example, you're given a 90 day suspension, the FAA may not actually suspend for 90 days, but you'll still have the violation on your record.
It is not a get out of jail free card by any stretch of the imagination.
I work for the FAA. We don't see ASRS reports. They only come into play at the end of an enforcement or after an NTSB judge has rendered a decision against you, then it's kind of a "get out of jail free" card that can be used to waive the penalty of an enforcement. An enforcement means suspension, revocation, civil penalty, etc. The ASRS report has nothing to do with the investigation. We don't see them. I'd be curious to know where you got this understanding?
The FAA may not take enforcement action based on anything learned from the ASRS report. It's not sent to you, but an airman who introduced it early in the process or sends it with a response might provide it. In such a case, if submitted timely and not an intentional violation or a violation of law, the body of the report is protected and none of that information can be used as first-source for enforcement purposes. It can't be used as an admission, either.
The same is not true of the title strip, which is not protected. A pilot who identifies himself as violating a regulation as part of his title may find that the title strip of the ASRS report can be used against him. It does not enjoy the same protection or immunity, and while the ASRS doesn't send the reports to the FAA, inspectors have been known to peruse them, looking. While the FAA can't act based on the ASRS report body, revealing too much can show the inspector where to look to dig deeper, or reveal something the inspector didn't know in the first place. I have known more than a few inspectors who do this, and who are of a mind to do this...going after people for everything from a talk in church to having overheard a casual 3rd party conversation.
Hang one's hat on the new and friendlier FAA if one wants. Not wise.
JNB may not be lynching pilots, but he's an army of one. There are a lot of others out there who won't hesitate to do so.
#26
Under current guidance, as long as the airman is being cooperative, and the airman did not intentionally commit an action, how can he be "lynched" as you put it? I've been through the Compliance Action guidance and I can't find that avenue a rogue inspector could use to push an enforcement and do it successfully.
#27
Gets Weekends Off
Joined APC: Oct 2008
Posts: 195
I asked before and so far no one has been able to show me.
Under current guidance, as long as the airman is being cooperative, and the airman did not intentionally commit an action, how can he be "lynched" as you put it? I've been through the Compliance Action guidance and I can't find that avenue a rogue inspector could use to push an enforcement and do it successfully.
Under current guidance, as long as the airman is being cooperative, and the airman did not intentionally commit an action, how can he be "lynched" as you put it? I've been through the Compliance Action guidance and I can't find that avenue a rogue inspector could use to push an enforcement and do it successfully.
#29
I don't see sonicflyer's posts as he's on my ignore list, but I see your post, responding to his quote. He is correct.
The FAA may not take enforcement action based on anything learned from the ASRS report. It's not sent to you, but an airman who introduced it early in the process or sends it with a response might provide it. In such a case, if submitted timely and not an intentional violation or a violation of law, the body of the report is protected and none of that information can be used as first-source for enforcement purposes. It can't be used as an admission, either.
The same is not true of the title strip, which is not protected. A pilot who identifies himself as violating a regulation as part of his title may find that the title strip of the ASRS report can be used against him. It does not enjoy the same protection or immunity, and while the ASRS doesn't send the reports to the FAA, inspectors have been known to peruse them, looking. While the FAA can't act based on the ASRS report body, revealing too much can show the inspector where to look to dig deeper, or reveal something the inspector didn't know in the first place. I have known more than a few inspectors who do this, and who are of a mind to do this...going after people for everything from a talk in church to having overheard a casual 3rd party conversation.
Hang one's hat on the new and friendlier FAA if one wants. Not wise.
JNB may not be lynching pilots, but he's an army of one. There are a lot of others out there who won't hesitate to do so.
#30
Gets Weekends Off
Joined APC: Jan 2013
Posts: 834
Koco,
Sure there are the horror stories, though in the vast majority of these types of cases the FAA just wants to know what happened, and if applicable, that you learned a lesson, and be reasonably assured it will not happen again. They will generally take the situation and your experience level into consideration as well. When I have been given the number to call, I chose to call and be forthcoming, polite and deferential. On occasion they just want to ask a question about your operation or why you did something in a particular manner, even if there was no violation. I've had that also. I have had to call a few times, over many years. It worked out fine in each case. If you do not call, you are then essentially/effectively forcing the FAA's hand, which can trigger a formal investigation. That's typically when things get ugly. I am not making any recommendations, except to send the NASA form, just sharing my experience. Good luck!
Sure there are the horror stories, though in the vast majority of these types of cases the FAA just wants to know what happened, and if applicable, that you learned a lesson, and be reasonably assured it will not happen again. They will generally take the situation and your experience level into consideration as well. When I have been given the number to call, I chose to call and be forthcoming, polite and deferential. On occasion they just want to ask a question about your operation or why you did something in a particular manner, even if there was no violation. I've had that also. I have had to call a few times, over many years. It worked out fine in each case. If you do not call, you are then essentially/effectively forcing the FAA's hand, which can trigger a formal investigation. That's typically when things get ugly. I am not making any recommendations, except to send the NASA form, just sharing my experience. Good luck!
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