Thread: Deviation?
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Old 07-02-2015, 11:06 AM
  #4  
wankel7
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Joined APC: Dec 2010
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Originally Posted by PerfInit View Post
ATC is supposed to give you what is called the "Brasher Warning" according to their FAA Orders. Even though that did not happen, I would still expect a written notice from the FSDO of possible pilot deviation because the "computer" that monitors all Mode-C and Mode-S traffic might "flag" your flight automatically and generate the report to the FSDO. Yes, that can and does happen. I would do the following as soon as possible:

1 File a NASA ASRS Report
2. Join AOPA and sign up for their Legal Plan
3. Log some remedial training with a CFI on Airspace (ground and flight).
4. Participate in the FAA's WINGS Program

Doing all these things will make you a safer and more proficient pilot. They will also show that you are being "proactive" and the FAA will look upon this favorably.
Brasher warnings really didn't help out these airmen when it was applied in their case....

"Based upon Brasher and other similar cases, as well as the supplemental information provided by the FAA, the Board held that Pate and Yoder were entitled to a waiver of sanction because they did not receive the ATC notification of deviation consistent with the provisions of paragraph 2-1-26 of the ATC manual. However, it is important to note that the Board’s decision only waived the sanction against the two pilots (e.g. the 15 and 7 day suspensions). The Brasher doctrine and the ASRS program do not grant pilots immunity. They merely eliminate the potential sanction associated with FAR violations. Thus, the violations of FAR 91.123 and FAR 91.13 admitted by Pate and Yoder remained."

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