Originally Posted by
JohnBurke
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.
Well, it's good to see where this comes from, like I said, i had no idea. It's neither in our Orders, Guidance or any processes we have to look at anything in or relating to ASRS reports. We don't have links to the databases or anything of that nature. I wouldn't even know how or where to start, since it's just not something we do. If this was happening, any semi-competent lawyer would have a field day with it, tearing into counsel if it came to a trial. In our old processes it did ask whether the airman submitted an ASAP, to prevent us from going down enforcement roads when the investigation had to be entered correctly as an ASAP to protect the airman's file.