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Old 04-04-2018, 06:31 AM
  #61  
JamesNoBrakes
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Joined APC: Nov 2011
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Originally Posted by JohnBurke View Post
The ASRS is protected within the body of the report, but not the title, which means that if the FAA learns of the violation based on the body of the report, the FAA may not take action. If the FAA learns of the violation from another source, which includes the title strip, the FAA may take action on that information.

A pilot who offers the strip when asked about an incident, or even in a matter peripheral to the incident, may incriminate himself and provide the legal impetus to investigate or to secure information to use against the pilot in the appeal process.

Whether you as an inspector routinely comb ASRS reports, or whether you have routine access to them, is irrelevant to the subject of what's protected and what's not.
Many people have the misconception that the FAA has access to ASRS reports or that they even care whether a report was filed, in that it would somehow change an investigation. This is in stark contrast to ASAP (and now Compliance Philosophy), which absolutely changes an FAA investigation.

If you hand over everything and the world, well that's up to you. If you know you are innocent and have information that would indicate this, the FAA wants to know about it, if you feel better doing it through a lawyer, all the more power to you. If you hide this information, you may be dragging yourself through a process that could have been stopped a long time ago.
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