Old 01-16-2023, 01:33 PM
  #12  
joepilot50
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Joined APC: Oct 2022
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Originally Posted by 450knotOffice View Post
From 120-66B, the Advisory Circular that governs he ASAP program:


9. GUIDELINES FOR ACCEPTANCE OF REPORTS UNDER ASAP.

b. Criteria for Acceptance. The following criteria must be met in order for a report involving a possible violation to be covered under ASAP:

(2) The alleged regulatory violation must be inadvertent, and must not appear to involve an intentional disregard for safety.

So unless these pilots can be shown to have intentionally disregarded safety (possibly by disregarding sterile cockpit during taxi), then they’ll likely be accepted into the ASAP program.
B was replaced by C. The large change was ERC is voting on exclusion, not acceptance and redefined exclusion criteria.

120-66C states the following,

GUIDELINES FOR EXCLUSION OF REPORTS UNDER THE ASAP. This paragraph discusses exclusion criteria for ASAP reports.


18.2 Reckless Conduct. Reports of an apparent violation involving reckless conduct are excluded. Reckless conduct is an act (or failure to act) demonstrating a gross disregard for, or deliberate indifference to, safety or a safety standard.

18.3 Intentional Conduct. Reports involving intentional conduct are excluded. Intentional conduct is an act (or failure to act) while knowing that such conduct is contrary to a regulation or statute, or is otherwise prohibited.

Both are fairly steep tasks to prove. Even a violation of sterile won't necessary cause an exclusion. You would need the crews to state or gather through the investigative process that they knew they were violating sterile and said screw it. Something to acknowledge they knew what they were doing was wrong and did it anyway. Had tons of ASAP's sole-source and non-sole source where crews cited sterile violations that were accepted.

Even with an accepted report, the corrective action will have remedial training in this event.
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