pilot deviation at non asap carriers
 

Hello all,

I have taken employment at a relatively new non union air carrier that does not have an ASAP program.

I have not had any pilot deviations, however, mistakes happen and knowing in advance what avenues should be taken if/when something did occur seems very wise to protect my certificate.

I am aware of NASA reports but is this my only option?

Someone recommended VDRP but after reading the AC on VDRP it appears that except under very specific circumstances, VDRP does not apply to the individual airman, but to the air carrier.

Can someone clarify this?


Also, the new carrier is world wide in the broadest of senses, how are inadvertent pilot deviations handled when they occurred outside the USA by a USA pilot at a USA carrier?

You are correct in that NASA ASRS is still available to you. VDRP is for the company only, not (you) the airman. When flying outside the US, 91.703 applies. You must comply with the rules of that "state" and ICAO Annex 2/SARPS.

The foreign version of the FAA (i.e. Transport Canada, DGAC, CAAC, etc) will be the entity that investigates PD's which occur in ICAO member states (foreign country). More than likely the case will be coordinated (through the state department) to the FAA IFO and/or your airline's FAA CMO.

Interesting.

So in the case of a pilot deviation in another state's airspace that got referred back to the FAA, would a NASA ASRS still apply?

It is highly unlikely that a pilot deviation would cause certificate action, unless it was egregious and almost caused a catastrophe. Read up on Compliance Action on the FAAs website. This has taken the place of certificate action and enforcements for all but the most egregious or intentionally-reckless cases.

Has this new and kinder approach reached all inspectors yet?
;)

You can submit as many ASRS reports as desired. ASRS May not apply in foreign airspace, but that is for the legal folks to sort out. And yes, ALL ASI's receive training on the new philosophy. Assume positive intent... Nobody is perfect...

Yes the FAA has fully implemented the compliance philosophy.

Get a legal plan such as the one through AOPA. I don't care what anyone says, if the FAA wants to talk to you do not go in without a lawyer. They are not there to help you and I will believe the newer, kinder, gentler FAA when I see it. The same safety inspectors are there. A violation, even a minor one, is worse than a DUI in the eyes of many employers and once on your record is there for life.

Following this advice may screw you over, but hopefully not...

Many of the same inspectors are not there, they are retiring left and right.

Compliance philosophy depends upon the subject working with the FAA to find the reason something happened and addressing that, rather than throwing up a wall of not talking to the FAA, which will likely make you ineligible for it. One of the criteria is that you are willing and able to talk to the FAA about it and correct it. Compliance philosophy allows for a compliance action to take the place of an enforcement action, which means no letters of investigation on record, no actions on your FAA record, and so on. The idea is extending an ASAP-like mentality/program to those outside of or not covered by ASAP.

The lawyers are probably not happy about this, because it cuts them out of most interactions, except for those that are not eligible, such as egregious non-inadvertent (premeditated) violations, usually the ones where there are several issues and people's lives were endangered in the process, pretty far removed from a simple pilot deviation.

But if you feel the better way to handle it is to have a violation on your record, by all means, don't try to go down the compliance philosophy path. Let me say this again, the FAA has a mechanism that directs them to not go down the enforcement route unless your violation was exceptionally egregious and non-inadvertent. This is pretty rare/exceptional in any kind of law/regulation enforcement in my experience.

I'll believe that last part when I see it in action. The FAA history in this regard is not very good. I've seen too many pilots burned for being truthful and upfront with the FAA. You know that old saying. Reputations are hard to earn but easy to lose. The reputation of FAA Safety Inspectors and enforcement is not good. A few bad apples, which every FSDO seems to have, have burned too many people over the years.