Possible Pilot Deviation
#52
Disinterested Third Party
Joined APC: Jun 2012
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#53
Gets Weekends Off
Joined APC: Sep 2015
Posts: 304
Last edited by A Squared; 03-25-2018 at 06:45 PM.
#54
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Joined APC: Sep 2015
Posts: 304
I can't lay my hands on the NTSB decision at the moment, but I'll see if I can did it up. As I recall it (it's been a while) the pilot has some sort of deviation. Let's say it was an altitude bust on an IFR flight plan. I don't know that's what it was, but lets say it was. So pilot files an NTSB report, and he puts something fairly specific in the title strip like "N456BK deviating from assigned altitude" This was back in the day of paper ASRP reports that you actually filled out with a pen folded up and mailed in. Back then, NASA would get the report, review it for intentional violations and criminal acts, and if none were involved, they would cut off the title strip, put a time and date stamp on it, and mail it back to you. So, the FAA sends the guy a letter of Investigation, and when responding to it, the pilot sends in the title strip with his other information. The FAA used the effective admission of guilt on the title strip in their finding of a violation against him. He appealed to the NTSB and they ruled that the strip was not protected under the ASRP program.
Two things to take away from this:
1) Be as vague and non-specific as you can in the title. Save the details, confessions, etc for the body of the ASRP report.
2) don't submit anything about an ASRP report in an investigation. It doesn't do anything for you in an investigation. It won't stop the investigation, and it won't prevent a finding of violation. All it will do is prevent any penalty assessed from taking effect. (certificate suspension, for example) If you are found to be in violation *then* bring out your ASRP receipt.
Again, I don't know that it actually was an altitude deviation in the cited case, that was just a "for example". I'll see if I can find the NTSB decision.
Last edited by A Squared; 03-25-2018 at 06:44 PM.
#55
That "technicality" you mentioned is unfortunate, that's the exact thing the compliance philosophy is trying to reverse, the adversarial standoff where in the absence of information the FAA fears the worst and the airman refuses to discuss. Hard to reverse decades of culture, but we are trying.
#56
Gets Weekends Off
Joined APC: Sep 2015
Posts: 304
Well, in this case, the Airman sent the strip in to the FAA in response to the LOI, so they *did* have that part of it.
#57
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Well, as I said, at the FAA we don't have access to any NASA/ASRS files and would never know what an airmen uses for the title, they can name it anything they want.
That "technicality" you mentioned is unfortunate, that's the exact thing the compliance philosophy is trying to reverse, the adversarial standoff where in the absence of information the FAA fears the worst and the airman refuses to discuss. Hard to reverse decades of culture, but we are trying.
That "technicality" you mentioned is unfortunate, that's the exact thing the compliance philosophy is trying to reverse, the adversarial standoff where in the absence of information the FAA fears the worst and the airman refuses to discuss. Hard to reverse decades of culture, but we are trying.
#58
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Joined APC: Oct 2017
Posts: 120
Unfortunately it will take years for pilots to forget and forgive, especially when the same safety inspectors are still around. I saw careers crushed over minor violations such as a right hand pattern at a non-towered airport. Ironically, these pilots probably would have been better off with DUI's as most major airlines ask about "DUI's within the past 5 years" but a violation is there forever. I know many airline pilots who refuse to teach as there is too much risk from a possible violation.
#59
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#60
Disinterested Third Party
Joined APC: Jun 2012
Posts: 6,024
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.
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