JabroniJohn

Hello,

I made a mistake last week. An emergency was declared by ATC on my behalf. The local FSDO called me today and asked me about the incident. He prodded a little bit and then told me he is not happy with my ADM. In addition I admitted to something I did which put me in violation of a FAR.

I spoke to him later in the day and he said he is going to forward the case to an operations inspector. I asked if he thinks I should get an aviation attorney and he said not yet as it is not a violation yet. He believes they are going to take some action here and he's hoping it will be remedial training.

Does anyone have experience with remedial action? Will this stay on my FAA training record for the airlines to see?

I filled out an ASRS report last night before talking to the inspector. So far it seems that me being open and honest with him is the right thing to do, but perhaps too much honesty is a bad thing? How would you all proceed?

TommyDevito

You will be put in the Compliance Program. In essence, as long as you are being cooperative, the FAA cannot bring an enforcement against you, as long as you did not do whatever deliberately.

The FAA has moved into a Just Culture, which is essentially acknowledging that humans make mistakes. The ASI will talk with you, find out what happened, and work with you to find out where the mistake was made and how to prevent it in the future.

You'll either receive counseling, or remedial training. Once that's done, it's closed out. It will not appear on a PRIA report.

You can read about the Compliance Philosophy on FAA.gov. Whatever it was that happened, you may want to get proactive and seek out some training. Be open and honest with the Inspector and show a good attitude.

rickair7777

Yeah sounds compliance philosophy, which is good for you.

May or may not want to *consult* a lawyer just to be on the safe side, since it could impact your career.

But be cautious with lawyers, an old school one might want you to clam up and let him play hardball with the FAA. That would allow him to rack up billable hours, and might take you out of compliance philosophy and into the hardball league (FAA doesn't lose there too often).

JabroniJohn

I'm very happy and relieved to hear this.

I'll let you all know how it turns out.

This would still be considered an administrative action though, right? And this is now considered an aircraft incident? So I would have to check "yes" to both boxes on the airlineapps questionnaire?

Peabody17

Administrative Action...NO. A compliance action is akin to what used to be known as an Informal Action, “lower“ than an Administrative Action in the hierarchy of penalties.

As to an aircraft incident, that is probably NO as well, but it depends how they define an “incident”.

JabroniJohn

Ok great. I'm thankful that the FAA is giving me this option.