ASAP legal challenge?
06-17-2008, 01:46 PM
#1
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ASAP legal challenge?
I am reading the May 2008 issue of B&CA and there is an article on page 64 about a legal challenge to the Aviation Safety Action Program (ASAP) from the mishap involving Flight 5191.
According to the article - two different judges have issued rulings that state "ComAir must comply with the plantiff's request" for ASAP report specifics. In the military, our Aircraft Mishap Boards have the 'Concept of Priviledge' to protect us in this manner which has itself come under legal review and been upheld. (one of the biggest 'would be' challenges was actually sidestepped and not challenged when President Clinton decided not to pursue an AMB in the case of the EA-6B Prowler after the Italy mishap)
The military is trying to institute this very program at this time but is running into obsticles - one of which is the confidentiality issue. This would seem to be a blow to the cause though Comair spokesperson Kate Marx states that the program "is basically unchanged".
Sorry if this has been discussed on the forum but I thought it an interesting case. Thoughts?
USMCFLYR
According to the article - two different judges have issued rulings that state "ComAir must comply with the plantiff's request" for ASAP report specifics. In the military, our Aircraft Mishap Boards have the 'Concept of Priviledge' to protect us in this manner which has itself come under legal review and been upheld. (one of the biggest 'would be' challenges was actually sidestepped and not challenged when President Clinton decided not to pursue an AMB in the case of the EA-6B Prowler after the Italy mishap)
The military is trying to institute this very program at this time but is running into obsticles - one of which is the confidentiality issue. This would seem to be a blow to the cause though Comair spokesperson Kate Marx states that the program "is basically unchanged".
Sorry if this has been discussed on the forum but I thought it an interesting case. Thoughts?
USMCFLYR
06-17-2008, 02:02 PM
#2
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ASAP programs have no inherent confidentially protection in the legal system at large.
ASAPs are basically a MOU between the FAA, a specific airline, and it's pilot group. The only legal restriction is on the FAA's execution of it's administrative law program. It has always been very clear that ASAP reports (like Nasa forms) do NOT protect against actions which violate criminal law. Criminal law is administered by federal, state, or local attornies general, and the FAA has no right to supersede these agencies or make agreements on their behalf.
It is safe to assume that civil law is in the same boat as criminal...ie the FAA can't supersede it. I actually see the judge's point...legally there is no basis to not subponea the asap reports.
The only fix for this would have to be a federal law, which would overide state and local law by default.
ASAPs are basically a MOU between the FAA, a specific airline, and it's pilot group. The only legal restriction is on the FAA's execution of it's administrative law program. It has always been very clear that ASAP reports (like Nasa forms) do NOT protect against actions which violate criminal law. Criminal law is administered by federal, state, or local attornies general, and the FAA has no right to supersede these agencies or make agreements on their behalf.
It is safe to assume that civil law is in the same boat as criminal...ie the FAA can't supersede it. I actually see the judge's point...legally there is no basis to not subponea the asap reports.
The only fix for this would have to be a federal law, which would overide state and local law by default.
06-17-2008, 02:16 PM
#3
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Originally Posted by rickair7777
ASAP programs have no inherent confidentially protection in the legal system at large.
ASAPs are basically a MOU between the FAA, a specific airline, and it's pilot group. The only legal restriction is on the FAA's execution of it's administrative law program. It has always been very clear that ASAP reports (like Nasa forms) do NOT protect against actions which violate criminal law. Criminal law is administered by federal, state, or local attornies general, and the FAA has no right to supersede these agencies or make agreements on their behalf.
It is safe to assume that civil law is in the same boat as criminal...ie the FAA can't supersede it. I actually see the judge's point...legally there is no basis to not subponea the asap reports.
The only fix for this would have to be a federal law, which would overide state and local law by default.
ASAPs are basically a MOU between the FAA, a specific airline, and it's pilot group. The only legal restriction is on the FAA's execution of it's administrative law program. It has always been very clear that ASAP reports (like Nasa forms) do NOT protect against actions which violate criminal law. Criminal law is administered by federal, state, or local attornies general, and the FAA has no right to supersede these agencies or make agreements on their behalf.
It is safe to assume that civil law is in the same boat as criminal...ie the FAA can't supersede it. I actually see the judge's point...legally there is no basis to not subponea the asap reports.
The only fix for this would have to be a federal law, which would overide state and local law by default.
Yes - the safety world and the legal world are at odds on this. It is for the powers to be to decide which provides a safer environment and better serves to protect the population.
USMCFLYR
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