alt deviation
 

I'm curious if anybody on here has ever had to call ATC for a alt bust. Had it happen a couple weeks ago and I'm not sure what to expect. I was flying single pilot in a CJ without RVSM, we were going to climb through it but they wanted me to level at 340. I read that back 340 but then was deviating around some weather for some reason dialed in 350. Changed freq. checked on with the new guy climbing from 240 to 350. He didn't catch it until I was at 346. He then told me to descend to 340 which I did, but there was a guy at 360. Without RVSM they need 2000'. I called the number and he said it had to go to the fsdo. Its a bummer, even though I know it was my fault the RVSM paperwork has taken the faa 5 weeks to approve. The plane is used and was certified previously. Anyway, filled out a NASA and am waiting to hear from the fsdo, just wondering if anyone else has had this issue. 17 years and over 8000 hours of flying and never had an issue, pretty bummed. Sorry for the long winded story.

Make sure you get the confirmation strip from the ASRS report. Touching base with an attorney now would be helpful. If this goes to the violation stage the NASA report will eliminate the penalty, but your record will still be dinged. An aviation lawyer might be able to mitigate the damage.

Sorry this happened to you. At least it was nipped in the bud before you encountered the FL360 traffic.

Out of curiosity, what ARTCC was it?

Thanks for the reply, I have the strip from the nasa form. Spoke briefly with an aopa attorney, but he seemed preoccupied with other issues at the time. It was SLC center, I am told that a lot will depend on which guy gets it at the fsdo. If he/she is cool, maybe I get away with a warning, if not it will go to violation. It makes me nervous because there is a chance in the future that I might want to go back to the airlines and I have heard a violation now stays with you forever. I have done a few things since to try to make myself look good for the inspector, took a aopa safety course on airspace, also renewed my CFI by doing a checkride instead of online (with a friend dpe), and took a side job teaching ground school and simulator for Citations. Hopefully it works out. I will keep you posted.

Hopefully all of the things you have done to show them you have learned from the situation will impress them. Good luck!

If there was a loss of separation you are likely to get a violation on the record. Depending on the circumstances, the NASA report may or may not be accepted to avoid the penalty (it's not as automatic as we'd like it to be).

If the AOPA LSP attorney you called seemed preoccupied with other issues, get another one.

Thanks. Do you know is it basically anytime there is loss of separation a violation is given? Are there exceptions? Any advice? I am wondering if I should retain a lawyer now or wait for the phone call from the fsdo and accept responsibility, plead my case and hope for mercy. Are my thoughts correct that a violation is permanent on a record? Thanks again, any advice will help as I am very new to these circumstances.

Retain a lawyer now. There's as much art as science to dealing with the FAA when they begin an enforcement investigation. Don't view an attorney as someone who will battle the FAA tooth and nail; view the attorney in the counselor role to ease you through the system and advise on what to say and what to avoid, even in the initial stages. Generally, by the time you get a "Letter of Investigation" formally advising that an investigation in taking place and soliciting the "benefit of your comments," the FAA has most of what it needs. Your input could help, but it could also hurt. Helping with that is a large part of what an attorney does in enforcement scenarios.

Yes, if a violation is found, it becomes part of your permanent record. The FAA used to have an expunction policy that removed suspensions from your record after 5 years but that's on hold as the FAA decides how to deal with the post-Colgan improvements to PRIA.

When an infraction results in a loss of separation, the FAA will generally enforce.

I'm sorry to hear that this happened to you. As other's have suggested, get a lawyer now! Here's an article that I have bookmarked on my computer as a "just-in-case". It will give you a good idea of why having a lawyer is important now and what to expect now that this has gone to the FSDO. Good Luck!

Protecting Yourself Against FAA Enforcement Actions

WOS -

What an excellent link. Thanks for sharing it.

USMCFLYR