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Old 04-20-2012, 09:45 PM
  #1  
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Default ASRS - PRIA -- Application Response

A couple of years back I had an altitude deviation. My Captain and I both filled out the ASRS and got the confirmation back that the information had been deidentified. I never heard a peep from the FAA, but got a letter of warning from the CP which stated that the letter of warning would remain in my file for two years.

The two years is now more than passed. I am now applying to other airlines. Is this something that then needs to be reported if they are asking under the PRIA section "Do you have any violations/formal written FAA warnings?"

I don't want to get canned at some point for not reporting it, but I thought the whole idea around the ASRS was to avoid the tracking of such issues. I know there hundreds of altitude deviations every year. Consequently, your responses will help many more folks than me.

Thanks much.
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Old 04-20-2012, 10:08 PM
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Originally Posted by AirbornPegasus View Post
A couple of years back I had an altitude deviation. My Captain and I both filled out the ASRS and got the confirmation back that the information had been deidentified. I never heard a peep from the FAA, but got a letter of warning from the CP which stated that the letter of warning would remain in my file for two years.

The two years is now more than passed. I am now applying to other airlines. Is this something that then needs to be reported if they are asking under the PRIA section "Do you have any violations/formal written FAA warnings?"

I don't want to get canned at some point for not reporting it, but I thought the whole idea around the ASRS was to avoid the tracking of such issues. I know there hundreds of altitude deviations every year. Consequently, your responses will help many more folks than me.

Thanks much.
A bit confused here...

You never got ANYTHING from the FAA, but ONLY from your management?

In that case, then:

Q: "Do you have any violations/formal written FAA warnings?"
A: "No"

However, if you did receive a letter from the FAA regarding the altitude deviation, and you did use the ASRS to gain immunity from certificate action, you CAN still have a record of a violation according to the FAA...they just couldn't slap you for it. In THAT case, you technically do need to admit it UNLESS the LOI (Letter of Investigation) and subsequent paperwork specifically stipulated that it would be expunged from your record after a certain period (fairly typical).

That notwithstanding, how did your management find out and NOT the FAA?
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Old 04-21-2012, 03:16 AM
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Originally Posted by Sideshow Bob View Post

That notwithstanding, how did your management find out and NOT the FAA?

That does not make sense. Only way it could happen is if it was maybe the tower or TRACON at your airline's hub and the local ATC supervisor had your CP on speed-dial. This would be an informal process might not involve the FAA (yes it has happened at my airline).

But in order to have anything on your FAA record you would have...
1) received an LOI (certified mail?)
2) Almost certainly been contacted to discuss the matter. At some point in here (or in response to the LOI) you provide them a copy of your NASA form receipt.
3) received a letter indicated their judgement and proposed penalty; the later would be nothing if your NASA form was submitted properly and accepted. But like he said, you can have a violation on your record even if ASRS voids the penalty.

So you should know if an investigation was conducted, and what the outcome was. But you can email the FAA or fill out a form online and they will send you a copy of your record...better do that.
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Old 04-21-2012, 06:33 AM
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Originally Posted by AirbornPegasus View Post
A couple of years back I had an altitude deviation. My Captain and I both filled out the ASRS and got the confirmation back that the information had been deidentified. I never heard a peep from the FAA, but got a letter of warning from the CP which stated that the letter of warning would remain in my file for two years.

The two years is now more than passed. I am now applying to other airlines. Is this something that then needs to be reported if they are asking under the PRIA section "Do you have any violations/formal written FAA warnings?"

I don't want to get canned at some point for not reporting it, but I thought the whole idea around the ASRS was to avoid the tracking of such issues. I know there hundreds of altitude deviations every year. Consequently, your responses will help many more folks than me.

Thanks much.
Originally Posted by Sideshow Bob View Post
A bit confused here...

You never got ANYTHING from the FAA, but ONLY from your management?


That notwithstanding, how did your management find out and NOT the FAA?
Are we sure we are talking NASA ASRS and not ASAP?
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Old 04-21-2012, 10:10 AM
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Consider a letter of warning is not a finding of a violation.

You are being warned not to commit a violation.

On this basis I do not think you have ever been violated and a letter from the CP is not a "warning from the FAA."

You self disclosed and participated in either ASRS or ASAP. You learned to be more vigilant. Good job ... move on and good luck with your career.
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Old 04-21-2012, 10:18 AM
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ASRS' point is not to avoid the tracking issues. If they ask you if you have ever been violated, and assuming you have, the answer would be yes regardless of whether it's been expunged you received no certificate action due to the immunity from ASRS.
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Old 04-21-2012, 10:45 AM
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Nevets,

A pilot can still be violated after an ASRS report and even after a ASAP report. What these programs do is mitigate the penalties for a violation of the regulations. Even if the penalty of a suspension or fine is avoided the finding of violation still happens and as you state would be tracked.

Participation in these programs is evidence of a "compliance oriented attitude" which allows the mitigation of what might otherwise be a Certificate Action.

At a regional carrier there were pilots who had runway / taxiway incursions. They were able to mitigate those with no Certificate action by participation and training. If asked if they had been violated, or warned, the answer was "no." Those penalties AND finding of VIOLATION were avoided.
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Old 04-21-2012, 10:58 AM
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How does one request a PRIA without getting airlines intervened? Any way of doing a personal request?
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Old 04-21-2012, 02:37 PM
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Originally Posted by Flymau5 View Post
How does one request a PRIA without getting airlines intervened? Any way of doing a personal request?
FAA.gov>>>>search>>>>PRIA
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