What will punishment be?

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07-15-2011, 02:22 PM

#11

ToBeOrNotToBe

Line Holder

Joined APC: Jan 2007

Position: FO 757/767

Posts: 61

Not disclosing to the FAA is a mistake. When this student takes his checkride, the DE is responsible for checking certificates and endorsements. Trying to cover up something so minor is not wise.

07-15-2011, 02:40 PM

#12

fatmike69

Gets Weekends Off

Joined APC: Jul 2005

Position: EMB120 CA

Posts: 299

Quote:

Originally Posted by ToBeOrNotToBe

Not disclosing to the FAA is a mistake. When this student takes his checkride, the DE is responsible for checking certificates and endorsements. Trying to cover up something so minor is not wise.

Is everyone here missing what I've mentioned in my last 3 posts? The way to disclose is through ASAP or NASA, period! I see that you are an F/O at an airline, so let me ask you this. If you screw up on the line, do you call the FAA directly and tell them, or do you go through your ASAP program (or NASA if ASAP is unavailable)? Once again, the FAA views these submissions as DISCLOSURE. By going through the FAA directly you are opening a HUGE can of worms, and I would strongly advise if you go this route to have an attorney consultation first.

07-15-2011, 02:54 PM

#13

Cubdriver

Moderator

Joined APC: May 2006

Position: ATP, CFI etc.

Posts: 6,056

Throw in the NASA form within ten days from the event, that is what it is for. After that, accept the consequences of your mistake whatever it turns out to be. Under no circumstances lie about anything, and do not do the same thing again any time soon. Give a full and honest accounting of the event in the ASRS (NASA) form. I tend to doubt the FAA will pursue it because there was no safety incident involved. This student apparently had a first class medical anyway. There was no apparent risk to anyone's safety and it boils down to a compliance failure. I would not volunteer the facts to the FAA other than the ASRS form. The only reason I think you might see action on this is the school has established a pattern of compliance problems in the past. Also, get the AOPA legal plan for the next time around.

07-15-2011, 04:47 PM

#14

rickair7777

Prime Minister/Moderator

Joined APC: Jan 2006

Position: Engines Turn Or People Swim

Posts: 39,293

Quote:

Originally Posted by f16jetmech

Again I want to make this clear that this is a 141 school that is inspected regularly by the Dallas FSDO. This is an endorsement that is put on final paperwork of a checkride. It's not like you put 2.0 hood when it should have been 1.5. This is a paperwork issue that can't be reversed. Are you suggesting forging his logbook? A federal document? I'm a bit confused on just brushing it aside.

Also an update, the school has decided that they will come forward if he doesn't. It could be their 141 ticket when the Feds find out

It could very well get noticed during a 141 inspection. But I would not voluntarily tell the FAA unless the school is going to do it first.

File a NASA immediately (hopefully still within the 10 day window).

Unfortunately there is no guarantee that the NASA form will protect you. NASA forms only work for "inadvertent" mistakes such as an altitude bust.

The FAA will take the attitude that a regulatory paperwork omission like this is not "inadvertent" because there is no "heat of the moment" operational pressure. They will view this as a deliberate decision to solo the guy without proper paperwork. You can claim you "forgot" about the requirement but they might not go fot it.

Best bet would be file the nasa form anyway, try to talk the school out of reporting it, and hope it doesn't get noticed.