The FAA is after me!
04-15-2008, 08:18 AM
#32
Gets Weekends Off
Joined APC: Jul 2007
Position: EMB 190 FO
Posts: 115
If I recall correctly from my aviation law course letter of warning is still a violation and will go on your record, but it is not severe enough to warrant certificate action. My suggestion is to get an aviation lawyer and fight it.
04-20-2008, 08:33 AM
#33
New Hire
Joined APC: May 2007
Posts: 6
just a side note. if you had a faulty alt hold problem, you said you went back down to 350. that is operating in rvsm airspace with a faulty autopilot which makes your plane negative rvsm. if you are going to argue that point, i hope you declared negative rvsm and decended below 290, or else you could easily get yourself in more trouble than the original deviation. once again...get a lawyer.
04-25-2008, 02:28 PM
#34
On Reserve
Joined APC: Jan 2008
Posts: 18
Did you admit to the controller that you busted the altitude? Transponders are not always accurate. I would also suggest getting an aviation lawyer. Also, (this may sound stupid) do you have any friends at the local FSDO? I have been told they can be helpful in these instances. Good luck with this.
05-04-2008, 06:29 PM
#35
Gets Weekends Off
Joined APC: Aug 2007
Position: MD-11 FO
Posts: 608
Get a lawyer the second you hear anything in writing from the FAA. An ASRS (NASA form) will keep you from serving a suspension, but it still shows up on your record as a suspension for seven years. That's a long time when you are looking for a better job and you have to explain it at each and every interview. Not fun.
05-06-2008, 02:30 AM
#36
Gets Weekends Off
Joined APC: Nov 2006
Posts: 585
An aviation lawyer will have fun defending the "onboard emergency for which you filed a NASA report" due to the pax distracting the flight crew coupled with an equipment malfunction. Hopefully you haven't already opened your mouth with the Feds so the lawyer will have something with which to work.
The FSDOs have six months to start pursuit after becoming aware of a violation, not two weeks. Even then, one has to pay in time and effort, if not cash, to get to the NTSB Admin Law Review Judge to appeal on the stale complaint rule if the FAA pursues after six months of becoming aware of the violation. The FAA is judge, jury, prosecutor, and executioner who doesn't have to follow most evidence rules. IOW, it is an uphill battle best avoided.
The FSDOs have six months to start pursuit after becoming aware of a violation, not two weeks. Even then, one has to pay in time and effort, if not cash, to get to the NTSB Admin Law Review Judge to appeal on the stale complaint rule if the FAA pursues after six months of becoming aware of the violation. The FAA is judge, jury, prosecutor, and executioner who doesn't have to follow most evidence rules. IOW, it is an uphill battle best avoided.
05-08-2008, 07:35 PM
#38
Gets Weekends Off
Joined APC: Oct 2005
Posts: 393
This is a situation where I would miss my old airline's ASAP program. It can really be a help in situations like these. I'm not with an airline now, so I have a bunch of NASA reports in the bag. Understand, though, that NASA reports can't save you from everything. The self-disclosure will be viewed favorably, and they can't use info. IN the report against you, but if somebody else (controller) also reports an event, they CAN still bust your ass (but almost NEVER will unless it was really bad and you are acting REALLY uncooperative).
05-08-2008, 07:57 PM
#39
Gets Weekends Off
Joined APC: May 2006
Position: Admiral's club lounge
Posts: 631
Originally Posted by Jetjock13
Any and all thoughts would be most welcome.
Had a situation a few months ago where the combination of a very excited passenger, (pvt. pilot) and a faulty altitude capture mode caused us to deviate altitude +300 feet at FL350. We caught the problem but rather than push the nose over and put the passenger into the ceiling, we had him return to his seat and decended to FL350. We were high for about 30 secs. Denver center has us call them to explain. There was no loss of seperation. Now the Denver FSDO is taking a look at this and I am worried this might become A "ding" on my record. Anyone with a similar experience?
Any advice would be great.
Cheers.
Had a situation a few months ago where the combination of a very excited passenger, (pvt. pilot) and a faulty altitude capture mode caused us to deviate altitude +300 feet at FL350. We caught the problem but rather than push the nose over and put the passenger into the ceiling, we had him return to his seat and decended to FL350. We were high for about 30 secs. Denver center has us call them to explain. There was no loss of seperation. Now the Denver FSDO is taking a look at this and I am worried this might become A "ding" on my record. Anyone with a similar experience?
Any advice would be great.
Cheers.
Late reply, but whatever. Dont admit to vacating assigned altitude. Ever.
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