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Old 07-27-2015 | 08:17 PM
  #11781  
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Originally Posted by skypilot35
It can only be excluded if it is a non-sole source event. Missing a step in the QRH would be a sole source report since the CVR cannot be used for punitive purposes.

I don't think they filed an ASAP.

Non-sole source AND one of the 3 criteria required to be excluded, right?

Plus, the pilots have 24 hours to file an ASAP from the time they became aware there was an error. It doesn't have to be the day after the event.
Old 07-27-2015 | 09:53 PM
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Originally Posted by Nevets
Non-sole source AND one of the 3 criteria required to be excluded, right?

Plus, the pilots have 24 hours to file an ASAP from the time they became aware there was an error. It doesn't have to be the day after the event.
I think our MOU states the report has to be filed within 24 hours from the time the duty period ends in which the event occurred...I might be wrong on this but I have filed an ASAP and when we spoke to the ASAP rep, this is what I was told.

I think there are 5 criteria which consists of criminal activity, substance abuse, controlled substances, alcohol, or intentional falsification, aka the Big 5. I assume this is what you were referring to.
Old 07-28-2015 | 04:32 AM
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Originally Posted by skypilot35
It can only be excluded if it is a non-sole source event. Missing a step in the QRH would be a sole source report since the CVR cannot be used for punitive purposes.

I don't think they filed an ASAP.

Don't think it was a sole source report, I would guess the crew declared an emergency and would have been reported by the controller?

I was told the FAA and the ASAP ERC listened to the CVR as thus was determined that steps were missed in the QRH.
Old 07-28-2015 | 04:49 AM
  #11784  
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I would think since it takes quite a while for the ASAP to be processed that the CVR recording of that flight would be taped over by then
Old 07-28-2015 | 04:51 AM
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Originally Posted by JamesNoBrakes
ASAP does not protect you from a 44709, nor was it ever intended to. In fact, a 44709 may be the outcome/decision of the ERC. I've seen it many times, as well as ATP and commercial pilots getting reexamed. It's not out of the ordinary. It's not exactly common either, but not abnormal. A 44709 is not punishment/enforcement. A 44709 is not a revocation of a certificate, nor does it show as such. Most of the time, the certificate is not even suspended, that's usually reserved for someone that fails a 44709 when the inspector believes with training the applicant could still possibly pass on a 2nd attempt. Somewhere, there should be someone that teaches you this at the airline.

The process of certificate revocation and re-issuance during a 44709 ride was told to me by an FAA inspector and a company DE and that it will show up on PRIA since the action is almost always preceded by an incident, accident, or violation. I was also told that SkyWest has had 2 such 44709 events in the last 20 some years until this last month in which 3 have been ordered by the CMO.

If that's not the case, great, but everyone I've talked to have said these guys are screwed?
Old 07-28-2015 | 07:04 AM
  #11786  
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No, that is not accurate.
Old 07-28-2015 | 10:28 AM
  #11787  
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Originally Posted by JamesNoBrakes
No, that is not accurate.
Then draw us a picture.
Old 07-28-2015 | 11:14 AM
  #11788  
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Originally Posted by Check Complete
Don't think it was a sole source report, I would guess the crew declared an emergency and would have been reported by the controller?

I was told the FAA and the ASAP ERC listened to the CVR as thus was determined that steps were missed in the QRH.
Steps accidentally missed during an honest attempt to comply with the QRH would not disqualify the event from asap. An attempt to hide an incident by not performing the QRH/memory items would be disqualifying, ie not descending during a low-speed event.

If this has to do with the gear up thing, yes it's easy to see how you could miss completing that QRH.
Old 07-28-2015 | 04:17 PM
  #11789  
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Originally Posted by fastback
Then draw us a picture.
You should research it yourself: 8900.1 volume 5, chapter 7, section 1. Section 2 may be worth reading, but despite the title I doubt any of that section would apply here (unless the airman did not agree to stop flying until the reexam, which is unlikely).

Short version is, if an investigation determines pilot competence may be an issue or involved in an occurrence, the airman is sent a letter, usually asking them to reply within 10 days to set up a reexam (not necessarily within that 10 days). If the airman can't set up the reexam in a reasonable amount of time, usually a few weeks thereafter, then the airman is asked to place his certificate on temporary deposit at the FSDO. This is not reported to OKC and does not go into your airman file. If an airman fails to respond to the letter or does not place the certification deposit when he can't complete the reexam in a reasonable time, proceedings are begun to suspend (not revoke) his certificate and if the suspension goes through before the reexam is complete, it will show up on his record as a suspension.

I hope this helps.
If the airman fails the 44709, it is up to the inspector to determine if he could pass with more training. At that point there are a number of options, similar to before the pilot can place his certificate on temporary deposit until the 2nd reexam, and if not, proceedings may begin to suspend it. The airman may also choose a voluntary downgrade. If unsuccessful twice in a row, most choose this, although it's extremely rare to be in this situation in the first place. If not, an emergency order may be put through to revoke the certificate or rating (basically a downgrade).

Suspensions are even pretty rare during 44709s, inspectors usually want to get them done as soon as possible.

If these airmen got their certificates revoked, as you say, then I'd think the lawyers would be all over it, because that doesn't agree with the 44709 process. I'd bet though that we simply don't have the info and are hearing about this 3rd 4th and 5th hand. Still, it would benefit you to read up on things like this to know what is supposed to happen and what the options are.

Last edited by JamesNoBrakes; 07-28-2015 at 04:32 PM.
Old 07-28-2015 | 05:33 PM
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James, that was thorough, but not nearly as entertaining as your ECU picture.
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