Count Dracula
Well-known member
- Joined
- Feb 22, 2006
- Posts
- 130
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Contrails Inc. said:I'm particularly interested in FAA Enforcement of altitude deviations and the decision-making involved to violate an airman or crew. Thanks for the info. I'm familiar with the ASRS Reporting System. Filing a report can alleviate the penalty ie, suspension or fine, but not necessarily a violation on their record.
GravityHater said:You must want the other pilots forum... we don't make such busts here.
!!!
link: http://www.globalair.com/discussions/legal_services/article.asp?msgID=37&submit=Get+ArticleATC’s Failure To Provide Notice Of Deviation
In Administrator v. Pate and Yoder, respondents Pate and Yoder were operating a Boeing 737-522. Pate was pilot in command and Yoder was second in command. As they were approaching Cedar Rapids, Iowa for landing, the pilots were instructed to descend to an altitude of 2,500 feet and to maintain a heading of 50 degrees. However, shortly after receiving that clearance, they turned their aircraft to a heading of 250 degrees and climbed to an altitude of 3,000 feet.
When the pilots realized that the aircraft had climbed above its assigned altitude, they immediately began a descent back to 2,500. However, the combination of improper altitude and incorrect heading resulted in a loss of standard separation when the aircraft came within 500 feet vertically and two and one-half miles laterally of another airliner. ATC made no comment regarding the deviations and the pilots landed without further incident.
After the flight, the FAA issued Notices of Proposed Certificate action against Pate and Yoder. The FAA alleged that the pilots violated FAR 91.123 which requires that “Except in an emergency, no person may operate an aircraft contrary to an ATC instruction in an area in which air traffic control is exercised. The FAA also alleged violation of FAR 91.13 which provides that “No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another. The FAA wanted to suspend Pate’s and Yoder’s airline transport pilot certificates for periods of 15 and 7 days respectively.
As always, fly safe and fly smart.
For more information regarding aviation law, safety and security, e-mail Greg at [email protected] or visit his website at www.aerolegalservices.com.