Morgan Freeman grounded

[LXJ31]

# In determining the type and extent of the enforcement action to be taken in a particular case, the following factors are considered:

1. nature of the violation;
2. whether the violation was inadvertent or deliberate;
3. the certificate holder's level of experience and responsibility;
4. attitude of the violator;
5. the hazard to safety of others which should have been foreseen;
6. action taken by employer or other government authority;
7. length of time which has elapsed since violation;(8) the certificate holder's use of the certificate;
8. the need for special deterrent action in a particular regulatory area, or segment of the aviation community; and
9. presence of any factors involving national interest, such as the use of aircraft for criminal purposes.

# The filing of a report with NASA concerning an incident or occurrence involving a violation of 49 U.S.C. Subtitle VII, or the FAR is considered by FAA to be indicative of a constructive attitude. Such an attitude will tend to prevent future violations. Accordingly, although a finding of violation may be made, neither a civil penalty nor certificate suspension will be imposed if:

1. the violation was inadvertent and not deliberate;
2. the violation did not involve a criminal offense, or accident. or action under 49 U.S.C. Section 44709 which discloses a lack of qualification or competency, which is wholly excluded from this policy;
3. the person has not been found in any prior FAA enforcement action to have committed a violation of 49 U.S.C. Subtitle VII, or any regulation promulgated there for a period of 5 years prior to the date of occurrence; and
4. the person proves that, within 10 days after the violation, he or she completed and delivered or mailed a written report of the incident or occurrence to NASA under ASRS. See paragraphs 5c and 7b.
Note: Paragraph 9 does not apply to air traffic controllers. Provisions concerning air traffic controllers involved in incidents reported under ASRS are addressed in FAA Order 7210.3.
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It is a good idea to fill out the NASA ASRS forms, but it is not the "get out of jail free" card of popular myth. It will help in cases of unintentional and minor transgressions by removing fines and penalties from enforcement. You still get to explain the violation in an interview however. In either event, its a good idea to fill them out and an even better idea to read reports in the database from time to time here:

http://asrs.arc.nasa.gov/report_sets.htm

Actually, for more current ASRS results try this and choose "ASRS Data Query Tool"
https://www.nasdac.faa.gov/servlet/...657.p_sub_siteid=63&317_FOLDER_60657.p_edit=0

 

[KiloBase]

Nasa

A co-worker of mine (former FAA Safety guy) and I a discussion just a few weeks ago about the NASA ASRS forms. He said it isn't a "get out of jail free card" and if the FAA calls you prior to you filing the form it's too late. He said typically with something like that as long as it isn't a Life, Limb, or Eyesight issue, it usually boils down to a talking to from the FSDO, a check out with a CFI, and back to business. I hope everything works out for him.

Mark

 

[apcooper]

I'm not at all saying the NASA form is a get out of jail free pass. All I was saying is if you submit it you still could get a violation but you just won't be penalized. Actually you have 10 days to submit it so you are still safe if the FAA calls if you haven't submitted it within 10 days.

 

[zuka]

1) Did a loss of seperation occur? I only thought ATC would report a violation if you busted an altitude AND a loss of seperation occurred. It seems hard to believe a loss would occur when busting a 2000 ft restriction on app. I can't imagine you would have IFR traffic below you that low.

It could have been a security issue. I think controllers probally have training in recognizing Sep 11th style attacks. If you are on an approach in a major city with buildings around and you are doing something you aren't supposed to it probally raises a red flag more than if you are on an approach to yankee doodle farmville.