NASA FORM - how exactly does it help?

[TXCAP4228]

Ok, I did a search on this because I had some time and was curious. I found lots of info on where to download them and info in general on the ASRS.

So here's the question: Exactly what does a NASA form do for you? I know that it helps aviation in general by recording safety trends and all that, but you hear lots of people call it a "get out of jail free" form and that doesn't seem to be the case.

If you do something stupid and file a NASA form, and then the feds track track you down later, what does having filed a NASA form do for you?

I know the feds can't USE IT AGAINST YOU, but that's not the same as calling off the dogs. I wonder if the get out of jail free thing is an urban myth. I figured I'd ask somebody who knows.

 

[midlifeflyer]

Best bet is to read the document.

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

"Get out of jail free" is a nice catchy phrase. The part of the AC that comes closed to it the part that says that, as part of the normal enforcement process,

==============================
although a finding of violation may be made, neither a civil penalty nor certificate suspension will be imposed if:
the violation was inadvertent and not deliberate;
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;
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
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.
==============================

Even if there is ultimately a violation found, the filing of the report permits the pilot to avoid the penalty (fine or suspension).

 

[avbug]

In a nutshell, what use of the Aviation Safety Reporting System will do for you is provide relief from serving the penalty in enforcement proceedings. What this means is that you can still be violated, but you won't experience the penalty that goes with it.

For example, if you receive a 90 day certificate suspension during enforcement action, evidence of acceptable timely filing of the ASRS will mean that your record will show you were violated, that you received a 90 day suspension, but you won't have to surrender your certificate for 90 days. The penalty becomes an administrative one. Likewise, if it's a monetary fine, you still show being violated, but don't have to pay the fine.

You may avail yourself of this protection infrequently; if you use it, don't expect to use it again in the near future. You may not use it if the nature of your violation is illegal, or deliberate.

There is no limitation as to the number of reports you can file, but you should be fully informed as to the advantages and limitations of the system before you file. For example, nothing in the report (provided it's not deliberate or illegal) can be used against you, assuming the FAA learns of it from the report. However, if the FAA learns of it from any other source, then it's fair game, and can be used against you.

The title of your report (description of the event) is not protected. You violate airspace, and file an ASRS report. You list the subject as an "airspace violation." That subject line may be used to start an investigation and to bring enforcement proceedings against you. Use caution.

Reports must be filed in a timely manner, and it's a good practice to keep several forms with you when you travel. File it that day or evening, before you forget details. Always keep a copy for yourself, and keep the returned time and date stamped header slips for your records. If you want to use the filing of these forms in your defense, that's valueable evidence you'll need if you want to avail yourself of the protections under the program.

 

[jetdriven]

make sure you write the certified mail tracking number on the reciept portion of the nasa form, and have the post office date stamp the form and get a photocopy of the front of the envelope with the postage on it. Keep the reciept for the post office, the certified mail green card you get, and the green tag you get when you mail it. keep all this for evidence. You must prove that you sent the letter and that it was recieved.

 

[avbug]

That's a little overkill, but extra evidence is not bad. Your time-stamped receipt from the form itself, returned by NASA, is what will be considered when presenting the report in your defense.

An envelope or other mailing data shows you mailed something. The returned report header, stamped when received, shows that you mailed the report, and that it was received. This is what will be required of you when you present evidence of filing, in your defense.

It should also be noted that filing of the ASRS report is generally taken to be part of an attitude of compliance, the key word in determining just how stiff a fine or penalty you'll get.