Navigation Deviation & ASAP/NASA Reports

[ikillbigfoot]

I know someone who was involved with a navigation deviation a few days ago and blew threw their course on a STAR thus causing a TCAS TA (only). He is an FO and he was the pilot flying. He filled out an ASAP in the required 24 hrs and has also sent in a NASA report. The TRACON asked to have the crew call in. The result is the CAPT is getting a violation and he (FO) hasn't been called yet by anyone including the chief pilot (who said he knows), the FAA or TRACON. He's on probation with a regional. What do you think will most likely happen to him (ie worst-best) and and how soon after the incident. Apparently as of now the TRACON wants the Capt's butt.

 

[GravityHater]

How?
Did they get off nav mode and onto hdg somehow?

Maybe enter in the wrong star??

 

[charter dog]

As you are probably aware, the TRACON does not actually violate anyone. It's not their job. When a loss of IFR separation occurs, a report of the incident may be required by policy under a number of circumstances. Being asked to contact the facility by phone sometimes results in a discretionary judgement by the person on the other end of the phone that the matter need go no further. But where policy demands otherwise, any information gathered from the pilot during this phone conversation may become a part of that report. If that report is forwarded to the FSDO, a safety inspector will be assigned to investigate the incident. That investigation may include reviewing RADAR data, ATC voice recordings and interviewing the controller(s). And of course the pilots involved. Contact with an inspector is usually the first indication that a possible enforcement investigation is under way. Anything said to the inspector may be used as evidence in any enforcement action.

Qualified aviation legal consultation should be sought by these pilots at the earliest opportunity. The legal advice obtained may prevent the situation from becoming worse than it has to be. Beyond that, I can only say that any legal advice should come from a qualified professional specifically experienced in the area of pilot enforcement actions. There is no reason to believe that the company's interests are coincident with the pilot's interests, so be careful about the creation of company documents related to this incident before having that consult.

Best of wishes to your friend. This kind of thing could happen to anybody. Only a moment of distraction...

Best,

 

[KeroseneSnorter]

The TRACON asked to have the crew call in. The result is the CAPT is getting a violation and he (FO) hasn't been called yet by anyone including the chief pilot (who said he knows), the FAA or TRACON. He's on probation with a regional. What do you think will most likely happen to him (ie worst-best) and and how soon after the incident. Apparently as of now the TRACON wants the Capt's butt.

To quote an FAA guy that I know, "The F/O is automatically assumed to be stupid, and the Captain is in command and should have known to watch out for the stupid actions of the F/O."

Bottom line, it is the Captains airplane at all times, good and bad. He will most likely be the only one hung with the violation.

 

[midlifeflyer]

Has the captain filed a NASA report? If he hasn't and the 10 days isn't up, he should consider doing it now. As charter dog said, he should definitely be getting legal counsel immediately, but the NASA report =properly= filled out won't hurt and may make the difference down the road in terms of whether a penalty is imposed, if it goes that far.