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Oh " call the tower"

  • Thread starter Thread starter Vavso
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AVIATION SAFETY REPORTING FORMFAQs For UseATTENTION!Pilots, Air Carriers, Owners and Other Holders of FAA Licenses -Do You Depend on Your License or Certificate For Your Livelihood?•If you have made a mistake and inadvertently violated the FARs, the FAA maytake enforcement action in the form of suspension, revocation, or civil penalties.This Aviation Safety Report (ASR) Form can be submitted in confidence, toNASA to obtain “Sanction Immunity.”•If the FAA proves you committed the violation, it may go on your record, but the“sanction” such as revocation, will be avoided if you properly file this form.•Recommendation:1. Download Tracking Log to maintain a record of submittal of ASR Form(compliments of The Phillip J. Kolczynski Law Corporation).2. Download the ASR Form3. Download Adobe Acrobat Reader (free reader from Adobe, Mac orWindows) to print out both the Tracking Log and ASR Form and keep yourairplane or briefcase in the event that you make a mistake.•If you think you may have inadvertently committed an airspace, separation,communication or any other unintentional violation - FILE the ASR Form!WARNING! An FAA License or Certificate Holder must prove that the ASR Form wasdelivered or postmarked, within ten (10) days of the incident in order toqualify for sanction immunity.FAA Advisory Circular No. 00-46c, explains that you cannot claim “Sanction Immunity“by means of an Aviation Safety Report in any of the following circumstances:•Deliberate actions which violate the Federal Aviation Regulations•Criminal Activity - Remember - Don’t do the crime if you can’t do the time!•Aviation Accidents (an “accident,” distinguished from an “incident” is defined in49 C.F.R. 830.2 as involving death, serious injury or substantial aircraft damage)•FAA confirmed violations within the last five (5) years•Actions revealing a lack of competency or qualifications to hold a licenseWARNING! If you think any of these exceptions may apply to you, retain an AviationLawyer to obtain attorney-client privileged advice before you file the form.If you are involved in criminal activity - Do NOT file the form, contact aCriminal Law Specialist. The form might be used against you if there is anaccident or criminal activity. FAR 91.25.Page 1 of 2
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AVIATION SAFETY REPORT TRACKING LOGCompliments of: The Phillip J. Kolczynski Law CorporationE-mail: [email protected]RL: http://www.aviationlawcorp.comDIRECTIONS FOR USE:1.Download the ASR Form from NASA, then print it from your computer. Youwill need Adobe Acrobat Reader which can be obtained FREE from Adobe at“http://www.adobe.com/Acrobat/readstep.html”2.Do not worry if this form comes out on two or three pages. Use plain paper toamplify the description, if necessary. Simply fasten together the official NASAportions and fill them out by hand. (The Government Form is not designed to becompleted on a computer).3.Make sure you fill in the Identification Strip so that NASA can return it to you,confirming receipt of your report. Don’t rely on the Identification Strip alone asproof of filing. What if NASA doesn’t receive it, and ten (10) days pass --You’llhave no way of proving you satisfied the ten (10) day requirement!4.Recommendation: SUBMIT THE ASR Form to NASA by Certified Mail.Why take a chance on First Class Mail or other delivery methods (ManyCommercial Delivery Services do not certify overnight delivery to P.O. Boxes).Remember, the burden is on the License Holder to prove that the form waspostmarked or delivered to NASA, at the appropriate address listed below, withinten (10) days of the incident.5.Keep a copy of this Tracking Log in your airplane, briefcase, glove compartment,etc.6.Place the correctly addressed NASA ASR Form in a mailing envelope and preparethe envelope in accordance with U.S. Post Office instructions for delivery via“Certified Mail - Return Receipt Requested.” Mail it within ten (10) days of theincident to:NASA Aviation Safety Reporting ProgramP.O. Box 189Moffett Field, California 94035-9800LOGDATE and approximate time OF INCIDENT______/_____/19____Approximate LOCATION of incident______/_____/19____DATE OF CERTIFIED MAILING with Return Receipt______/_____/19____Double check NASA ADDRESS on mailing envelopeCHECK BELOW:YES, I DID _____DATE of return of Certified Mail RETURN RECEIPT ______/_____/19____DATE stamped on IDENTIFICATION STRIP from NASA ______/_____/19____Page 2 of 2
 
So basically filing the NASA form can't be used against you, but it can be used to help you? I'd hate to file a NASA form if I think I may have violated a rule, turns out I didn't but the FAA questions me because of a NASA form submission.

Thanks for the clarification :)
 
FSB99 said:
a related question for the atc folks here.. someone mentioned if the controller in class D tower said simply "standby" that's establishing communication.. i was taught, and i always taught my students, that hearing 'standby' was Not establishing communication, that in fact they needed to respond to you, i.e., say your call sign. i instructed at a pretty busy class D airport, and it got tricky for the students, because sometimes when calling inbound, tower would respond 'cessna xxx, standby.' well, they acknowledged our presence, but told us to stand by.. could we enter the airspace? (common sense nothwithstanding.. obviously we're not going to bust into the traffic pattern without instructions) if they simply said, 'standby' with no call sign, it was assumed to remain clear.

As long as the controller uses your callsign they have established contact and you may enter Class D airspace. (i.e., "Navajo 800SA, stand-by" is considered establishing contact and you may enter Class D.)
 
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Radar Calibration

The next time you have any airspace penetration without two way coms or clearance, just ask the controller the last time they had their radar calibrated! It will make them all fuzzy inside and they will send you on your way with a smile...
 
skyking1976 said:
As long as the controller uses your callsign they have established contact and you may enter Class D airspace. (i.e., "Navajo 800SA, stand-by" is considered establishing contact and you may enter Class D.)

thanks!
 
goaliemn said:
So basically filing the NASA form can't be used against you, but it can be used to help you? I'd hate to file a NASA form if I think I may have violated a rule, turns out I didn't but the FAA questions me because of a NASA form submission.

Thanks for the clarification :)

correct, when you submit a report, it remains totally anonymous, and they send you back a little slip verifying that they have received it
 
I had an experience that made me go Hmmm.

I was coming into NY airspace from the west, talking to NY approach. No problem.

We were going to land at Caldwell to pick up a passenger, and NY held onto us a litle longer than the Caldwell tower liked. When the captain called, the controller said that "they do that to me all the time!!!" and said it would go no further. I made a mental note to get on the other radio and establish contact when in that situation again.

Of course, nowdays it isn't a problem. I just go up the Jersey TP and through the Lincoln Tunnel. In my car.
 
Radar Calibration
The next time you have any airspace penetration without two way coms or clearance, just ask the controller the last time they had their radar calibrated! It will make them all fuzzy inside and they will send you on your way with a smile...


yeah right, all that is is challanging the atc and all they are going to do is write you up for pissing them off. Radar is not perfect but its good enough to tell me someone is in my airspace or not. If you screw up and enter, thats fine, as long as you didn't disrupt my traffic situation or kill anyone then ill send you on your marry way.... if you challange my equipment and make it look like its ATC's fault, then your ass is busted. The radars undergo regular checks just like anything else in the NAS. Thats when we come back and say maybe you should have your dme bench checked or maybe your gps is a piece of **CENSORED****CENSORED****CENSORED****CENSORED**. You pin it on us and we will make sure the paper work is in.

as for the two way communication comment.....yes, if i don't use your callsign and just say "aircraft calling, standby" you can't come in, if i say "Kingair 433GA, standby" then yes, come on in.
 

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