Possilbe airspace violation - NASA form

[goaliemn]

I may have inadvertaintly entered class D airspace tonight during a flight. There were some extreme crosswinds more than I had ever experienced before (I've had my license for alittle over a year) and all of a sudden, I noticed I was a bit closer than usual to a Class D airport. I immediately flew away fro the airport and continued on my way.

Should I report this on a NASA form? I don't know for sure if there was a violation, but I'm trying to help cover myself. I was reading in some other posts that if you put something liike "Possible airspace violation" in the "situation" line it could cause an investigation against me.

Thanks

 

[banned username 2]

The NASA forms are not given to the FAA... If you are that worried, file one... Odds are that the Class D controlling agency didn't even realize you entered their airspace, secondly even if you did, if you didn't cause any kind of separation conflict they aren't going to go through the hassle and the paperwork (especially seeing as you left right away...) to violate you.

Honestly, I wouldn't worry about it, but if you are going to file the form, put down "Possible Airspace Encroachment"... You'll be fine... Don't sweat it... Now if it was Class B you entered, that might be a different story.

 

[avbug]

The body of the ASRS report may not be used by the FAA for enforcement purposes, but the title line of the report, the form you get back, can. It is not protected.

If you present the receipt with the title line to the FAA to show that you have made a timely filing of the ASRS report, that title line can be used against you.

Most of the time when an aviator is subject to enforcement proceedings, it's the aviator him or herself who has provided the evidence to seal the action. It may be simply admitting being in the airplane, or stating that one did this or that. But very often, the FAA doesn't proceed until the airman has already implicated himself or herself.

By stating on the title line that you made a violation, you have handed the FAA a confession. Don't include the phraseology "violation," or any other terminology that implies you made an error. You might instead simply put "airspace issue," or "class D airspace." This is generic enough that you will have a reference to the purpose of that report, but also generic enough that it makes no incriminating suggestion toward you or your actions.

Remember that under the administrative law which binds the FAA enforcement actions, you are guilty until proven innocent. You already have a great deal against you; avoid anyting which may strengthen the FAA case or weight the scales that are already tipped against you, in the favor of the FAA.

 

[goaliemn]

Well, the Class D space was under a class B shelf. I believe I was under a shelf with a floor of 3000 ft. Part of the Class D was under a 2300ft floor. I don't think theres anyway possible I got that far into the Class D, as that floor is darn near over the runways and I didn't get anywhere near that close. I was at 2500 ft. Should I throw a paragraph in saying that there was a lower floor directly over the airport, or should I leave that out?

Thanks for the help guys

 

[goaliemn]

Well, I talked to someone at AOPA legal and they said I should go ahead and file the form. He did recommend wording like you guys did on the identity strip to prevent other issues with the FAA.

He also agreed most controllers wouldn't deal with the hastle of the paperwork as long as I headed outbound, which I did, and if I did actually enter it, it was just barely. I'd say .25-.5mi tops.

One last one.. Should I send it just regular mail or certified/reciept? I'd like to keep the papertrail to a minimum on this, and that would add another one..

 

[banned username 2]

Should I send it just regular mail or certified/reciept? I'd like to keep the papertrail to a minimum on this, and that would add another one..

I would send it Certified with a Return receipt of delivery confirmation. For the couple bucks it will give you further peace of mind...

You'll be fine, don't lose any sleep over it...

 

[goaliemn]

I would send it Certified with a Return receipt of delivery confirmation. For the couple bucks it will give you further peace of mind...

You'll be fine, don't lose any sleep over it...

Yeah.. I'm trying to not worry about it. Thanks for all the reassurances

 

[carlos]

I have a question. If you are VFR, not on flight following or any other contact with ATC, how do they know who you are? With goaliemn's situation, for instance, how would ATC even determine that it was him? Seems you could just go on your way, land VFR at some uncontrolled airport, and there's no way that ATC could come after him even if they wanted to. Just curious.

 

[goaliemn]

I have a question. If you are VFR, not on flight following or any other contact with ATC, how do they know who you are? With goaliemn's situation, for instance, how would ATC even determine that it was him? Seems you could just go on your way, land VFR at some uncontrolled airport, and there's no way that ATC could come after him even if they wanted to. Just curious.

The only thing I could think of if there was a police helicopter, or maybe another helicopter/plane that was in contact with the tower, and they asked that plane to get my tail number. The plane I was flying had the big n-numbers on it, so it wouldn't be tough to get with a pair of binocs.

I did land at a towered airport later in the day, but I don't know if something like "We're looking for Nxxxx. let us know when he lands" would be sent to other towers/ATC agencies.

 

[banned username 2]

I did land at a towered airport later in the day, but I don't know if something like "We're looking for Nxxxx. let us know when he lands" would be sent to other towers/ATC agencies.

Honestly, the only time something like this might occur would be if you busted class B airspace, and busted it in a big way... Again, 99.5% of Class D controlling agencies wouldn't even know (or really care) that you were inside their airspace by 1/2 mile or so, especially that you left immediately... They simply do not want to do the work (paperwork)...