Possilbe airspace violation - NASA form

[goaliemn]

On the question of being busted while flying incognito...

When I was flying air attack, one of my duties was escorting aircraft out of TFR's over fires. Aircraft would bust the TFR to rubberneck the fire, putting a lot of folks in jeopardy, and shutting down fire operations until the offending aircraft was out of the airspace. We regularly intercepted these aircraft and escorted them out of the TFR.

The aircraft registration was noted and passed on for enforcement action. In some cases the pilots were met at their destination after being tracked by request.

The same will certainly happen in other types of temporary airspace, too. I've seen it happen in Class B, as well.

Your best bet is to file the report; don't simply pretend it didn't happen; protect yourself by filing the report.

Exactly. You are never alone no matter where you are. If they want to get your registration number, they can and will. It cost me $4.50 to send it certified return reciept. Small price for the peace of mind.

 

[goaliemn]

ORFlyer,

here's a link to an NTSB case where the NASA return receipt was used in the enforcement NTSB Order

Wow.. I am glad I talked to you guys here first and got some ideas on what to put on the reciept. I put the possible encroachment that was recommended earlier

 

[80/20]

FILE THE FORM ASAP!

Have a friend who was in a somewhat similar situation many years ago (TCA bust). He contacted ATC as soon as he discovered the mistake and ATC got his tail number.

He did not file a NASA report and got 30 days suspension.

 

[avbug]

Be aware that filing the report will NOT save you from the violation. You still get the violation, it still goes on your record. You simply don't serve the violation or pay the penalty. If it's a 90 day suspension, your record will still reflect the suspension...you just don't actually get the certificate suspended for that time period.

As for tracking the aircraft...simply getting your aircraft number isn't enough. Many times the FAA will approach a pilot and idenfity the aircraft as having been doing something illegal...buzzing, whatever. It's the pilot that hangs himself when he puts himself in the airplane. If the pilot is caught in the airplane, that's one thing...but if the FAA has an aircraft number...they have a number. Not a pilot. It's up to you to put yourself in that airplane for the FAA; it's up to you to convict yourself.

Under Administrative law, you're convicted merely by suggestion. However, where you get your say is on appeal. If you have already stipulated that you were the one flying, you've already torpedoed your appeal. Instead, if you have kept quiet and filed your report, you may get violated. In the meantime, under the protection of the ASRS, you don't serve out the violation, and you can get the violation reversed on appeal...remember, it's during the appeal that the FAA must show that you were in the aircraft. If they can't do that, chances are that you will win...unless you did something foolish to give them the evidence to convict you in appeal.

The choice is yours.

 

[goaliemn]

As for tracking the aircraft...simply getting your aircraft number isn't enough. Many times the FAA will approach a pilot and idenfity the aircraft as having been doing something illegal...buzzing, whatever. It's the pilot that hangs himself when he puts himself in the airplane. If the pilot is caught in the airplane, that's one thing...but if the FAA has an aircraft number...they have a number. Not a pilot. It's up to you to put yourself in that airplane for the FAA; it's up to you to convict yourself.

Under Administrative law, you're convicted merely by suggestion. However, where you get your say is on appeal. If you have already stipulated that you were the one flying, you've already torpedoed your appeal. Instead, if you have kept quiet and filed your report, you may get violated. In the meantime, under the protection of the ASRS, you don't serve out the violation, and you can get the violation reversed on appeal...remember, it's during the appeal that the FAA must show that you were in the aircraft. If they can't do that, chances are that you will win...unless you did something foolish to give them the evidence to convict you in appeal.

The choice is yours.

Well, the plane is owned by a club that I have a share in. I don't know how quickly they'll give my name. If I do get a notice, I'll contact AOPA legal services and see what they said. They did mention don't do anything until the appeal process.

 

[avbug]

Well there's an easy soloution for that. Always sign for the airpane in someone else's name!

That's actually a broadbased soloution that has a grounding in many areas. Don't want to deal with credit issues? Buy a car in someone else's name. Use their credit card, too.

Birth control? Leave your own spouse alone, and invite over the neighbor's wife.

And last but not least (don't know why nobody ever remembers to do this...), if you're going to rob a bank, be sure to get your picture taken while wearing someone else's face. Be sure to try to hide the stitches...it detracts from the overall effect.

I don't know why I always have to be the one to think of these things.

 

[80/20]

What can the NASA report do for you?
1) It displays a safety attitude that the FAA will reward by not suspending your certificate.
2) It may still result in a violation but many federal and corporate forms will ask: "Have your certificate ever been suspended" while some of these forms does not ask about violations. In other words the NASA report will at least offer some sort of damage limitation.