Potential Violation and ASAP/NASA Forms

[Way2Broke]

A NASA report does NOT protect you from a license suspension. However, it certainly lessons the blow of any suspension that they hand down.

 

[rickair7777]

A NASA report does NOT protect you from a license suspension. However, it certainly lessons the blow of any suspension that they hand down.

It does protect you from revocation or suspension, but not from the violation...however they may save their time and energy and let you off with a warning rather than pursue a violation that has an associated NASA form.

 

[ikillbigfoot]

From what I heard from the ALPA lawyer, she said as long as it wasn't intentional, and you fess up and fill out the NASA and ASAP. It will be immune. It is kind of a free 'get me outta jail card' that is only allowed to be utilized once per five years. The deviation was over a VOR on the arrival and the aicraft deviated about 5.3 miles left of course causing a TCAS TA (only). Controller was female and she seemed to busy to get bent out of shape.

 

[Way2Broke]

I have a freind that recieved a 30 day suspension for clipping a presidential TFR by half a mile while doing survey work. She filed a NASA report the next morning. The Feds did drop the careless and wreckless, but stuck to the Airspace violation. So I know for a fact that it does NOT. If the Feds determine that you where "grossly negligent" then you are screwed. In your friends case I would say with a great amount of confidence that this will not happen.

 

[rickair7777]

I have a freind that recieved a 30 day suspension for clipping a TFR by half a mile. She filed a NASA report the next morning. The Feds did drop the careless and wreckless, but stuck to the Airspace violation. So I know for a fact that it does NOT. If the Feds determine that you where grossly neglangent then you are screwed. In your friends case I would say with a great amount of confidence that this will not happen.

Go Here: http://asrs.arc.nasa.gov/immunity_nf.htm
Read paragraph 9c

The situation being discussed on this thread is clearly accidental.

In the case of a TFR bust, I suspect that cause of the violation was NOT accidental...your friend probably told them she "didn't know about the TFR"...OOPS. Not knowing about a NOTAM is indicative of failure to get an appropriate departure briefing, an FAR required item. This would be considered not accidental in that she had plenty of time to think about and remember...so they ASSUME that she intentially left without the brief, fully aware that she was blowing it off.

If she had told them that she knew about the TFR, set up a VOR to avoid it, but screwed up the VOR frq...THAT might have been accidental...

Departing with known maintenance discrepencies is also considered not accidental.

 

[Way2Broke]

For more information on NASA reports you can refer to this AC. Sorry for highjacking the thread.

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

Edit: You beat me too it. I'm not quite sure the details of what she did or did not tell the investigator. I'm not at liberty to put words in her mouth. THe only point that I was trying to make is that it is not always true that filing a NASA report will protect your license. She went on to have a sucessful aviation career, but it still comes up on interviews. I think the saving grace was that she was very low time and she is not afraid to talk about it.

 

[Guitar rocker]

I know someone who went through the exact same thing about 4 months ago. It was a 91 flight and they blew right through the course. FO was flying it at the time. They were told to call the TRACON which they did. The controller said that there would be no action taken but later the PIC received a letter in the mail that he was under investigation. FO filled out a NASA form but PIC didnt care at all about doing the same m(he was an owner/operator). End result was that nothing happened to the FO and they did some re-training for the captain. He did not get a violation but got a little black mark. The fed involved was more than lenient.

 

[rickair7777]

For more information on NASA reports you can refer to this AC. Sorry for highjacking the thread.

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

Edit: You beat me too it. I'm not quite sure the details of what she did or did not tell the investigator. I'm not at liberty to put words in her mouth. THe only point that I was trying to make is that it is not always true that filing a NASA report will protect your license. She went on to have a sucessful aviation career, but it still comes up on interviews. I think the saving grace was that she was very low time and she is not afraid to talk about it.

I think what catches people is the "unintentional" aspect of the violation. If you depart the airport without having done something you should have (such as verify Wx or airworthiness) they seem to consider that intentional negligence.

 

[Ralgha]

Seems that some of you are confusing NASA and ASAP. They're two totally different programs, and ASAP is much better than NASA in protecting the pilot, but still only if you fill it out. Apparently the FO filled out an ASAP report, so as someone already said, not all that much will happen to him in all likelyhood. Apparently the captain didn't fill one out, so all the fit that hit the shan is going to land on him.

 

[Axel]

Moral of the story:

When in doubt, fill one out.