Last time I checked the FAR's were law.....
How long has it been since you checked? 14 CFR, or Title 14 of the Code of Federal Regulations, is not "law," it's regulation. Federal laws are found in the USC, or United States Code, and are passed by congress (or state laws, which are passed in state legislature). Try again.
last time I checked, there were FAR's regarding operating an aircraft in a reckless and dangerous manner as well as operating the aircraft while under the influence of alcohol.
FAR is officially the title of the Federal Acquisition Regulation, but that's a different story for a different time.
You are correct; 91.13 applies specifically to careless and reckless behavior, and if you'll read my post again, you'll note that I already addressed it. But let's visit it again. Operation of an aircraft on the ground or in flight in a careless or reckless manner is a catch-all that's applied to most enforcement proceedings. Not all, but a great many. If you can't be had under other regulation, 91.13 can be used to hang you. Don't have a current chart on board? 91.13 could be used. Didn't call for a breifing before you left? You're required to...among other regulations, 91.13. Took an aspirin this morning? You guessed it...91.13 can and has been used. A very versatile regulation for pinning your butt to the carpet, regulatorily.
Operating under either or these (edit--operating an aircraft in a reckless and dangerous manner as well as operating the aircraft while under the influence of alcohol) cannot be excused by the ASRS program as they are done with criminal intent! You don't accidentally fly under the influence!
The ASRS program is about safety, and reporting safety related items for the benifit of others. You may be very surprised to find that indeed a number of alcohol related topics appear in the ASRS database. For example, a first officer notes that upon boarding, he was given a small candy by the flight attendant, which he ate. He subsequently learned that the candy contained some alcohol. The flight returned to the gate and a new crewmember was called. You'll find many such cases, showing prudent thought, rational action, and these are very appropriate in the data base. A pilot who discovers that his crewmate is impaired, during the course of the flight, submits a report. An appropriate useage, especially if later the FAA comes calling and attempts to include the sober pilot by suggesting that he allowed his crewmate to fly impaired. You'll find many alcohol related entries in the ASRS database. Try reading it some time.
As for "accidentally flying under the influence," think again. Pilots have been poisoned, overcome by carbon monoxide, experience hypoxia, and a host of other conditions that have done exactly the same thing to their ability and performance as several good stiff drinks. Piltos ahve inadvertantly consumed alcohol...possibly impaired, possibly not...but certainly possible to get busted on a spot inspection. You'll find many, many reports of untintentional impairment or operation under the influence of a number of impairing agents in the database. Again, try reading it some time.
You don't accidentally operate dangerously!
Wrong. Many pilots who are violated haven't gone out to do so intentionally. Their actions may later be deemed inappropriate. They may have made an error or mistake. But many violations are certainly not deliberate...people make dangerous acts often times without intending to do so. You submit that people do not do this, than any dangerous or unsafe act must be intentional. Such arrogant thinking is dead wrong. It's also not consistent with common enforcement action against pilots involved in such actions.
The ASRS's program is designed for ACCIDENTAL mistakes like altitude deviations and landing on the wrong runway!
Very, very wrong. Again. (Keep it up, you're getting good at it...or quit while you're ahead. that would really be best for you).
The ASRS is designed to record and collect reports that can contribute to safety. It was never intended to be a legal nirvana. Ideally, the ASRS will record every safety related event that occurs; all of them. Those establishing the ASRS quickly realized, however, that pilots and others would be very reluctant to provide any information which might incriminate them or make them liable. The provision was then established that the ASRS reports would be kept anonymous, so long as they didn't describe criminal acts or intentional violations, and that these anonymous reports would not be permitted to be used against the pilot. That is, the report alone, if a covered report, couldn't be the first source of discovery for the FAA.
This is an important point to understand. The FAA can still use the report, or parts of it, against you. The FAA cannot learn of a covered incident in a report, and then pursue the actions on the merit of that one discovery. This is why I indicated previously that you should not disclose the fact that you have filed your ASRS report until necessary. It won't do you any good until appealing enforcement action anyway, and your assertion that you've filed the report is not protected in the same way the report itself is; if the FAA learns anything from your assertion, or the title of the report itself (on the strip that's returned to you), it may be, and almost certainly will be used against you.
Remember, you don't have any right to remain silent, nor to an attorney, nor any of the other "miranda" rights. You're already guilty; don't give the FAA anything to use against you. You may be invited for an informal conference. Just chit-chat, you think. Your purpose there is to testify against yourself, and that's how it's going to be used. Anything you do or say is the same way. Keep your mouth closed outside your attorney's office, and don't believe any of your own hot air about feeling good, doing the right thing, or public thanks.
The ASRS program was never designed for your protection. It was designed as a gathering program for safety related information. The FAA has graciously agreed that while it will proceed with enforcement action against you, you won't serve the penalty if the report was filed in a timely manner and is a covered report.
In all the years of the program, there has never been a breach of confidentiality, and that's important to the integrity of the program. But there have been a lot of pilots violated who were foolish enought make admissions where they shouldn't, or who submitted reports that they thought would cover them, and didn't. Further, while the report itself can't be used as the evidence against you if it's a covered report, it can certainly alert the FAA as to where to start looking. If you file the report, keep your mouth shut and your pen lid on...and don't reveal it until discussing appeals to enforcement action.
As for spouting off bad advice.....if I had a nickel for every piece of incorrect nonsense you've said on here I could change my last name to Gates and have people call me Bill.
Awright, Bill. Pick your gauntlet. List the incorrect nonsense, if you will. I've got all day.
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