Page 10 - Volume 12 Number 12

NASA Reports:
File Early and Often
by Scott Williams, Esq.
Many pilots have heard of the Aviation Safety Reporting System – ASRS for short. More affectionately known as the “NASA Report.” Even for those who have filed one, the procedures and scope of protection for this report are often unclear.
What is a NASA Report?
In the early 1970s, there was no way for a pilot to report an unsafe event to the FAA without fear that the submission could be used against him/her. As a result, NASA was designated as an independent third-party to collect safety data and protect the confidentiality of the submission.
What are the bene ts of ling?
As specified in Advisory Circular 00-46E, the FAA considers the filing of an ASRS Report “to be indicative
of a constructive attitude ... which will tend to prevent further violations.” As such, if the Report is filed and meets certain criteria (specified below), the FAA will not normally seek to enforce the penalty for most violations. The penalty itself doesn’t go away, but the enforcement action (i.e., a 30-day suspension) won’t be imposed.
Timing is Everything
To have any protection
at all, an ASRS Report
must be filed in a timely
manner. The filer has a
10-day period to file from
the date he/she knew (or
should have known) about
the event. The first part
is simple – if ATC says,
“Possible pilot deviation
... when you land, call
this number,” the clock starts ticking that day. On the other hand, let’s say instead that you taxied across a runway hold line without a clearance, ATC never told you and the first you learn about this is a Letter of Investigation in the mail from your local FSDO. In this case, the date you received the letter starts your 10- day clock. While you could fill out a form and mail it to NASA, the most reliable submission method is online. At the end of the process you will receive an electronic confirmation to store as proof of submission.
When does an ASRS Report not help?
There are many restrictions on using an ASRS Report to avoid a penalty.
They include:
= The violation must not be a criminal offense;
= The event must not be an “accident”, but can be an “incident”;
= The violation must not be an action related to pilot qualifications, such as the lack of a BFR (biennial flight review) or valid medical;
= The violation must have been “inadvertent and not deliberate”;
= The filer must not have any violations within the preceding five years.
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8 • KING AIR MAGAZINE
DECEMBER 2018