Several times throughout the year I present a seminar to pilots titled, "Understanding the FAA Enforcement Process". The purpose of the seminar is to educate pilots about their rights and obligations if they become involved in an enforcement action pursued by the FAA to either suspend or revoke their certificate. In short, if an airman commits a violation of a Federal Aviation Regulation (FAR), then the FAA has the authority to revoke or suspend an airmen's certificate for that violation. There exists an administrative legal process whereby the airmen forces the FAA to prove that the violation occurred and that the sanction sought is warranted. These administrative trials are heard by National Transportation Safety Board (NTSB) Administrative Law Judges. Not surprisingly the process of going to trial on a revocation or suspension action is expensive and time consuming.
Most general aviation pilots have little to no knowledge of the enforcement process. Private Pilot & Sport Pilot training do not cover this topic. In the absence of training, most pilots are unaware of a very useful resource that can assist them in avoiding an enforcement action altogether. In an effort to improve safety in the National Airspace System, the federal government created the Aviation Safety Reporting System (ASRS). Through the ASRS, an airman can submit a report, without giving identifying information, that describes an incident, operation, or procedure that could create a hazard to aviation safety. The ASRS report is submitted to NASA, which has no enforcement authority. NASA then redacts any identifying information and compiles the safety information for action within the National Airspace System.
Why does this matter to GA pilots? The answer is simple and straightforward-- if an airmen submits an ASRS form in relation to an incident that is directly related to an FAA enforcement action, then the airmen is immune to disciplinary action by the FAA. See 14 C.F.R. section 91.25. However, there is an exception, if the ASRS pertains to an accident or criminal activity, then the immunity does not apply.
Allow me to demonstrate with two examples. Recently I was flying through Class C airspace with a VFR clearance. I received an instruction from ATC that I did not understand. I asked the controller to repeat the instruction twice. The controller repeated the instruction twice, but I did not understand what she wanted me to do. I then explained that I did not understand and the controller amended her instruction and told me to fly a heading. During the time that our communication exchange occurred it is possible that I may have flown too close to aircraft being sequenced for landing at the Class C airport. I don't know. To protect myself, I filed an ASRS to identify the problem...namely the use of language and phrasing by ATC with a VFR pilot that was confusing. Should the FAA seek to pursue any type of enforcement action against me, I am immune from any sanction because I voluntarily reported the incident to NASA.
Now consider an instance where the airmen would not get the benefit of the ASRS immunity. Earlier this month a private jet crashed while attempting to land in Aspen, Colorado. If the surviving first officer were to file an ASRS form pertaining to the accident, then NASA would be obligated by law to share the identifying information with the FAA and the airmen would not get the benefit of the immunity policy. Remember, criminal activity and the occurrence of an accident will prohibit the airman from being eligible to claim the protection of the immunity policy.
There exists more information about the ASRS form and the immunity policy. If you are contacted by the FAA in relation to an enforcement action, then call Ronnie Gipson at (415) 692-6523 or email him at Gipson@higagipson.com to discuss whether or not you can utilize the ASRS form to avoid suspension or revocation of your certificate.
