Filing a NASA Form -- Pitfalls

TomReynolds writes:

"Be careful when you file a NASA form protecting you from enforcement action by the FAA. You will still have the violation on your record until 5 years of no citation activity unless you take the case to the NTSB and win. Also be careful how you describe the event on the return stub.

If you have to prove that you filed a NASA Form and show the FAA the stub, they can use your description of the violation as proof in their case in chief. So use some obscure description that does not describe the violation such as "event of (date) on trip to (place)".

Remember that in order for the NASA form to save you from the FAA dispossessing you of your certificate,

  • the violation must not have been willful;
  • there must have been no criminal activity;
  • the event must not have involved an accident (as defined by NTSB -- meaning no death or serious injury or no substantial damage to aircraft. Of course, the definition of the words "serious" and "substantial" are what brings about litigation before the NTSB and an Administrative Law Judge);
  • there must be no lack of competency of qualification (e.g., flying a multi-engine aircraft with a single engine certificate);
  • and there must have been no violation within the past 5 years (meaning that no "order" by the FAA was issued in reference to any violation within the last 5 years)."

[Ed. You can find further details at the NASA Aviation Safety Reporting System website, along with copies of their newsletter - Callback and the Immunity policy ]

Tom Reynolds, Esq.
Reynolds Law Firm
P.O. Box 30653
Worcester, MA 01603
(508) 791-9600 Telephone
(888) 909-8205 Facsimile
tomreynolds99@msn.com"

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ASRSPoll.jpg
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