The NASA form is more important than ever. A few short
months ago, a new policy came into being which is affecting GA
pilots. Since January 30, 2012, controllers are now required to
submit Mandatory Occurrence Reports (MOR) if pilot actions were a
factor in an ATC safety "occurrence."
This isn't the only FAA Order that went into effect changing the way
air traffic controllers report safety issues. The FAA also
recently implemented Electronic Occurrence Reporting (EOR) for lateral
deviations. This one is particularly important as "loss of
separation" and "altitude deviation" messages are automatically logged
and routed to supervisory controllers. Those supervisors will
query the controller to determine the cause of the
deviation. The supervisor will determine if the alert was an ATC
or pilot error. Source: 7210.632- ATO Occurrence
Reporting (ATOOR)
Both types of reports are sent to a regional quality assurance service
center for processing. The report then goes to the FSDO for
handling if a pilot deviation occurred.
The overall effect has been to cause an increase in the number of
pilot deviations. If you become aware of a deviation, file a NASA
report within ten calendar days. As airspace becomes more
complicated, and ATC looking hard at pilot deviations, your ticket is
at risk.
Using
the NASA Form (PocketLearning)
Practical advice and
tips using the NASA form when you’ve violated the FARs. This 48
page guide will walk you step by step through filing a NASA safety
report. It will tell you the techniques and traps to submit a
good report AND keep your pilot certificate unblemished. You only have 10 days to submit your
report, so this is the tool you want to have ahead of time.
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FAR 91.25
Prohibition Against Use of Report for
Enforcement Purposes
The Administrator of the FAA will not use reports
submitted to the National Aeronautics and Space Administration under
the Aviation Safety Reporting Program (or information derived
therefrom) in any enforcement action, except information concerning
accidents or criminal offenses which are wholly excluded from the
program.
Advisory Circular 00-46D
provides guidance on this program.Relevant sections posted
here:
7. PROCESSING OF REPORTS
NASA procedures for processing Aviation Safety
Reports ensure that the reports are initially screened for:
Information concerning criminal offenses, which will be
referred promptly to the Department of Justice and the FAA;
information concerning accidents, which will be
referred promptly to the National Transportation Safety Board (NTSB)
and the FAA; and Note: Reports discussing criminal
activities or accidents are not de-identified prior to their referral
to the agencies outlined above.
time-critical information which, after
de-identification, will be promptly referred to the FAA and other
interested parties.
Each Aviation Safety Report has a tear-off portion
which contains the information that identifies the person submitting
the report. This tear-off portion will be removed by NASA, timestamped,
and returned to the reporter as a receipt. This will provide the
reporter with proof that he/she filed a report on a specific incident
or occurrence. The identification strip section of the ASRS report form
provides NASA program personnel with the means by which the reporter
can be contacted in case additional information is sought in order to
understand more completely the report's content Except in the case of
reports describing accidents or criminal activities, no copy of an ASRS
form's identification strip is created or retained for ASRS files.
Prompt return of identification strips is a primary element of the ASRS
program's report de-identification process and ensures the reporter's
anonymity.
8. DE-IDENTIFICATION
All information that might assist in or establish the
identification of persons filing ASRS reports and parties named in
those reports will be deleted, except for reports covered under
paragraphs 7a(l) and 7a(2). This de- identification will be
accomplished normally within 72 hours after NASA's receipt of the
reports, if no further information is requested from the reporter.
9. ENFORCEMENT POLICY
The Administrator of the FAA will perform his/her
responsibility under Title 49, United States Code, Subtitle VII, and
enforce the statute and the FAR in a manner that will reduce or
eliminate the possibility of, or recurrence of, aircraft accidents. The
FAA enforcement procedures are set forth in Part 13 of the FAR (14 CFR
Part 13) and FAA enforcement handbooks.
In determining the type and extent of the
enforcement action to be taken in a particular case, the following
factors are considered:
nature of the violation;
whether the violation was inadvertent or deliberate;
the certificate holder's level of experience and
responsibility;
attitude of the violator;
the hazard to safety of others which should have been
foreseen;
action taken by employer or other government authority;
length of time which has elapsed since violation;(8)
the certificate holder's use of the certificate;
the need for special deterrent action in a particular
regulatory area, or segment of the aviation community; and
presence of any factors involving national interest,
such as the use of aircraft for criminal purposes.
The filing of a report with NASA concerning an
incident or occurrence involving a violation of 49 U.S.C. Subtitle VII,
or the FAR is considered by FAA to be indicative of a constructive
attitude. Such an attitude will tend to prevent future violations.
Accordingly, although a finding of violation may be made, neither a
civil penalty nor certificate suspension will be imposed if:
the violation was inadvertent and not deliberate;
the violation did not involve a criminal offense, or
accident. or action under 49 U.S.C. Section 44709 which discloses a
lack of qualification or competency, which is wholly excluded from this
policy;
the person has not been found in any prior FAA
enforcement action to have committed a violation of 49 U.S.C. Subtitle
VII, or any regulation promulgated there for a period of 5 years prior
to the date of occurrence; and
the person proves that, within 10 days after the
violation, he or she completed and delivered or mailed a written report
of the incident or occurrence to NASA under ASRS. See paragraphs 5c and
7b. Note: Paragraph 9 does not apply to air
traffic controllers. Provisions concerning air traffic controllers
involved in incidents reported under ASRS are addressed in FAA Order
7210.3.
Mail
your completed form to:
NASA
AVIATION SAFETY REPORTING SYSTEM
POST
OFFICE BOX 189
MOFFETT
FIELD, CALIFORNIA 94035-0189
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