From: aviator@athena.mit.edu (Joakim Karlsson)
Subject: Aviation Safety Reporting System (was Re: Questions about airspace...)
Followup-To: rec.aviation
Keywords: ASRS
Organization: Flight Transportation Associates, Cambridge, MA
Distribution: usa
Date: Thu, 23 Jul 1992 15:11:29 GMT

There seems to be some confusion about the Aviation Safety Reporting
System (ASRS), and what filing an ASRS report (NASA ARC Form 277) will
do for you.  As usual, there is a reference for this (FAA Advisory Circular
AC 00-46C, February 4, 1985).  I'm providing some quotes from it below:

5. Prohibition Against Use of Reports for Enforcement Purposes
   a. Section 91.57 of the Federal Aviation Regulations (14 CFR 91.57) [note
that the number may have changed since the reorganization of Part 91] prohibits
the use of any report submitted to NASA under the ASRS (or information derived
therefrom) in any disciplinary action, except information concerning criminal
offenses or accidents which are covered under paragraphs 7a(1) [criminal
offenses] and 7a(2) [accidents].
   b. When a violation of the Federal Aviation Regulations comes to the
attention of the FAA from a source other than a report filed with NASA under
ASRS, appropriate action will be taken.  See paragraph 9.
.
.
.

9. Enforcement Policy
   a. It is the policy of the Administrator of the FAA to perform his
responsibility under the Federal Aviation Act for the enforcement of the
Act and the Federal Aviation Regulations...
   b. In the determining the type and extent of the enforcement action to be
taken in a particular case, the following factors are considered:
.
.
    (4) Attitude of the violator;
.
.
   c. The filing of a report with NASA concerning an incident or occurrence
involving a violation of the Act or the Federal Aviation Regulations is
considered by the 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:
    (1) The violation was inadvertent and not deliberate;
    (2) the violation did not involve a criminal offense, or accident, or
   action under section 609 of the Act which disclose a lack of
   qualification or competency, which are wholly excluded from this
   policy;
    (3) The person has not been found in any prior FAA enforcement action
   to have committed a violation of the Federal Aviation Act, or of any
   regulation promulgated under thhat Act for a period of 5 years prior
   to the date of the occurrence; and
    (4) 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...
Note: Paragraph 9 does not apply to air traffic controllers...

Well, there you have it.  In summary, it would seem that in most cases,
filing an ASRS report cannot hurt, and may provide you with some immunity
against civil penalty or certificate suspension (but only once every
five years!).  Also, make sure you retain the identification strip section
of the form, which is mailed back to you by NASA.

...Joakim
--
Joakim Karlsson            | aviator@athena.mit.edu
Flying Fanatic in Training | Air: PP-ASEL  CAP: Freedom 110 Mobile  FCC: N1JHW
                 "Oh, I have slipped the surly bonds of earth
                And danced the skies on laughter-silvered wings"
Newsgroups: rec.aviation