Re: Can enforcement action result from a NASA Form?
- From: "Chris G." <nospam@noemail>
- Date: Thu, 29 Sep 2005 10:30:22 -0700
Quoting from: http://asrs.arc.nasa.gov/immunity_nf.htm
5. PROHIBITION AGAINST THE USE OF REPORTS FOR ENFORCEMENT PURPOSES
1. Section 91.25 of the Federal Aviation Regulations (FAR) (14 CFR 91.25) prohibits the use of any reports 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(l) and 7a(2).
2. When violation of the FAR comes to the attention of the FAA from a source other than a report filed with NASA under the ASRS, appropriate action will be taken. See paragraph 9.
3. The NASA ASRS security system is designed and operated by NASA to ensure confidentiality and anonymity of the reporter and all other parties involved in a reported occurrence or incident The FAA will not seek, and NASA will not release or make available to the FAA, any report filed with NASA under the ASRS or any other information that might reveal the identity of any party involved in an occurrence or incident reported under the ASRS. There has been no breach of confidentiality in more than 20 years of the ASRS under NASA management.
<skipping down a few bullets>
7. PROCESSING OF REPORTS
1. NASA procedures for processing Aviation Safety Reports ensure that the reports are initially screened for:
1. Information concerning criminal offenses, which will be referred promptly to the Department of Justice and the FAA;
2. 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.
3. time-critical information which, after de-identification, will be promptly referred to the FAA and other interested parties.
<skipping down a few bullets>
9. ENFORCEMENT POLICY
1. 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.
2. In determining the type and extent of the enforcement action to be taken in a particular case, the following factors are considered:
1. nature of the violation;
2. whether the violation was inadvertent or deliberate;
3. the certificate holder's level of experience and responsibility;
4. attitude of the violator;
5. the hazard to safety of others which should have been foreseen;
6. action taken by employer or other government authority;
7. length of time which has elapsed since violation;(8) the certificate holder's use of the certificate;
8. the need for special deterrent action in a particular regulatory area, or segment of the aviation community; and
9. presence of any factors involving national interest, such as the use of aircraft for criminal purposes.
3. 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:
1. the violation was inadvertent and not deliberate;
2. 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;
3. 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
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. 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.
-=-=-=-=-=-=- Federal Aviation Regulation 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.
Chris G.
K. Ari Krupnikov wrote:
I understand that a pilot filing a NASA from is protected from FAA enforcement related to the incident he reports. However, if other parties are named in the report (other N numbers, ATC facilities) and the FAA believes these were at fault, can enforcement action be taken against them?
Ari.
.
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- Can enforcement action result from a NASA Form?
- From: K. Ari Krupnikov
- Can enforcement action result from a NASA Form?
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