Potential Class B Bust

Charlie45 wrote:
So I spoke with an aviation attorney. He recommended that I hold off on
filing the NASA safety report at the moment. Given the situation and
that I really don't believe that I violated class Bravo it would not be
prudent to file the form until I receive the letter from the FAA. The
thought behind this is that I would be admitting to the violation if I
were to file the safety report. I will wait until I have the letter and
see what happens from there...


Does this so-called aviation attorney actually have an aviation
practice? This advice is ludircous for a number of reasons.

1. The ASRS reports, barring a few exceptions like accidents
occurring, can NOT be used for enforcement procedures.

2. The FAA won't even find out you've filed one unless you
tell them.

3. I'm not sure why you are admitting more if you wait until
the FAA comes after you than if you file now...

and FINALLY:

Persuant to AC00-46D, you only have 10 days from the date of the
incident to file the report in order to EVER use it as your FAA
"get out of jail free" card.

Are you sure he didn't mean for you to file and not TELL the
FAA you had filed one until they start the enforcement?

[/color]
Does this so-called aviation attorney actually have an aviation
practice? This advice is ludircous for a number of reasons.

1. The ASRS reports, barring a few exceptions like accidents
occurring, can NOT be used for enforcement procedures.

2. The FAA won't even find out you've filed one unless you
tell them.

3. I'm not sure why you are admitting more if you wait until
the FAA comes after you than if you file now...

and FINALLY:

Persuant to AC00-46D, you only have 10 days from the date of the
incident to file the report in order to EVER use it as your FAA
"get out of jail free" card.

Are you sure he didn't mean for you to file and not TELL the
FAA you had filed one until they start the enforcement?[/quote]


I spoke with another Attorney in the meantime and he said that I should promptly file the NASA report. He also said that the FAA would not find about the filing unless it was something serious (e.g. aircraft accident).

"Ron Natalie" wrote in message
...

Are you sure he didn't mean for you to file and not TELL the
FAA you had filed one until they start the enforcement?

I would think that you shouldn't tell them until they *finish* the
enforcement proceedings. After all, they might decide they can't prove you
did anything wrong (because of altimeter inaccuracy), or they might not
impose a penalty, and so on.

I've always heard that you should file the report, then let whatever happens
happen, and *finally*, if they say that they want to pull your certificate
or fine you, *then* you pull out your ASRS receipt and say "Sorry, I'm off
the hook."

I would think, by the way, that your instructor should file a separate ASRS
report.