Potential Class B Bust

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I think I would tend to agree with the others in the NG regarding the
ASRS form and get a second opinion, but quickly. Here is the text
directly from AC 00-46D, paragraph 9:

"c. 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 Mure violations. Accordingly,
although a tiding 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,& 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 SC and 7b.
N&e: Paragraph 9 does not apply to air traffk controllers. Provisions
concerning air traffic
controllers involved in incidents reported under ASRS are addressed in
FAA Order 7210.3.G, Facility
Operations and Administration."

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...


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