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Cessna Over DC -- NASA Form?



 
 
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  #1  
Old May 12th 05, 02:10 AM
Mike Granby
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Default Cessna Over DC -- NASA Form?


If they file a NASA form, will it save their tickets?

  #2  
Old May 12th 05, 02:21 AM
Gary Drescher
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"Mike Granby" wrote in message
oups.com...

If they file a NASA form, will it save their tickets?


According to the ASRS immunity policy
(http://asrs.arc.nasa.gov/immunity_nf.htm), if they file ASRS forms in a
timely manner, and if their violation was inadvertent, and if they haven't
been found to have committed another FAR violation within the past five
years, then no civil penalty or certificate suspension can be imposed. (I
doubt that a student pilot flying with his CFI could be found to have
violated the FARs by getting lost, in any event.)

--Gary


  #3  
Old May 12th 05, 02:23 AM
John T
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"Mike Granby" wrote in message
oups.com

If they file a NASA form, will it save their tickets?


hmph

Nice try, though.

--
John T
http://tknowlogy.com/TknoFlyer
http://www.pocketgear.com/products_s...veloperid=4415
____________________


  #4  
Old May 12th 05, 03:27 AM
Maule Driver
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Is it too naive to think that if they file, and some time passes, and the
story disappears from the headlines that they *might* get away without
punishment.

Hee hee

Of course, the best legal minds could be deployed and these guys would get
(deservedly) trashed.

"Mike Granby" wrote in message
oups.com...

If they file a NASA form, will it save their tickets?



  #5  
Old May 12th 05, 04:08 AM
Jonathan Goodish
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In article ,
"Gary Drescher" wrote:
According to the ASRS immunity policy
(http://asrs.arc.nasa.gov/immunity_nf.htm), if they file ASRS forms in a
timely manner, and if their violation was inadvertent, and if they haven't
been found to have committed another FAR violation within the past five
years, then no civil penalty or certificate suspension can be imposed. (I
doubt that a student pilot flying with his CFI could be found to have
violated the FARs by getting lost, in any event.)



"Getting lost" isn't the violation, the violation is busting the ADIZ
and then prohibited airspace.

It doesn't look like this was a student and CFI, it looks like this was
a student and an older private pilot, experience unknown.

Frankly, I'm not sure how you can screw up that badly. I can see
clipping the ADIZ, but to come within 3 miles of downtown, or even close
to that, is penetrating pretty far into where they were not supposed to
be. I will be interested to hear if any further explanation is
forthcoming, because I'd really like to understand how a VFR pilot makes
such a huge mistake unless the pilot was not proficient and did not
adequately prepare for the flight. I'm also not sure that I'd be flying
around down in that area without some type of ground or sat-based
navigation instrument to help ensure that I avoid the ADIZ. The entire
thing is a little puzzling.

If there are no consequences for busting the ADIZ, you might as well not
have the ADIZ. I think the ADIZ is nothing but feel-good BS for the
self-serving politicians, but take that away and you still have Class B
airspace and prohibited areas, which appear to have been violated.



JKG
  #6  
Old May 12th 05, 04:13 AM
Mike Rapoport
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"Gary Drescher" wrote in message
...
"Mike Granby" wrote in message
oups.com...

If they file a NASA form, will it save their tickets?


According to the ASRS immunity policy
(http://asrs.arc.nasa.gov/immunity_nf.htm), if they file ASRS forms in a
timely manner, and if their violation was inadvertent, and if they haven't
been found to have committed another FAR violation within the past five
years, then no civil penalty or certificate suspension can be imposed. (I
doubt that a student pilot flying with his CFI could be found to have
violated the FARs by getting lost, in any event.)

--Gary


Read 9 (c) (2) on your link. I would say that violating the airspace
constituted a lack of competency.

Mike
MU-2


  #7  
Old May 12th 05, 04:16 AM
Gary Drescher
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"Jonathan Goodish" wrote in message
...
If there are no consequences for busting the ADIZ, you might as well not
have the ADIZ.


Nevertheless, under current law and policy, there can be no enforcement
consequences if the ASRS immunity conditions are met (inadvertent,
non-criminal violation; no accident; ASRS report filed within ten days; and
no prior finding of FAR violation within five years).

--Gary


  #8  
Old May 12th 05, 04:35 AM
Larry Dighera
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On Wed, 11 May 2005 23:16:28 -0400, "Gary Drescher"
wrote in
::

Nevertheless, under current law and policy, there can be no enforcement
consequences if the ASRS immunity conditions are met (inadvertent,
non-criminal violation; no accident; ASRS report filed within ten days; and
no prior finding of FAR violation within five years).


Would that preclude remedial training, testing?
  #9  
Old May 12th 05, 04:37 AM
Dave S
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Gary Drescher wrote:

"Jonathan Goodish" wrote in message
...

If there are no consequences for busting the ADIZ, you might as well not
have the ADIZ.



Nevertheless, under current law and policy, there can be no enforcement
consequences if the ASRS immunity conditions are met (inadvertent,
non-criminal violation; no accident; ASRS report filed within ten days; and
no prior finding of FAR violation within five years).

--Gary



I know first hand of a pilot who busted a presidential TFR.. had the
F-16's flying off his wing. He was grounded for a few months. I dont see
how the NASA form saved him any.

Dave

  #10  
Old May 12th 05, 04:42 AM
Gary Drescher
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"Mike Rapoport" wrote in message
news
Read 9 (c) (2) on your link. I would say that violating the airspace
constituted a lack of competency.


Almost any accidental violation that would be reported on an ASRS form shows
a failure of competency. Section 44709 allows the FAA to suspend or revoke a
pilot's license if a re-examination of the pilot shows that the pilot cannot
fly safely. But there's no provision under Section 44709 to take any
*punitive* action.

--Gary


 




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