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[Topics] [Phillip Kolczynski's Biography]
This section of the Aviation Law Forum is devoted to issues related to FAA License & Certifications:
FAA Aircraft Certification, FAA Airman Licensing,
Certificate Actions - Suspension, Certificate Actions - Revocation,
Emergency Revocation, Administrative Sanctions,
Civil Penalties, Remedial Training, Medical Certificate,
Aircraft Seizure, Airworthiness Directives, NTSB Review.
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I am finishing up my commercial license. My father has wanted to take aerial
pictures of around, within 25 miles, of my home airport and sell them. I had
told him before, pre commercial, that no profit could be made of any of my
flights. Now that I will be a commercial pilot, I am wondering if this is now
legal. Aerial photography is an exception from Part 135, but is it legal under
the intent that I have? My father would probably pay the plane rental if we did
this. But since he is coming to me and I am showing a willingness to do it which
I think makes this holding out, which is illegal without being 135. I am working
my way towards the major airlines and I don't want to "bust a reg" on
anything like this.
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For many years, the FAA listed aerial photography as exempt from
Part 135. However, the definitional Rule 135.1(b), did not spell out
the circumstances when aerial photography might be brought within the
requirements of Part 135, because the aerial operation involved was "for
compensation or hire." One must also read FAR 61.118(a) in this context.
However, if the purpose of a flight is to take aerial pictures as part
of a "For Profit" business, then in all likelihood, the FAA will view
such an operation as one "for compensation and hire."
I cannot provide you with a legal opinion as the particular operation
you contemplate. I recommend that you seek the advice of an aviation
lawyer in your locale, so that you have somebody to defend your license
if you take pictures for profit outside of Part 131 and the FAA brings
enforcement action.
IF YOU WANT TO BE AN AIRLINE PILOT, DON'T DO ANYTHING BEFORE LANDING THAT VIOLATES
THE INTENT OF THE REGULATIONS. PHIL
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Do I need a Commercial Certificate for aerial photography if I am flying the
plane and taking the pictures? What if I am flying the plane and someone else is
taking the pictures for my aerial photo business?
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Traditionally, FAR 135.1(b) provided an exception to the Part 135
operating rules for aerial photography. However, the definitional rule
did not spell out the circumstances in which aerial photography could
constitute an operation for "compensation or hire." One must look to FAR
61.118(a) and the case law promulgated by The National Transportation
Safety Board interpreting this rule, in order to figure out whether any
particular aerial operation is exempt from FAR Part 135.
If one is running an aerial photography business for profit, and the
purpose of the flight is to generate profit in connection with that
business, there is a substantial risk of a violation of the "for
compensation or hire" rules. Double check with the FAA, I think they'll
say that the aerial photography should be performed under Part 135
unless you can obtain an exemption.
IF YOU ARE OPERATING AN AIRPLANE FOR PROFIT, READ FAR 61.118(a) BEFORE
TAKE OFF AND LANDING. PHIL
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Your recent observation that the FAA alleges careless and reckless operation so
as to avoid the sanction immunity of the ASRS system raises the following
questions: how often is the FAA successful with this tactic and, if frequently,
does such success render the benefits of the ASRS program an illusion.
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Your question contained a mistake. I did NOT say that the FAA
alleges "careless and reckless" violations to prevent pilots from
claiming the sanction immunity under the ASRS system. I DID say that
the FAA overuses the careless and reckless allegation in order to seek
stiffer sanctions in connection with specific violations. They also
cite FAR 91.13 to seek enforcement penalties where they cannot find a
specific FAR to point to.
I have no way of obtaining any valid statistical sampling of the results
of this FAA tactic. It is incumbent upon our National Transportation
Safety Board Judges to review the allegations brought by the FAA and
compare them to the facts revealing the exact nature of the flight
violation, in order to determine what penalty is appropriate. A good
NTSB Law Judge will not impose a higher sanction simply because the FAA
heaped on careless and reckless allegations.
IF YOU THINK THAT YOU COMMITTED A FLIGHT VIOLATION, FILE AN ASRS AFTER
LANDING - IT'S A GOOD SYSTEM. PHIL
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I was involved in a low flying incident. The long painful process
ended with an informal meeting with the boys in blue. My dear "friend"
attorney didn't show up and so I was set upon the wolves. I pleaded my
innocence and eventually accepted a lessor flogging of 30 days
suspension under the pretense that the gov. would sterilize the record
system after 5 years. That was eight years ago, (a 200 hr private
pilot) and now I am qualified and ready for the airlines. I feel very
wronged and deceived by the feds. Do I have any legal recourse to
overturn my ignorance? Thank you for your time. cg
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If you violated minimum safe altitude restrictions eight years
ago and were issued a suspension, there is probably nothing that you can
do about it now. However, the FAA has instituted an expungement program
that should remove a prior suspension from your airman records after it
has been on the books for 5 years. I recommend that you check your
airman records to see if the FAA is still carrying this old violation,
and if so, petition them in writing to have it removed.
OUR LANDINGS ARE BETTER WHEN WE LEARN FROM OUR PREVIOUS MISTAKES. PHIL
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Q#1:
Please tell me the penalties for misrepresenting yourself on a faa medical exam?
What do they do if they find out that your medical exam has bogus information?
Q#2:
My questions are related to John Denver and the fact his medical certificate was invalid.
In general, what happens to people who lie on thier medical examination form? What would
of happened if someone had caught him flying without a valid medical cert?
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FAA is likely to seek revocation of an airman's Medical
Certificate, and may do so by "Emergency Revocation!" Falsifying Medical
Certificates is a violation of FAR 67.20. The act of "falsification"
will be viewed as deliberate and intentional; however, the airman may
try to defend on the basis that the false statements or information was
inadvertent or due to inattention to detail, but Judges usually don't
buy it!. See Administrator v. Hart, NTSB Order EA-950 (1977).
LAND A LOT, DON'T LIE AT ALL! PHIL
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I have an upcoming NTSB hearing where I am representing myself in an FAA
enforcement case. I have a question for you regarding subpeonas and
Interrogatories. I have served Subpeona Duces Tecums and interrogatories on
several parties that have information that is vital to my case and they have
refused to answer. My question is what is my next step in enforcing these
subpeonas so I can obtain the information I need and also is there anyway to make
someone answer an interrogatory if they refuse do so. So far I haven't received
any response at all from these parties, one of which is the FAA, and the date on
which an answer was required has already passed.
Thanks in advance for any help you can provide me and I also want to tell you
that I have been doing some reading in your book at the San Bernardino Law
Library, it's a great book and has been very helpful.
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The Administrative Law Judge should have the authority to enforce
any Interrogatories that you have served on a party to the actual
hearing. If the FAA is not answering your interrogatories, prepare a
Motion To Compel Answers, file it with the Court and serve a copy on the
FAA attorney.
With regard to the subpoenas, the FAA's investigation and enforcement
procedures provide in Section 13.228(c), that a party to an FAA
Enforcement Hearing may apply to a United States Federal District Court
for local judicial enforcement of the subpoena in accordance with
Section 1004 of the Federal Aviation Act. The reason you have to go to
the District Court is that an NTSB Administrative Law Judge has limited
jurisdictional powers. If you are seeking information from somebody who
is not a party to the actual FAA Enforcement Proceeding, you will need
the power of a Federal Judge to get what you are entitled to.
My book, "Preparing For Trial In Federal Court" (James Publishing,
Second Edition, 1997) covers the procedures for filing a Motion To
Compel discovery in Tasks 52, 53, 54 and 55. The Table of Contents and
a Sample Task can be viewed on my Web Site at http://www.aviationlawcorp.com
Be careful about allowing the deadline for responses to pass without
taking follow up action to protect your right to compel responses. A
Judge may not enforce your Motion To Compel if you have been lax in
following up an opposing party's failure to give you the information
that you are entitled to.
GOOD LUCK IN YOUR HEARING AND MANY FUTURE SAFE LANDINGS! PHIL
[Topics]
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Phil, currently I work as a mechanical assembler and field service technician. This job
offers me the opportunity to use my twin engine aircraft to travel and be recompensated.
Work must have gotten out to another company in the area and they would like to have
acces to my aircraft and my pilot expertise. I am a commercial, multi-engine,
instrument pilot, with enough experience to obtain an ATP.
My question is this, can I lease the airplane and my self to companies without having
a 135 certificate? How do companies like Net-Jet and other companies do what my
insurance man calls "flight crew and aircraft leasing?" My aviation insurance
underwriter says that he can cover me for this and he has already given me a rate. He
also used the term "Aid To Industry". Any insight to this matter would be
appreciated!
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There is no way that I can advise you how to structure your
business in order to comply with the FARs without understanding all of
the details associated with your "arrangement." I can tell you that the
"for hire and compensation" rules are designed to require that an
"operator" who uses an airplane to carry passengers or cargo in return
for compensation, comply with Part 135 of the Federal Aviation
Regulations. Please understand that the FAA focuses on regulating
"operators" in this area, who may or may not be owners, lessors, etc.
Recognize also, that a pilot may not always be the "operator,"
particularly where the pilot is an employee of the "operator," who
controls the purpose of the flight.
Insurance brokers are in the business of selling insurance based on what
you describe to be an intended operation. Insurance brokers do not
normally investigate ahead of time, whether your operation will be in
compliance with the FARs - that is your responsibility. Insurance
coverage does do not assure FAA compliance. Please understand that one
FAA office may stringently enforce the "For Compensation and Hire"
rules, where another FAA office may interpret them differently (just
like the policeman will stop one person who is speeding and let 5 others
zip by). You cannot assume that because you have structured your
operation similar to another company that you are in compliance with the
FARs.
OPERATING IN THE TWILIGHT ZONE OF THE REGULATIONS IS LIKE LANDING ON THE
EDGE OF THE RUNWAY - YOU MAY RUN INTO PROBLEMS. PHIL
[Topics]
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Phil, I purchased a 1967 337 superskymaster, i was going to get typed
for a centerline thrust twin rating as I do not want to fly a
asemetrical twin because thats why I bought the 337 for a centerline
thrust. I am now told that as of oct 4, 97 that the FAA has done away
with the centerline rating and is making everyone get typed in a
standard asemetrical twin, this is crazy because I will never fly nor
buy a stanard twin. What can I and other skymaster pilots do to fight
this insane demand.
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Dear Sky Master - Normally, when the FAA issues new Rule changes,
they publish an Advance Notice of Proposed Rule Making in the Federal
Register, followed by a Notice of Proposed Rule Making, so that persons
in your position can complain about the unfairness of new Rules. It sounds like you are
too late to complain. Ask your local FAA FSDO
whether you can petition the FAA for a waiver? Can you argue that you
had completed the majority of the requirements for the center line
thrust twin rating before this Rule went into effect? (Sometimes there
are Grandfathering provisions associated with Rule changes). You may
also want to check with Cessna or AOPA, to see if any organized effort
has been made to seek a general extension waiver from the FAA concerning
this Rule change.
PUSH ME AND PULL ME TO LAND! PHIL
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Dear Phil, I am reviewing a business plan for a company commercializing an instrument
panel developed for the military. The sinlge panel display synthesizes information
from a wide variety of analog transducers, etc., thus reducing the number
of instruments available to the pilot. I wonder if the FSDO is responsible for the
product review and certification of this product.
How long and how much should it cost to gain such approval. Thanks.
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An instrument panel developed by the military will need FAA
approval for civilian use. The certification of aircraft equipment is
normally handled in the Aircraft Certification Offices of the FAA.
Further information can be obtained from the Small Aircraft Directorate
headquarters in Kansas City, Missouri 816/426-6937 or the Transport
Aircraft Directorate in Renton, Washington 206/227-2100. Alternatively,
you can contact Washington Headquarters, specifically the Aircraft
Engineering Division 202/267-9580. The FAA publishes interpretive
documents called Advisory Circulars on subjects such as PMA Approval,
STC Approval and TSOs. The Advisory Circulars in the 8110 series may be
particularly helpful.
GOOD LUCK IN HELPING PILOTS LAND ON FEWER INSTRUMENTS. PHIL
[Topics]
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Mr. Kolczynski, Could you recommend an AME that would be able
to help regain my Class I Medical. I have completed two Psych reviews due to
a slander suit, now I need to renew my Class 1 Medical and I'm not sure on how to
report this without future problems. I'm a Professional Pilot, and want to
prevent any future problems in reporting this. Thank you for time in this matter.
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I didn't know the answer to your question, so I checked with a
knowledgeable AME. He advised me that you should not have to report a
psyche "review," as long as it does not constitute "treatment." I don't
understand why you lost your medical certificate if you merely had a
psyche review? Normally, if you were subjected to some form of
psychological testing as a result of a plaintiff's discovery demand in a
slander suit, such a litigation-related evaluation should not be
considered treatment. If, however, you entered "therapy" you would be
obligated to report it.
If you have your lost your certificate or if you have any other
questions, I would recommend you call the Aviation Medical Division of
the FAA Alaskan Regional Headquarters (907)271-5431. Don't give them any
specifics, just ask them for a list of approved AMEs near where you
live. Check with one of the AMEs to make sure that particular
psychological review you went through, does not constitute treatment or
therapy requiring disclosure.
LANDINGS ARE THE BEST THERAPY! PHIL
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Mr. Kolczynski, How confidential is the information provided on the flight physical
medical records form? The specific concern is whether information about one
past DUI/DWI will be accessible beyond the FAA's files.
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This is a tough question. The FAA is supposed to act as the
sole custodian of airman medical records and maintain your flight
physical medical records in confidence. AME's are not permitted to
release confidential information about an airman, even in response to a
subpoena. They are required to direct all inquiries to the FAA in
Oklahoma City. You might, under some circumstances, have a complaint
under The Privacy Act, if the FAA fails to keep your records
confidential.
There are circumstances where other agencies could gain access to your
records. See The Privacy Act, 5 U.S.C. Section 552(a)(b). There at
least twelve major exceptions to the general requirement that an agency
not release records maintained on an individual. Thus, it is almost
impossible to predict "how confidential. . . ?" your records will be.
Also, we know that the FAA checks for DUIs through the National Drivers
Registry. They do so, normally, with the written consent of the airman,
which is provided on Form 8500-8. Is this is a one-way street? I don't
know whether the FAA has entered into reciprocal disclosure agreements
with any state government. Have you given consent on state
applications for agencies to access all of your medical records? Also,
you need to be careful if you have given consent to life and disability
insurance companies, for complete access to your health records.
A PAST DUI MAY BE FORGIVABLE, A "LANDING" (LUI) IS NOT! PHIL
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I have 53 hours towards my private ticket. I think it would only be fair to grandfather
in under the rules I am familiar with rather than new rules that are going to be subject
to debate for who knows how long. The new rules are going to make it harder for me to
get my license because everybody's opinions on the rules is going to be huh, what, let
me see what I can find out about that, etc, etc, etc. I'm beginning to believe
it would be much wiser to get an ULTRALIGHT. At least that way I would get out from
under a lot of rules that nobody seems to understand.
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Given the amount of time you have invested in trying to get your private
pilot's license, I recommend you ask your local Flight Standards
District Office whether you qualify for a waiver or "grandfathering."
If a rule that pertains to you is really ambiguous, point to out ahead
of time. I anticipate that FAA inspectors will resolve any ambiguities
in the meaning of the new rules by examining you in the manner which
they have been accustomed to examining students for many years.
If you honestly think you are going to have trouble qualifying for your
private pilot's license under the new rules, then I recommend that you
cherish the time you spent in the air and pick a new hobby.
NO MATTER WHAT THE NEW RULES SAY, YOU STILL HAVE TO LEARN TO LAND SAFELY! PHIL
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What is the definition of "Careless & Reckless" in the case law?
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Thank you for your question about FAR 91.13, which prohibits
operating an aircraft in a "careless and reckless manner so as to
endanger the life or property of another." The case you asked about,
might be Administrator v. Ferguson, 3 NTSB 3068 (1980); however, there
have been scores of cases since then, some contradictory, wherein NTSB
Administrative Law Judges have attempted to define and apply this Rule
to different circumstances.
One Judge has said that careless and reckless conduct is any conduct
which is not "inadvertent" (a simple mistake) or "not deliberate"
(intentional). When you think about it, this covers almost all conduct
in between, for which the FAA can bring an Enforcement Action against a
pilot.
In my opinion, this rule should only apply to situations where one's
negligent flying goes beyond risking one's own life, but creates a real
danger of seriously injuring another person.
Some insight to the FAA's thinking can be found in their own internal
Enforcement Handbook, where in the FAA lists some operations that are
considered careless and reckless, such as:
Fuel mismanagement/exhaustion
Wheels up landing
Short or long landing
Landing on or taking off from a closed runway
Landing or taking off from ramps or other improper areas
Taxiing collisions
Leaving an aircraft unattended with the motor running
Propping aircraft without a qualified person at the control
This list is merely illustrative. The FAA 's Enforcement Attorneys will
use this regulation whenever they can during an Enforcement Action to
obtain sanctions against an airman.
THIS IS THE ONLY SITE WHERE YOU CAN LAND CARELESSLY AND RECKLESSLY! PHIL
[Topics]
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Hi Phil, I have a question about not complied with FAA AD.
If a mechanic work for airlines and he does not perform the content of AD completed
and the AD overdue. Will the mechanic be punished by FAA regulation or the airlines will
be punished? And What's the punishment (suspend A/P license or fine or anything else).
Thank you very much
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An Airworthiness Directive ("AD") is issued by the FAA when they
determine, after investigation, that an unsafe condition exists. An
Airworthiness Directive is issued as an Amendment to the FARs and has
the force and effect of law. An AD in effect, "grounds" an aircraft or
aircraft equipment until the terms of the Airworthiness Directive can be
complied with. Any FAA license holder who has the responsibility of
complying with an AD and fails to do so, may lose his license. This is
true of an "A & P mechanic" who should know that an AD must be
incorporated before an aircraft can be deemed airworthy. The same is
true of an "authorized inspector" who approves the work of a mechanic
which is subject to an AD. Likewise, an "operator" or "repair station,"
who fail to incorporate an AD may be subject to large civil monetary
penalties, as well as the revocation of their license.
If an accident occurs which is attributable to the failure to
incorporate the AD, all of the aforementioned parties may be sued for
negligence. In that an AD is issued only after a determination by the
FAA that unsafe conditions exist, if someone recklessly or willfully
fails to incorporate an AD, resulting in the loss of life of serious
injury, a claim for punitive damages might be successful against the
responsible parties in some states.
Finally, if I were a prosecutor, I would investigate the possibility of
bringing criminal charges against any party who willfully failed to
incorporate an AD with the result that somebody was severely injured or
killed.
DON'T LAND IN JAIL - COMPLY WITH ADs! PHIL
[Topics]
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We wish to acquire a surplus military aircraft (UH-1H "Huey"
Helicopter) for governmental use as a medical air ship. What laws will
they fall under? Are we required to comply with the FARs? Or can we
take advantage of the "public aircraft" rules?
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This is an excellent question.
Normally, all aircraft are required to be certificated by the FAA and
comply with the FARs. The Federal Aviation Act, particularly 49 U.S.
Code, Section 1301(36) defines when aircraft may be operated as "public
aircraft," without complying with the normal FARs. Whether an aircraft
is a public aircraft depends on who uses it and what type of operation
is involved. Normally, city, county, state or federal governmental
entities may qualify to use a public aircraft, but they cannot use it
for commercial purposes, that is, to obtain compensation directly or
indirectly, through the flight operations involving that aircraft.
From your question, it appears that you intend to use the Huey
Helicopter for medical transport or life flight type operations. These
operations may qualify as permitted public aircraft use depending on an
interpretation of the new Amendments to the "Independent Safety Board
Act of 1994." The Amendments were written by Congress as a result of
the outcry over the death of the Governor of South Dakota on a public
aircraft, which was not subject to the usual safety requirements of the
FAA. As a result, Congress amended the definition of public aircraft to
exclude governmental flights which transport "passengers." Therefore,
your operation will have to be closely examined to determine if your
Huey will be used in a life flight operation transporting "passengers."
Note, that the Amendments to the Independent Safety Board Act allow
"crew members" or "other persons" aboard the public aircraft
for the performance of the governmental function, including "search and rescue,"
thus, the regulations that apply will depend on the status of those you
carry.
I have the following recommendations: First, contact the Aircraft
Certification Branch of your local FSDO or the Helicopter Directorate
Certification Office Manager (817/222-5170). Outline the nature of your
operation in order to determine whether it will qualify as a public
aircraft operation.
Second, obtain a copy of Advisory Circular 00-1.1. This Advisory
Circular provides detailed explanations of the Public Aircraft
Amendments.
Third, be careful, there are different requirements if the aircraft is
owned versus if the aircraft is leased.
Fourth, be aware that many governmental organizations who operate public
aircraft still comply with the FARs, even though not strictly required
to by the FAA, because of private contract and insurance requirements.
Fifth, I would recommend that your organization retain an aviation
attorney knowledgeable in this field to help you acquire the aircraft
and establish this operation.
HAPPY PUBLIC LANDINGS! PHIL
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I would like to know how the FAA deals with a conviction of driving under the
influence of alcohol in a motor vehicle. What are the repecusions regarding your
medical and is the a suspension involved?
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I cannot answer this question! The answer depends heavily upon the
circumstances involved and additional confidential information which is
not provided in the question. (See Aviation Law Forum Disclaimer).
Moreover, this is an area in which the FAA is currently changing its
regulations. I strongly encourage any person with a question of this
nature to retain an aviation attorney, so that they can disclose all
needed information to allow that attorney to properly advise within the
confidentiality scope of the attorney-client relationship.
Anyone with a particular interest in driving violations or alcohol
problems should review FAR 61.15, 61.59 and 67.20, along with changes to
Parts 61 and 67, which are scheduled to go into effect this year. The
FAA lawyers are likely to follow the Regional Flight Surgeon's
recommnedations on a matter of this kind. Consider having an Aviation
Medical Examiner contact the Regional Flight Surgeon for a current
reading on policy concerning a single DUI. In addition, John Yodice,
General Counsel of AOPA, has written an excellent article on the
obligation of an airman to report motor vehicle violations.
SAFE AND SOBER LANDINGS! PHIL!
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Is there a specific FAR or other aviation regulation regarding the de-fueling and
re-fueling of avgas or jet fuel? If not can you direct me to a source on industry
standards. Thank you for your assistance.
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Please check the following Federal Aviation Regulations for
guidance on de-fueling/re-fueling procedures - FAR 23.1529 (Appendix
G23.3(a)(4); FAR 25.1529 (Appendix H25..3(a)(4)). If the airplane is
operated commercially, check FAR 135.23 (Item J) or FAR 121.135(b)(18).
Besides these FARs, the manufacturers usually promulgate maintenance and
servicing manuals for each model airplane, which often include
instructions on re-fueling and de-fueling. These maintenance and
servicing manuals are one of the primary sources of industry standards
on these procedures. In this regard, see FAR 43.13 which requires that
an operator follow manufacturers' recommendations. In addition, FAA
airworthiness industry standards can be found in an FAA Advisory
Circular AC-34A, entitled, "Aircraft Ground Handling and Servicing."
Finally, whenever a unique question arises, that is not clearly answered
by the FARs, an Advisory Circular or the manufacturers' maintenance and
servicing manuals, it is good practice to contact an airworthiness
inspector in your local Flight Standards District Office, to obtain
specific advice on your problem.
DON'T LAND ON VAPORS! PHIL!
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Last December I qualified for a glider rating. I turned in my
certificate, now FAA Airmen Certification won't issue me a new one
because I have a rural route address and they insist on a map on how to
find my home. As I read the application form 8710-1, it only requires
justification if the rural route number is used IN PLACE of my permanent
address. FAA cites an Action Notice 8700-2 as their justification, but
that notice expired in 1990 and has not been renewed. I've appealed to
NTSB. Any thoughts??
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Sorry - I cannot give you specific legal advice on your
problem. (See Aviation Law Forum Disclaimer). Moreover, I cannot
understand why you will not provide the FAA with the information they
request!
Let me offer you this perspective - an FAA License or Certificate is a
privilege, not a right. Congress gave the FAA the power to set up and
administer rules and standards for obtaining licenses and certificates.
Unless you are willing to wage an expensive Federal Administrative Law
battle to convince a Court that the FAA rules are not fair or
reasonable, you must comply with them, if you wish to obtain the desired
license. The burden of proof will be on you, pursuant to Section 602 of
the Federal Aviation Act to satisfy the FAA that you are entitled to the
license. You may appeal the refusal of the FAA to grant the license to
the National Transportation Safety Board, but the burden will still be
on you to convince the Board that you should receive an FAA license.
IT'S FUN TO LAND WITHOUT AN ENGINE (INSTALLED)! PHIL!
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Dear Phil: I am a corporate pilot. I want to know if it's true that I
can file a NASA Safety Report with the FAA if I am involved in an
incident or accident, and thus prevent the FAA from taking action
against me?
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Dear Captain: You are partially correct and partially incorrect. It is
true, the filing of an Aviation Safety Report with NASA within 10 days
of an incident will immunize you against sanctions from the FAA.
However, sanction immunity provided by the Aviation Safety Report is not
applicable to accidents. Remember, an accident involves serious injury,
death or substantial aircraft damage as defined by 49 C.F.R. Section 830.
The other part about your question that needs clarification is that you
asked whether the FAA can take any action? The answer is the FAA can
take enforcement action, and if successful, the findings will be entered
in your records; however, an airman who has properly filed the ASRS
Form, will enjoy sanction immunity and will not have to actually suffer
the penalty.
IF IN DOUBT, FILE AN ASRS FORM AFTER LANDING! PHIL
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