Pilot Deviations
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Pilot Deviations

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Pilot Deviations Pilot Deviations Presentation Transcript

  • Presented to: By: Date: Federal Aviation Administration Pilot Deviations Flight School James A. Stenhouse III, ASI <March 5, 2014>
  • Federal Aviation Administration 2 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviations (PD) - Overview Today we will discuss: General pilot deviation information Pilot deviation statistics Common deviations Pilot deviations and You! FAA pilot deviation investigative process Summary
  • Federal Aviation Administration 3 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> General Pilot Deviation Information In this section we will discuss: •The definition of a pilot deviation •Who investigates a pilot deviation
  • Federal Aviation Administration 4 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Definition Pilot deviations are actions of a pilot that result in a failure to comply with an air traffic control (ATC) clearance and/or instruction. PDs are classified as incidents and investigated by AFS. AFS offices determine if a violation of 14 CFR has occurred and if a subsequent enforcement investigation is appropriate.
  • Federal Aviation Administration 5 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> FAA investigation responsibility •Part 91 – Geographic area where PD occurred; •Air Carriers – Their certificate holding district office regardless of geographic area where PD occurred.
  • Federal Aviation Administration 6 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviation (PD) background Different types of deviations: •Pedestrian •Vehicle •Pilot
  • Federal Aviation Administration 7 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviation statistics The purpose of this segment is: Look at statistical data to determine: •Who is getting them? •Where are they happening? •What type of deviations are happening?
  • Federal Aviation Administration 8 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviation statistics
  • Federal Aviation Administration 9 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviation statistics
  • Federal Aviation Administration 10 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviation statistics
  • Federal Aviation Administration 11 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviation statistics
  • Federal Aviation Administration 12 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviation statistics
  • Federal Aviation Administration 13 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviation statistics
  • Federal Aviation Administration 14 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviation statistics
  • Federal Aviation Administration 15 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviation statistics
  • Federal Aviation Administration 16 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviation statistics
  • Federal Aviation Administration 17 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviation statistics What does the data tell us? •Deviations are on the rise; •Areas to pay special attention to; •Private pilot and CFI’s most likely to have a deviation.
  • Federal Aviation Administration 18 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviations Common pilot deviations filed: •Airspace violations; •Altitude violations; •Failure to maintain two-way radio communications; •Runway Incursions.
  • Federal Aviation Administration 19 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviations - Common Reasons • Lack of preflight planning; • Lack of knowledge of local area; • Loss of situational awareness; • Failure to review airport diagram; • Failure to review charts (sectional, TAC, etc); • Over reliance on technology; • Feeling rushed.
  • Federal Aviation Administration 20 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviations - Common Reasons • ATC Miscommunication; • Not understanding clearance; • Reading back correct clearance while climbing/descending to another; • Failure to clarify clearance; • Failure to ask ATC for help (i.e. Progressive Taxi)
  • Federal Aviation Administration 21 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviations & You!
  • Federal Aviation Administration 22 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviations & You! • “Brasher” warning • “Brasher” vs Mandatory Operations Report (MOR) • Your first indication of a possible PD could come from a Flight Standards Inspector
  • Federal Aviation Administration 23 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviations & You! Recommended actions to follow: •Write a detailed statement of events as soon as possible while it is still fresh in your mind; •Seek “self-corrective action” that provides evidence of what was done and the date of completion; •Be prepared to prove that you were qualified for the type of operation conducted at the time of the deviation; •A constructive attitude goes a long way!
  • Federal Aviation Administration 24 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviations & You! • FAA investigative personnel obtain, and include in the EIR, any evidence of an apparent violator’s attitude; • Evidence of a constructive attitude might include documentation showing an apparent violator’s completion of any of the following (including recency of the attendance):
  • Federal Aviation Administration 25 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviations & You! • The FAA accident prevention program as volunteer counselor or program assistant; • The pilot proficiency award program (WINGS); • The pilot and aircraft courtesy evaluation (PACE) program; • FAA-sponsored accident prevention program safety seminars on the subject(s) implicated in the apparent violation;
  • Federal Aviation Administration 26 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviations & You! • FAA-sponsored, industry-conducted safety seminars on the subject(s) implicated in the apparent violation; • Operation Raincheck (Air Traffic Organization) programs or other visits to air traffic facilities for familiarization and educational purposes; and • Other similar programs, acceptable to the FAA.
  • Federal Aviation Administration 27 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviations & You! The moral of the story? If you’re unsure of what to do…. Doing SOMETHING is better than nothing!
  • Federal Aviation Administration 28 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviations & You! Aviation Safety Reporting System (ASRS) “NASA Report •Advisory Circular 00-46E explains the ASRS system •File electronically or download and print forms to mail in at: http://asrs.arc.nasa.gov/
  • Federal Aviation Administration 29 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviations & You! Criteria for waiver of imposition of sanction. An individual in a legal enforcement action receives a waiver of imposition of sanction under the ASRS provided: •The violation was inadvertent and not deliberate; •The violation did not involve a criminal offense, or accident, or a lack of qualification or competency to hold a certificate;
  • Federal Aviation Administration 30 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Pilot Deviations & You! • The individual has not been found in any prior FAA enforcement action to have committed a violation of 49 USC subtitle VII, or of any regulation promulgated under that statute for a period of 5 years prior to the date of the occurrence; and • The individual 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 the NASA ASRS.
  • Federal Aviation Administration 31 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> FAA pilot deviation investigative process Flight Standards involvement: •Notification of possible pilot deviation arrives to the FSDO via FAA Form 8020-17; •Aviation Safety Inspector, Operations (Pilot) Inspector is assigned to investigate; •8020-17 tells the Air Traffic Control side of the story; •.
  • Federal Aviation Administration 32 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> FAA pilot deviation investigative process • Operations inspector waits for evidence, supporting documents (controller statements, ATC communications or “tapes”, and all other supporting documentation to be sent); • Contact is made with subject of possible pilot deviation to hear the other side of the story.
  • Federal Aviation Administration 33 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> FAA pilot deviation investigative process Enforcement Action: When determining the type and extent of the enforcement action to take in a particular case, the FAA will consider the following factors: •Nature of the violation; •Whether the violation was inadvertent or deliberate; •The certificate holder's level of experience and responsibility;
  • Federal Aviation Administration 34 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> FAA pilot deviation investigative process • Attitude of the violator; • The hazard to safety of others which should have been foreseen; • Action taken by employer or other government authority; • Length of time which has elapsed since violation; • The certificate holder’s use of the certificate; • The need for special deterrent action in a particular regulatory area or segment of the aviation community; and • Presence of any factors involving national interest, such as the use of aircraft for criminal purposes.
  • Federal Aviation Administration 35 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> FAA pilot deviation investigative process • Enforcement Decision Process (EDP); • A process that seeks to foster standardization, fairness, and consistency; • EDP guides inspector to investigation/enforcement options.
  • Federal Aviation Administration 36 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> FAA pilot deviation investigative process Possible Outcomes (Legal, administrative, informal) Legal: •Civil penalty; •Revocation of certificate(s); •Suspension of certificate(s).
  • Federal Aviation Administration 37 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> FAA pilot deviation investigative process Administrative: •Warning Notice The warning notice advises that, based on available information, the apparent violator’s action or inaction appears to be contrary to the regulations, but does not warrant legal enforcement action. On airman’s record for two years.
  • Federal Aviation Administration 38 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> FAA pilot deviation investigative process Administrative (cont) •Letter of Correction Serves the same purpose of a warning notice but, the primary purpose of a letter of correction is to bring apparent noncompliance to the attention of an apparent violator and document action that has or will be taken to correct conditions that are in apparent violation of statutory or regulatory requirements.
  • Federal Aviation Administration 39 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> FAA pilot deviation investigative process • Informal: Either oral or written counseling. • Other options (non-punitive unless failure to comply): • Remedial Training; • Title 49 U.S.C § 44709 Reexamination.
  • Federal Aviation Administration 40 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Summary Today we discussed: Types of deviations; Pilot deviations are on the rise; Where pilot deviations are occurring; Common types of pilot deviations; Common causes of pilot deviations; What to do if you become involved in a pilot deviation; FAA pilot deviation investigation process.
  • Federal Aviation Administration 41 <Presentation Title – Change on Master Slide> <Date of Presentation – Change on Master Slide> Summary Questions?