The document is a presentation by the Federal Aviation Administration (FAA) about pilot deviations. It discusses general information about pilot deviations, statistics on common deviations, reasons for deviations occurring, how pilots should respond if involved in a deviation, and the FAA's investigative process. The presentation provides an overview of pilot deviations to educate pilots and flight schools.

1. Presented to:
By:
Date:
Federal Aviation
Administration
Pilot Deviations
Flight School
James A. Stenhouse III, ASI
<March 5, 2014>

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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

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General Pilot Deviation Information
In this section we will discuss:
•The definition of a pilot deviation
•Who investigates a pilot deviation

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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.

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FAA investigation responsibility
•Part 91 – Geographic area where PD occurred;
•Air Carriers – Their certificate holding district office
regardless of geographic area where PD occurred.

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Pilot Deviation (PD) background
Different types of deviations:
•Pedestrian
•Vehicle
•Pilot

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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?

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Pilot Deviation statistics

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Pilot Deviation statistics

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Pilot Deviation statistics

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Pilot Deviation statistics

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Pilot Deviation statistics

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Pilot Deviation statistics

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Pilot Deviation statistics

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Pilot Deviation statistics

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Pilot Deviation statistics

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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.

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Pilot Deviations
Common pilot deviations filed:
•Airspace violations;
•Altitude violations;
•Failure to maintain two-way radio communications;
•Runway Incursions.

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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.

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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)

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Pilot Deviations & You!

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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

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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!

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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):

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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;

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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.

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Pilot Deviations & You!
The moral of the story?
If you’re unsure of what to do…. Doing SOMETHING is better
than nothing!

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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/

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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;

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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.

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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;
•.

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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.

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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;

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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.

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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.

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FAA pilot deviation investigative process
Possible Outcomes (Legal, administrative, informal)
Legal:
•Civil penalty;
•Revocation of certificate(s);
•Suspension of certificate(s).

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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.

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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.

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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.

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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.

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Summary
Questions?