Pilot Deviations

Presented to:

By:

Date:

Federal AviationAdministration

Pilot Deviations

Flight School

James A. Stenhouse III, ASI

<March 5, 2014>


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



General Pilot Deviation Information

In this section we will discuss:

•The definition of a pilot deviation

•Who investigates a pilot deviation



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.



FAA investigation responsibility

•Part 91 – Geographic area where PD occurred;

•Air Carriers – Their certificate holding district office regardless of geographic area where PD occurred.



Pilot Deviation (PD) background

Different types of deviations:

•Pedestrian

•Vehicle

•Pilot



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?































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.



Pilot Deviations

Common pilot deviations filed:

•Airspace violations;

•Altitude violations;

•Failure to maintain two-way radio communications;

•Runway Incursions.



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.



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)



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




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!




• 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):




• 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;




• 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.




The moral of the story?

If you’re unsure of what to do…. Doing SOMETHING is better than nothing!




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/




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;




• 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.




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;

•.




• 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.




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;




• 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.




• Enforcement Decision Process (EDP);

• A process that seeks to foster standardization, fairness, and consistency;

• EDP guides inspector to investigation/enforcement options.




Possible Outcomes (Legal, administrative, informal)

Legal:

•Civil penalty;

•Revocation of certificate(s);

•Suspension of certificate(s).




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.




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.




• Informal:

Either oral or written counseling.

• Other options (non-punitive unless failure to comply):

• Remedial Training;

• Title 49 U.S.C § 44709 Reexamination.



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.



Summary

Questions?

Education

Pilot Deviations