AVIATION SAFETY REPORTING SYSTEM
Do You Depend on Your License or Certificate For Your Livelihood?
If you have made a mistake and inadvertently violated the FARs, the FAA may take enforcement action in the form of suspension, revocation, or civil penalties. The Aviation Safety Report (ASR) Form can be submitted in confidence, to NASA to obtain "Sanction Immunity."
If the FAA proves you committed the violation, it may go on your record, but the "sanction" such as revocation, will be avoided if you properly file this form and file it within 10 days of the incident.
Section 91.25 of the Federal Aviation Regulations prohibits the Administrator of the FAA from using reports submitted to the National Aeronautics and Space Administration under the Aviation Safety Reporting Program (or information derived there from) in any enforcement action, except information concerning accidents or criminal offenses which are wholly excluded from the program.
FAA Advisory Circular No. 00-46D
Explains that you cannot claim "Sanction Immunity" by means of an Aviation Safety Report in any of the following circumstances:
- Deliberate actions which violate the Federal Aviation Regulations
- Criminal Activity - Remember - Don't do the crime if you can't do the time!
- Aviation Accidents (an "accident," distinguished from an "incident," is defined as involving death, serious injury or substantial aircraft damage)
- FAA confirmed violations within the last five (5) years
- Actions revealing a lack of competency or qualifications to hold a license
If you think any of these exceptions may apply to you, retain an Aviation Lawyer to obtain attorney-client privileged advice before you file the form. If you are involved in criminal activity - Do NOT file the form, contact a Criminal Law Specialist. The form might be used against you if there is an accident or criminal activity.
TWU License Protection Program
The TWU provides free assistance to its members, including providing an attorney at the International Union's expense. This commitment applies to any allegation by the FAA against a TWU member for work performed at a carrier where the TWU is recognized as the employee's bargaining representative. Well over 95% of investigations have, with our assistance, been closed out with no legal action taken against the member. In those cases where the FAA has taken action, TWU attorneys have normally been successful in persuading the FAA to reduce or eliminate the penalty.
If you think you may have inadvertently committed any unintentional violation - FILE the ASR Form!
Recommendations:
- Download the ASR Form.
- Fill out all pages completely (use extra paper if required), attach all pages together, enclose in an envelope, seal, affix sufficient postage, and mail to:
NASA AVIATION SAFETY REPORTING SYSTEM
POST OFFICE BOX 189
MOFFETT FIELD, CALIFORNIA 94035-0189
- Make sure you fill in the Identification Strip so that NASA can return it to you, confirming receipt of your report.
- Don’t rely on the Identification Strip alone as proof of filing, submit the ASR Form to NASA by Certified Mail.
- Remember, an FAA License or Certificate Holder must prove that the ASR Form was delivered or postmarked, within ten (10) days of the incident in order to qualify for sanction immunity.