saracelica
Pattern Altitude
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saracelica
Cleaning out my files and found some ASRS reports that I filed back in 2011. Should I keep them? For how long?
The FAA has a limited time to bring an enforcement action against a pilot suspected of a violation (stale complaint rule) and I think it's 6 months. But IIRC the clock doesn't start until the FAA "becomes aware" of the misdeed so there may be some chance you'd hear from them several years after filing a ASRS entry.My guess is if the FAA wanted to turn you into a Celica fritter over the events, they would have done so by now. I wouldn't worry about them.
The FAA has 180 days from the date they hear about the violation to take action. Anything which happened in 2011 which might be eligible for ASRS waiver of sanction is by now long since "stale."I'd keep them all, so you have documentation just incase you were to be contacted by the FAA. Never know.
How about a wildly unlikely scenario where a pilot did something bad a year a few years ago and filed a ASRS but never heard from the FAA because the incident never got reported to anyone at the FAA. Then this same pilot publishes enough incriminating facts about the incident and their identity on a public forum to tweak the interest of a FSDO inspector with a bad attitude and some free time. Couldn't the FAA get away with starting the 180 day clock when said inspector read the post?The FAA has 180 days from the date they hear about the violation to take action. Anything which happened in 2011 which might be eligible for ASRS waiver of sanction is by now long since "stale."
Years ago, on Law&Order, a defense counsel was cross-examining the medical examiner as to the cause of death, trying to get the ME to admit that it was "possible" that he was wrong about the cause, suggesting some wildly improbably possibilities. The ME responded, "I suppose it's possible that death rays from Mars killed the victim, but in my professional opinion based on examination of the body and my 27 years of experience in this field, the cause of death was the bullet in his brain." I'd put your scenario in the "death rays from Mars" category.How about a wildly unlikely scenario where a pilot did something bad a year a few years ago and filed a ASRS but never heard from the FAA because the incident never got reported to anyone at the FAA. Then this same pilot publishes enough incriminating facts about the incident and their identity on a public forum to tweak the interest of a FSDO inspector with a bad attitude and some free time. Couldn't the FAA get away with starting the 180 day clock when said inspector read the post?
So you agree it could happen!I'd put your scenario in the "death rays from Mars" category.
Cleaning out my files and found some ASRS reports that I filed back in 2011. Should I keep them? For how long?
I fill one out as part of my preflight planning.
How about a wildly unlikely scenario where a pilot did something bad a year a few years ago and filed a ASRS but never heard from the FAA because the incident never got reported to anyone at the FAA. Then this same pilot publishes enough incriminating facts about the incident and their identity on a public forum to tweak the interest of a FSDO inspector with a bad attitude and some free time. Couldn't the FAA get away with starting the 180 day clock when said inspector read the post?
Since that was not a "deliberate and not inadvertent" violation (the pilot chose either to fly without checking for currency or to fly despite lack of currency), an ASRS report wouldn't have mattered.
If the pilot forgot to check, or thought he was current and mis-remembered, maybe they would consider that to be inadvertent.
By definition, anytime you receive instructions to call when you land, the incident is reported to the FAA. It may be a tower, TRACON or ARTCC and they may not pass it on to a FSDO in a timely manner or perhaps not at all. So the clock should start when you receive instruction to call.