Legal Briefing

Download a copy of the NASA Aviation Safety Reporting System reporting form from Flight Training Online.

As pilots, flying presents us with many challenges and new experiences. There is a good chance that one day, you could see something that concerns you and may affect aviation safety. With increased security at airports, redirection of resources and priorities, regulatory and policy changes, and advancements in avionics, it's a good time to reiterate the value of an aviation reporting program that may bring your concerns to the attention of someone who may be able to address them and benefit aviation safety.

The reporting program is officially called the Aviation Safety Reporting System, and it was established in 1975 through a joint agreement between the FAA and NASA. The two government agencies agreed that NASA would administer the program by collecting and analyzing aviation safety reports. NASA would then alert the FAA or other aviation authorities about circumstances that might compromise aviation safety so that they may be remedied. The reporter remains anonymous, to eliminate concern about embarrassment or worry about an FAA enforcement investigation. And, safety information is shared by those who are in the best position to identify a deficiency with those who are in the best position to initiate action to correct it.

NASA created a form that is preaddressed to the agency and requires no postage. The form has two parts. One is a strip on which the reporter records his or her name and address. When NASA receives the report, the strip is removed, date-stamped, and returned to the reporter. The second part of the form is a survey that requests detailed information on the event or situation. After NASA reviews it and removes all information that may identify the reporter, the information is entered into NASA's database. The actual report filed by the reporter is not given to the FAA, but is ultimately destroyed; only the sanitized information contained within the report is provided to the FAA. Thus, the information is received and used confidentially. There are only two exceptions to the anonymity aspect of this program - the report will not be de-identified if it involves criminal conduct or an accident.

To further encourage the filing of aviation safety reports, the FAA adopted a program that gives a pilot immunity from a punitive FAA enforcement action. In Advisory Circular 46D, Aviation Safety Reporting Program, the FAA said that it will waive the penalty in an enforcement action if the pilot can show that he or she filed a timely NASA report and is otherwise eligible for the waiver. To be eligible for the waiver of sanction under the program, the pilot must be able to show that the report was filed within 10 days of the offending event - this is accomplished by presenting the stamped identification strip that was returned to the pilot by NASA. Also, the offending conduct must have been inadvertent and not deliberate, and it must not involve a lack of qualifications or competency. Finally, the pilot must not have been found by the FAA to have committed a violation within the preceding five years. In our experience, more than 90 percent of the enforcement cases brought against pilots who have filed a NASA report qualify for the immunity.

In investigating or bringing an enforcement action against a pilot, the FAA may not use the information provided by a pilot in a NASA report. First, the report should be de-identified by the time it reaches the FAA, so the FAA should not learn about it from the report. Second, we don't advise that a pilot give a copy of his or her report to the FAA - or even to his or her insurance company or employer, because it could end up being given to the FAA. In any event, even if the FAA were to obtain a copy of the report, FAR 91.25 precludes the agency from using the reports in any FAA enforcement action.

The NASA forms can be downloaded at the ASRS Web site, and they are usually available at FAA flight standards district offices and flight service stations. AOPA members can download a copy at AOPA Online. Bear in mind that if you download the form, you will have to put it in an envelope and pay for the postage. Many pilots will err on the side of caution by sending their reports via certified mail, franked or not, so that they have proof that the report was sent in the event that the report or the return strip gets lost in the system.

We continue to advise any pilot who experiences any sort of aviation safety incident or identifies an aviation safety concern to promptly file a NASA report. Many pilots carry a copy or two in their flight bags. There is no limit on the number of reports you can file. If every flight you take brings some aviation safety matter to your attention, then file a report for every flight. It's a system designed for your benefit, so take advantage of it.

Kathy Yodice is an attorney with Yodice Associates in Washington, D.C., which provides legal counsel to AOPA and administers AOPA's legal services plan. She is an instrument-rated private pilot.