Gary Drescher wrote:
Yes, this was discussed under the "Cessna over DC--NASA Form?"
thread. The
thing is that Section 44709 only permits certificate action if a
pilot is
reasonable judged to be unable to fly safely in the *future*. It
can't be
used to impose a punishment or deterrent. So at worst, it could be
invoked
here to require some remedial navigational training.

Right, but if the FAA can impose some remedial navigational training
(or other such re-examination), doesn't that specifically fall under
the ASRS immunity exceptions? So in other words, the re-examination
under Section 44709 isn't the punishment, but the fact that it happens
removes your ASRS immunity and leaves you open to the possibility of
certificate action.

I guess the easiest way to figure this out would be to find some
FAA/court decision where a pilot filed an ASRS form but still was
punished because his action fell under one of the exceptions. I'll
look around.

Charles.
-N8385U