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Old October 31st 05, 10:25 PM
Garner Miller
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Default Potential Class B Bust

In article , Charlie45
wrote:


Yesterday I was out flying Acro with my instructor and allegedly we
violated
Class B airspace.
What could the worst case scenario be? Am I a

liable or is my flight
instructor liable?


Best-case is the controller just drops it. Worst case scenario is that
you're found in violation of the Class B, and receive disciplinary
action.

You should IMMEDIATELY send in an Aviation Safety Reporting System
report. If you're not familiar, it's a program administered by NASA,
and will protect you from disciplinary action, assuming you haven't had
any violations in the past five years.

You'll still have the violation if that's what becomes of this, but you
won't be subject to the disciplinary action, such as license
suspension.

Here's the form to fill out, which must be submitted within 10 days of
the event:
http://asrs.arc.nasa.gov/forms/PDF_Files/general.pdf

Here's more on the program and what it does:
http://asrs.arc.nasa.gov/overview_nf.htm

FAA Advisory Circular 00-46D gives the FAA's take on the program (I
hope this link works):
http://www.airweb.faa.gov/Regulatory.../rgAdvisoryCir
cular.nsf/0/64358057433FE192862569E7006DA716?OpenDocument


Here's the relevant paragraph (#9) from that AC:

c. The filing of a report with NASA concerning an incident or
occurrence involving a violation of 49 U.S.C. Subtitle VII, or the FAR
is considered by FAA to be indicative of a constructive attitude.
Such an attitude will tend to prevent Mure violations. Accordingly,
although a tiding of violation may be made, neither a civil penalty nor
certificate suspension will be imposed if
(1) the violation was inadvertent and not deliberate;.
(2) the violation did not involve a criminal offense,& accident, or
action under 49 U.S.C. Section 44709 which discloses a lack of
qualification or competency, which is wholly excluded
from this policy;
(3) the person has not been found in any prior FAA enforcement action
to have committed a violation of 49 U.S.C. Subtitle VII, or any
regulation promulgated there for a period of 5 years
prior to the date of occurrence; and
(4) the person 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 NASA under ASRS. See paragraphs SC and 7b.

Hope that helps.

--
Garner R. Miller
ATP/CFII/MEI
Clifton Park, NY =USA=
http://www.garnermiller.com/