"Charles O'Rourke" wrote in message
oups.com...
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.

That interpretation is certainly arguable. The main counter-argument, I
think, is that on that interpretation, almost any violation disclosed in an
ASRS form could be construed as an "exception" to the immunity promise,
which would make the promise essentially a hoax. So it's hard to see how
that exception could be applied except when a pilot is reasonably deemed to
be irremediably unsafe.

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.

Thanks, that'd be helpful.

--Gary