"Peter Duniho" wrote in message
...
"Gig Giacona" wrote in message
...
Let's keep in mind... The NASA form is NOT a get out of jail free card.

Yes, it is.

They
can't use the info you give on the form against you in an enforcement
action.

You are correct there.

Info they get elsewhere like the from the pilot and the gun camera
of the F-16 that had you locked while you are flitting around the ADIZ
can
still be used to nail your a$$ to the wall no matter how many NASA forms
you
filled out.

You are very much incorrect there. Providing you meet the other
prerequisites, having filed a ASRS form *does* protect you from FAA
enforcement action, and you need only file one (the one for the event you
wish to be protected for).


You are giving the ASRS form a little more power than it has. Filling one
out "is considered by FAA to be indicative of a constructive attitude." But
the meat of the protection is up to the FAA Administrator because this line
"discloses a lack of qualification or competency" can be read many different
ways.

http://asrs.arc.nasa.gov/immunity_nf.htm

5 b reads

When violation of the FAR comes to the attention of the FAA from a source
other than a report filed with NASA under the ASRS, appropriate action will
be taken. See paragraph 9.

9 c reads
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 future violations. Accordingly, although a finding of violation
may be made, neither a civil penalty nor certificate suspension will be
imposed if:
the violation was inadvertent and not deliberate;
the violation did not involve a criminal offense, or 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;
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
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 5c and 7b.