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NASA Form ARC 277B |
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| NASA Form (Fillable Online) | |
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| What is NASA Form ARC 277B? | |||||
| The NASA Form ARC 277B ("NASA Form") is a result of the Aviation Safety Reporting System established in 1975 between the FAA and NASA. The FAA funds the program and NASA adminstrates it. The purpose of the program is to identify deficiencies and idscrepancies in the National Aviation System. Specifically, it was designed mostly to identify the human factors that contribute to errors and mistakes such that they could be corrected and the National Aviation System could be improved. The system is a voluntary one that involves reporting any incident or situation where aviation safety was compromised. NASA Forms are available for Pilots, Air Traffic Controllers, flight attendants, mechanics, and ground personnel. | |||||
| Why do I care about the NASA Form? | |||||
| You, as a pilot care about the NASA form because it provides you with immunity from enforcement actions by the FAA when you meet certain requirements. Reporters are granted immunity because the only time NASA wanted a report was when something had gone wrong. If you are a pilot, and you blew an altitude restriction or something like that, you certainly wouldn't report it because you could get in trouble. But, the FAA has committed itself not to use the NASA form against reporters in enforcement actions. It also has agreed to waive fines and penalties, subject to certain limitations, for unintentional violations of federal aviation statutes and regulations when they are reported using the NASA form. This gives you the reason to report the incident and insulates you from penalties when you do report. | |||||
| When will using the NASA form not work? | |||||
| As discussed above, there are certain exceptions for when you cannot use the NASA Form. They are: (1) When the violation was intentional - If you intended to fly that day and violate the rules, you don't get the benefit of the NASA form. (2) When the violation was criminal in nature - I don't think many of you intend to hijack an airplane, or run drugs, but if you do, don't count on using the NASA form. Won't help you there. (3) If you have been found guilty of a FAR in the preceding five years - If you have been found guilty of violating one of the Federal Aviation Rules within the past five years, you cannot use the NASA Form. But wait you say, "What if I used the NASA Form within the past five years and the FAA did an investigation, said I was at fault, but did not penalize me?" Sorry, you're out of luck. Filling out a NASA Form doesn't mean that the FAA won't do an investigation, it means they simply aren't going to penalize you. They may say you were at fault and are guilty, but that's are far as it goes. However, it still counts against you for using the NASA Form again. (4) When the report was not submitted within 10 days - this is important. More NASA forms have been denied because they were not submitted within the 10 days than I care to count. The sad thing is, this is the easiest rule to comply with. Make sure the report is sent within 10 days. Otherwise, it is not effective. There is a tab on the report that you will receive to show that you mailed the report and it was received by NASA. (5) When there is an accident involving death, serious injury or substantial aircraft damage - This sounds worse than it is. Accident and Incident are two different things. 49 C.F.R. 830.2. More importantly, it is significant to know what is not serious. For example, a wheels up landing is not a significant event as defined by the FAA. Consult with an attorney if this is your situation. (6) When the violation is a result of lack of qualifications or holding a license - It's unlikely that the violator would even know about the NASA form, but if someone steals a plane and takes off without a license, (1) They're crazy, and (2), the NASA form is not available to them. | |||||
| Who really uses a NASA form? | |||||
| I don't know why you don't walk around with a stack of them in your flight bag! Professional pilots probably submit dozens of NASA reports each year. Sure, there are some limitations, but you can submit reports as many times as you like. When you do, you are serving a two-fold purpose. You are contributing to creating a safer National Aviation System and you are doing yourself a service. The FAA doesn't start an investigation because you sent in a report. This means that you can submit a NASA report anytime you think there might have been something questionable. It doesn't hurt you at all to do so. If the FAA does for some reason conduct an investigation, you have your ASRS form ready to go. | |||||
| What should I say in my NASA form? | |||||
| Ah, now we get to the fun part. You should say as little as possible and you should definitely have an attorney edit the report before you send it. There was an interesting case recently where the NASA report was admitted as evidence against the airmen in an enforcement action. It was appealled up through the court system and the NTSB board held that the NASA form could be used as an admission. This ruling effectively nullified the entire NASA reporting system. Fortunately, the FAA recognizing what had occurred, immediately took corrective action and held that they would never use a NASA form against an individual when conducting an enforcemenet investigation. The upshot of the case is that even though the FAA contends they won't use it, you should still be careful what you say. Your choice of words could be the difference between a finding of liable and not liable.
| Where do I send it?
| When the form is completed and signed, mail it by US Certified Mail with Return Receipt Requested to: | NASA Aviation Safety Reporting System Post Office Box 189 Moffett Field, CA 94035-0189
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