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investigation.

Another good way of minimizing the chances to convert an aircraft incident into an enforcement case is first of all recognizing the jurisdiction of the NTSB over the FAA. Almost everybody thinks that the FAA is the primary authority in aircraft accident investigation and that the reports should be made to the FAA. The truth is that the NTSB is the federal agency that investigates the vast majority of accidents, so all reports should also be submitted to the NTSB. The second aspect before reporting an accident is to see if it fits the definition of an aircraft accident according to the NTSB, there are a lot of incidents that do not even need to be reported. The definition of an accident says that it must involve death, serious injury, or substantial damage, which in many cases do not occur. If the incident is between the parameters, the pilot should limit his notifications and if possible go directly to the NTSB instead of reporting it through an FAA office or facility. A program that is available for pilots and helps in avoiding suspensions or fines resulting from enforcement actions is the Aviation Safety Reporting Program (ASRP). In order to get the immunity, the pilot has to file the Aviation Safety Report within 10 days of the incident on which an enforcement action could be based. The National Aeronautics and Space Administration (NASA) works as a third party in this program. They are in charge of receiving the reports and then tear the part in which the pilot s name is printed. Then they send this part to the pilot as proof. This gives immunity to the pilot, and the FAA cannot take actions on him. This immunity is only granted under some rules, like if the violation was inadvertent and not deliberate. Despite the fact that the FAA knows that an ASRP has been filed, they will fully investigate the suspected violation, but they cannot take any action against the pilot if he filed the report and meets all the requirements. Also the ASRP cannot be used against the pilot during the trial. Finally the handbook refers to the effects of being involved in violations of the FARs. For the majority of the pilots the effects have not been serious. They have paid their fines, complied their suspensions, taken their check rides, learned from the experience and came back to their flying activities. However, there are some cases where being involved in these cases can put the pilot in some troubles. One of them is if you are again involved in some kind of repeated offense, since Past Violation History is the first item in the FAA Manual on Enforcement List. Also you may have troubles when applying for jobs, since airlines take this matter very seriously for contracting pilots. Minor mistakes early on in one s training are less significant and would not make a big difference. Regardless of that, we should try to our maximum capabilities to stay away of this kind of violations. In my personal opinion I think that the AOPA s Handbook of FAA Enforcement Actions is very helpful, since it shows us some of the basic procedures and ways to respond if we are involved in some problems with the FAA regarding FARs violations.



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