AUXILIARY AVIATION TRAINING MANUAL(74)

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A NASA ASRS advisory committee conducts periodic meetings to evaluate and ensure the effectiveness of the reporting system.
 
C.2.  Reporting Procedures Form
 Reporting procedures are found in NASA ARC Form 277B (see Appendix A), which is preaddressed and postage free, and is available at FAA offices.  This form or a narrative report should be completed and mailed to: Aviation Safety Reporting System, P.O. Box 189, Moffett Field, CA 94035-0189.
 
C.3.  NASA Responsibilities
 The NASA ASRS provides for the receipt, analysis, and sterilization of aviation safety reports.  In addition, periodic reports of findings obtained through the reporting system are published and distributed to the public, aviation community, and FAA.
 
C.4.  Use of Reports for Enforcement Purposes
 Section 91.57 of the FARs (14 CFR 91.57) prohibits the use of any report submitted to NASA under the ASRS (or information derived there from) in any disciplinary action, except information concerning criminal offenses or accidents.  While certificate action and fines are not allowed, letter of correction or warning can still be issued.  These will be removed from the pilot’s files in 2 years if no other violation occurs.
 
C.5.  Non-Field Report FAR Violation
 When a violation of the FAR comes to the attention of the FAA from a source other than a field report filed with NASA under ASRS, appropriate action will be taken.
 

 
C.6.  FAA Enforcement Policy
 It is the policy of the FAA Administrator to perform the responsibility under the Federal Aviation Act for the enforcement of the Act and the FAR in a manner that will best reduce or eliminate the possibility of, or recurrence of, aircraft accidents.  The FAA enforcement procedures are set forth in Part 13 of the FAR (14 CFR Part 13) and FAA enforcement handbooks.
In determining the type and extent of enforcement action to be taken in a particular case, the following factors are considered:
. Nature of the violation.

. Whether the violation was inadvertent or deliberate.

. The certificate holder’s level of experience and responsibility.

. Attitude of the violator.

. The hazard to safety of others which should have been foreseen.

. Action taken by employer or other Government authority.

. Length of time which has elapsed since violation.

. The certificate holder’s use of the certificate.

. The need for special deterrent action in a particular regulatory area, or segment of the aviation community.

. Presence of any factors involving national interest, such as the use of aircraft for criminal purposes.

 
C.7.  Violations Without Civil Penalty or Certificate Suspension
 Filing a report with NASA concerning an incident or occurrence involving a violation of the Act or the FAR is considered by the FAA to be indicative of a constructive attitude.  Such an attitude will tend to prevent future violations.  Accordingly, though a violation may be found, neither a civil penalty nor certificate suspension will be imposed if all of the following criteria are met:
　
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