Because of an editing error, Rick Aurand's article about the NASA Aviation Safety Reporting System in the Spring 2001 issue of the IDPA Newsletter may have left some readers with the mistaken impression that if they commit an infraction of the FARs and immediately file an ASRS report about it, they will not be the subject of FAA enforcement.

The fact is that if the FAA learns about an infraction not from the ASRS report but from another source, it still can take enforcement action against the pilot. Filing a timely ASRS report, however, will help mitigate the enforcement action.

For example, suppose a pilot departs an airport located under Class B airspace. As the pilot is climbing, oncoming traffic becomes a distraction, and the pilot inadvertently climbs into Class B airspace to avoid the traffic. The pilot knows about the mistake, and upon landing files an ASRS report.

However, another pilot flying in the Class B airspace read the errant aircraft's N-number and Air Traffic Control reported the airspace incursion to the FAA. The local Flight Standards District Office sent the errant pilot a letter of investigation stating that information indicates the pilot may have violated a Federal Aviation Regulation.

The enforcement process works its way through the system. Eventually the FAA determines that the pilot did violate a regulation and imposes a 15-day certificate suspension. But because the pilot had filed an ASRS report in a timely manner, the certificate will not need to be surrendered. The suspension will appear on the pilot's record with the FAA, but the pilot can continue to operate on the certificate.

There are a few situations in which filing the ASRS will not mitigate the penalty, such as if the violation is the result of illegal activity or if it can be proven that the pilot had set out to violate the regulation and then used ASRS to protect against the penalty.

Thanks to CFI Patricia Knight of Clow Airport, Plainfield, Ill., for the clarification, and apologies to Rick Aurand for the editing mistake.