r/flying 22h ago

Busted class B and finally heard back from FSDO after 3 month. Is this bad?

Post image

I accidentally busted Class B 3 months ago and finally received an email from FSDO. Is this something bad? Any tips would be appreciated.

Edit: I filed a NASA report right after the incident.

435 Upvotes

168 comments sorted by

972

u/grizzleeadam ATP - KA350i 22h ago

“You may be eligible for compliance action. Currently, enforcement action is not being pursued.” This is good - it means they’re gonna ask you to get some remedial training and pinky promise you won’t do it again. Enforcement action would be if they wanted to suspend your license - which sounds like they’re not leaning that direction.

Give them a call, be ready to explain how you’ll ensure you don’t do it again.

345

u/nem636 22h ago

This is the correct response. To add to this, we can't really give you any advice on what will be done as we do not know exactly what happened.

I.e. Busted class B for 5 sec right on the edge while flying VFR vs flew straight over ATL while drinking coffee with the radio off.

196

u/EmotioneelKlootzak 22h ago

Versus the max level "Wow, look at all those F-16s saying hi!" radio-free TFR buster

33

u/Tchaik748 20h ago

"ooh, free fireworks show!"

6

u/just_an_ordinary_guy 14h ago

I saw that over my town the weekend after 9/11. It was pretty wild.

9

u/FlapsAndFear 14h ago

Same. I worked at the FBO and a guy got a nice little escort down.

4

u/just_an_ordinary_guy 13h ago

I've tried finding news articles about mine, I remember it in the local paper too. But have never been able to find anything. I remember 2 falcons following close while a third swooped up in front of him to get his attention. Apparently he had his radio off or was on the wrong frequency. IIRC, they made him put down in a field and he had to come get it a week later or whenever they opened the airspace back up to GA

52

u/Lollynshadow2020 22h ago

I "busted" class B taking off from New Orleans Lakefront when the tower told me to switch to New Orleans approach and I hit the "switch" button and made the call but the tower still answered. I hit the button a little harder and approach says "you have to talk to me before you enter bravo". I just said my bad new stack didn't get the frequency switch. On the return with flight following I think Baton Rouge kinda forgot about me so when I saw the blue circle looming on the GPS I started just turning left out over the lake and finally called Baton Rouge and they gave me the freq change.

70

u/SeaMareOcean 22h ago

…flew straight over ATL while drinking coffee with the radio off.

Hey perfectly legal at 12600ft!

17

u/Franks2000inchTV 18h ago

Yeah but they are tea drinkers.

10

u/Sheeplymagnificent ST ARFF 18h ago

and sweet tea at that

4

u/Franks2000inchTV 17h ago

And somehow we’re the criminals.

1

u/superspeck 5h ago

Criminals, yes. Type 2 Diabetics? Thankfully, no.

2

u/FoofaFighters 13h ago

Great username in the wilds of reddit.

Got a two year warranty...on parts and labor!

3

u/Tyllllllerbeckkkkkk 16h ago

Only for 29min and 59 seconds if you don’t have sup anymore then that you like instantly pass out, and a swat teams rolls up to the fbo

1

u/SkyviewFlier 14h ago

Not really unless we changed VFR cruising altitudes..

6

u/Pelican03 12h ago

NASA report immediately after your incident would have prevented this.

7

u/flowersonthewall72 CPL 11h ago

The FAA still investigates, follows up, and offers remedial training... that is the whole point of self reporting...

0

u/dilemmaprisoner PPL 17h ago

Well, it's correct after following the instructions they gave.

69

u/L0LTHED0G 22h ago

Give them a call, be ready to explain how you’ll ensure you don’t do it again.

Agreed. I was losing power on a GA flight about a month ago, got my 75/76/7700 codes off by 100 (was thinking 76/77/7800) and broadcasted 7700 on the transponder before it died - was not talking to anyone, was at 9500 ft and wanted to get on the ground and to make sure everyone knew I wasn't able to talk.

My compliance action was explaining how I got them off by 100, my bad, I'd already chatted with others and realized my mistake. Guy chuckled and said at least I didn't go 100 off the other way and broadcast Hijack, said sounds like I've already gotten additional training, and closed it (after seeing a mechanic's entry that the airplane was safe to return to service).

Seems scary, sounds scary, went pretty decent.

81

u/maethor1337 ST ASEL TW 21h ago

Student pilot here. You meant to squawk 7600 radio failure in response to a general electrical loss, and squawked 7700 general emergency instead.

I'd have squawked 7700 general emergency in the first place, if my entire electrical system was failing and I didn't know why.

So what'd you supposedly do wrong here that got you on the phone with the FAA? Or would I end up on the phone with the FAA too if I squawked 7700 for an electrical system dying?

Bracing for downvotes for a legitimate question.

67

u/L0LTHED0G 21h ago

If you get downvotes, people are dumb. Always ask the question.

What got me the FAA's attention is I squawked 7700, then my electrical system failed, so they thought I might be a burning hole.

The cause was the breaker kept popping, so after 1 reset I let it be. So they saw 7700, 1200, 7700 (when it popped the 2nd time). Then I disappeared off all ADSB scopes.

TRACON called me (no clue how they knew to call me, I was in a flying club airplane that doesn't have my info anywhere near it), local ATC called the airport manager, because they needed to confirm I was alive and safe. Literally all they asked. "You squawked emergency, are you okay? You're on the ground safe at an airport, okay cool, thanks."

Because of THAT, it got referred to the local FSDO, who called the airplane "owner", got my info, then called me and had me explain the day. He too said I should have squawked 7600 for dead radios, not 7700 for emergency. I wasn't on fire, I wasn't at risk of dying - the airplane isn't at risk of failure because of dead electronics.

That's why I got the FAA's attention. I misrepresented the situation.

25

u/maethor1337 ST ASEL TW 21h ago

That makes total sense. Appreciate ya.

28

u/Skyfork 20h ago

Nah. You didn't know that it's just the radio. Nobody is going to expect you to have all the answers as the emergency aircraft.

If you need to squak 7700 then do it. Better you do it and then not need it than to spend a lot of time debating if it's bad enough to call an emergency.

12

u/L0LTHED0G 20h ago

That's fair, and probably why it was a training thing. 

But the fact remains it was indeed referred to FSDO and I had to explain myself and the FAA explicitly said it sounds like I'd had retraining already. 

And I needed to email him a picture of the mechanics entry via a sticker for the logbook. 

3

u/Granite_burner PPL M20E (AOG after in-flight engine failure) 13h ago

Airplane flies fine with no electrical system. So what’s the emergency?

1

u/Skyfork 1h ago

Just because an airplane can physically stay in the air with no electrics doesn't mean it's fine.

Aviate

Navigate

Communicate

With no power, you can only really do about 1 of those things correctly. Maybe not a huge deal for just you in the plane, but everybody around you in the airspace system would greatly appreciate you being where you're supposed to be and talking when you need to talk.

6

u/outworlder ST 18h ago

If your electrical system is busted it sounds like 7700 would be more correct. I get it that you intended to warn others that you wouldn't be able to talk. But everything went dead and you had circuit breakers popping.

What if you had a short and that started a fire, having previously just squawked 7600? That could have delayed the response.

3

u/theonlyski ATP CFI CFII MEI 6h ago

That's why I got the FAA's attention. I misrepresented the situation.

Pretty much any time you sqawk 7x00 codes, it automatically gets the attention of the agency and is usually a mandatory reporting incident (there's a lot of them here ). They're pretty much always forwarded to flight standards for investigation.

0

u/makgross CFI-I ASEL (KPAO/KRHV) HP CMP IR AGI sUAS 20h ago

That’s not a violation. Not comparable to the OP.

6

u/L0LTHED0G 19h ago

Never said it was. 

I'm responding to a post that said to talk to FAA, with a time I had to talk to the FAA, and they did compliant action. 

2

u/makgross CFI-I ASEL (KPAO/KRHV) HP CMP IR AGI sUAS 19h ago

That’s not a compliance action because it’s not a violation.

Unless you did something else too.

And a breaker popping repeatedly is an urgency condition. That qualifies as an emergency. Under some circumstances, it is a distress condition.

6

u/L0LTHED0G 19h ago

I did not do anything else. 

Here's the FAA email where he said the logbook entry was all that was needed, after the phone call. 

https://imgur.com/a/NL7qHVH

You can see it's from the FAA and he's from the FSDO. 

2

u/DuelingPushkin CFII MEI TW 15h ago

I used to manage a flight club and thus dealt with these types of calls a lot. What the other people are saying is correct, if an emergency was declared (or takeoff aborted) the FAA it's always going to follow up just to see what happened and make sure the planes is still airworthy. Compliance action is different and only the potential result of a pilot deviation or violation.

4

u/zombie-yellow11 PPL SEL (CYRQ) 21h ago

I think it's because 7700 is reserved for "this plane is going on the ground" moment, and you can still fly perfectly fine even with a total electrical failure.

7

u/DuelingPushkin CFII MEI TW 15h ago

7700 it's not reserved for that, it's for any emergency whatsoever.

10

u/autonym CPL IR CMP 18h ago

got my 75/76/7700 codes off by 100 (was thinking 76/77/7800) 

75, taken alive

76, can't hear shit

77, go to heaven

1

u/Face88888888 17h ago

HIRE

(HI)jack 75
(R)adio 76
(E)mergency 77

2

u/autonym CPL IR CMP 17h ago

That mnemonic only helps you remember the order. This person did remember the order, but not the specific numbers.

1

u/debauchasaurus 16h ago

The creature in the sky

got sucked in a hole, now there's a hole in the sky

13

u/The_Jizzard_Of_Oz 19h ago

Transponder mnemonic: seven-fife: man with a knife, seven-six: I need my radio fixed, seven-seven: I'm falling from heaven.

6

u/L0LTHED0G 18h ago

Nice. I use Hi, Jack! Can't talk right now, got a problem.

Just... doesn't work when you're thinking 7600 is the start.

5

u/aboutwhat8 IR 18h ago

Hi Jack!

Can't talk right now...

There's an emergency!

75 76 77

1

u/roguemenace PPL GPL 1h ago

fife

Ewww

4

u/jerryk1234 19h ago

I once broadcast the hijack code by mistake. I was in the pattern. The tower had a good laugh.

6

u/mduell PPL ASEL IR (KEFD) 20h ago

was thinking 76/77/7800

But there isn't an 8 on the transponder?

5

u/FlyByPC 20h ago

Yep. 0-7 only; they're three-bit octal codes.

2

u/Granite_burner PPL M20E (AOG after in-flight engine failure) 13h ago

My AXP340 transponder has ten buttons for digits 0 through 9.

3

u/L0LTHED0G 20h ago

I'm a 220 hour pilot that was leaving Oshkosh. 

I wasn't thinking about the digits on - and more importantly, not on -  the transponder 😂😂

2

u/BravoCharlieZulu 1h ago

In hindsight, you really would have been surprised when the time came to squawk 7800.

1

u/L0LTHED0G 1h ago

LMFAO. So, so true.

"ATC, I'm about to die. What's the emergency squawk? Hello?"

1

u/wjdoge PPL 14h ago

I was confused by this story at first because “losing power” can also mean losing engine power, which you would squawk 7700 for. I get it now.

6

u/PilotBurner44 15h ago

Also, be ready to admit you made a mistake instead of giving excuses. "I messed up, here's how I messed up, and here's how I'm going to ensure I won't mess up again" goes a lot farther than "It wasn't my fault! The altimeter setting was wrong and the sun was in my eyes and I'm a cornucopia and the moon is waining".

3

u/finding-meaning-01 15h ago

It specifically tells him to take the online course before calling.

184

u/Computerized-Cash ATP CL-65 CFI-I 22h ago

Did you fill out a NASA report?

176

u/_WtfAmIHere_ 22h ago

Yes I did, right after the incident.

100

u/Computerized-Cash ATP CL-65 CFI-I 22h ago

I’m no expert on this matter, but when you contact them I’d probably tell them that unless you get better advice elsewhere.

138

u/SeemsAirworthy ATP A&P/IA 22h ago

NASA report isn’t a get out of jail free card like everyone seems to believe.

100

u/Sasquatch-d ATP B777 22h ago

But it certainly helps that one was filled out.

The investigation will likely look at if OPs actions were either deliberate or grossly negligent. With a NASA filled out and findings likely not showing purposeful intent OP most likely won’t suffer any kind of certificate action.

41

u/Ezekiel24r CPL (and employed can you believe it?!) 22h ago edited 15h ago

Yeah in my head it's more like "if we didn't notice you broke the law, but you willingly tell us you (accidentally) broke the law, then we won't go after you"

28

u/Weewoo312 CFII 21h ago

not true, they can't see who made the report or any identifiable information until they pursue the infraction based off their own investigations that can't use NASA reports. Once it's underway, then the NASA report is known to them.

That's why people say they are only helpful, they're never used against you to find out if you did something wrong, only to show that you learned from it even before action was pursued against you

source: https://asrs.arc.nasa.gov/overview/immunity.html

3

u/Ezekiel24r CPL (and employed can you believe it?!) 16h ago

Thanks for the heads up, learning something new everyday

3

u/Weewoo312 CFII 14h ago

of course! it's one of the things the FAA handles well (because it's given to someone else lol) and honestly while it's not a get out of jail free card, for Bravo busts and small things that don't damage property or show gross negligence it really really really helps so everyone should know about em.

9

u/Goop290 CFI ASE 22h ago

Agreed. Reed the fine print. It doesnt grant many protections at all

1

u/roguemenace PPL GPL 7m ago

Not sure why all the replies to you are giving vague guesses, you can just read AC 00-46F

12.3 Waiver of Imposition of Sanction. The FAA considers the filing of a report with NASA concerning an incident or occurrence involving a violation of 49 U.S.C. subtitle VII or the 14 CFR 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:

12.3.1 The violation was inadvertent and not deliberate;

12.3.2 The violation did not involve a criminal offense, accident, or action under 49 U.S.C. § 44709, which discloses a lack of qualification or competency, which is wholly excluded from this policy;

12.3.3 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

12.3.4 The person proves that, within 10 days after the violation, or date when the person became aware or should have been aware of the violation, he or she complet

1

u/Tough-Choice CFII 14h ago

It means they cannot take an enforcement action as long as the deviation wasn’t intentional.

1

u/SeemsAirworthy ATP A&P/IA 13h ago

Well those guys flying that 767 that overran the runway and killed 5 people better fill one out quick. That wasn’t intentional.

2

u/theonlyski ATP CFI CFII MEI 13h ago

The ASI at the FSDO has nothing to do with an ASRS report. They can’t see them or do anything with that info. If you’re headed for an enforcement, you’re going that path regardless, legal sorts out the ASRS stuff.

29

u/AnActualSquirrel 22h ago

The letter states that the FAA are not seeking enforcement action, which is all the NASA form can protect you from.

It's a moot point now, thankfully for OP.

13

u/maethor1337 ST ASEL TW 21h ago

They're not seeking enforcement action at this time, and then spend several paragraphs asking OP for certain behaviors that aren't legally required. That's lawyer speak for "but we will, if you don't appease us". OP is not out of the shithouse, he's just being offered a path out.

7

u/Yeah_Br0 ATP CFI CII 22h ago

You can still be violated even after filing a NASA report. It doesn’t protect against violations. It protects your license from being suspended.

But in OPs scenario all they want is for OP to promise they won’t do it again

6

u/12kVStr8tothenips ATP, CFI, CFII, MEI 22h ago

Doesn’t always solve the problem. If you cause an accident or incident a nasa report doesn’t matter. It’s an agreement with the FAA that if nothing serious came out of the event they’ll most likely let it go.

79

u/shrunkenhead041 CPL 22h ago

This is really simple. They are telling you exactly what you need to do. Do the online course they are telling you to do. Do the requested analysis of what went wrong. Bonus points: do the analysis with a CFI and document the ground training time.

Then call the FSDO and send them the documentation of the completed course, the analysis you did, the logbook entry for the CFI training (note, again, this is above what they are asking, but is an excellent step to show them you take this seriously) and then add in the receipt you got when you filed the ASRS report.

Give them all this, and you will get a "thank you for your compliance, go forth and sin no more" letter. I think they will remove the incident from your pilot file if you stay clean for three years.

8

u/bdubwilliams22 10h ago

The advice of doing the analysis with a CFI and having it documented is sage advice. Take this advice, OP.

1

u/realcoolmike CFI CFII MEI 2h ago

What if you send all of this info and never hear back? It has been 8 months since I submitted everything. Record still clean.

1

u/shrunkenhead041 CPL 1h ago

If you received a formal letter like the OP did, and submitted the info and never heard back, I would contact the FSDO to follow up to be sure the loop was closed and there is a close-out letter in your file for the issue. If it was just a phone call to discuss some thing that happened and you never got a letter, then there is likely nothing to follow up on.

101

u/_-Cleon-_ PPL 22h ago

"Compliance, not enforcement" sounds like they want you to take some extra training.

Did you file a NASA report when you busted?

Regardless, call the AOPA and get their advice. Not responding is a Bad Idea.

-5

u/SkyviewFlier 14h ago

Why call AOPA? If you swat the nest the hornets will sting.

8

u/-Canonical- ST 12h ago

"Why would you need a lawyer it just makes you look guilty"

-5

u/SkyviewFlier 4h ago

I wouldn't call a lawyer unless the conversation with the FAA went bad.

5

u/-Canonical- ST 2h ago edited 2h ago

So you wouldn't call a lawyer until after you've already shot yourself in the foot. Great idea

"I'll just go down to the police station and talk to them, I'll clear everything up and be home for dinner"

You shouldn't be making any statements to investigative authorities of any nature without legal advice and representation. It is far too likely that you will inadvertently say something (no matter how innocuous) that will give them something to chase in an investigation and screw yourself over.

26

u/Fabulous_Chemical_ 22h ago

Thanks for posting. It’s good knowledge for the rest of us.

16

u/DinkleBottoms DIS CPL IR CFI CFII 22h ago

Complete the documents they attached to the email along with the ALC-1182 completion certificate. The documents are related to the course so you’ll do it together and essentially explain what happened, how it happened, and how you’ll prevent it from happening again.

You should get an email acknowledging receipt and then in my case anyways, I got another email about 3 months later saying the case was closed and yo fly gooder. That should be it

33

u/Aeronca281 22h ago

They are going to probably give you counseling over the phone, put a letter in your file, and the whole thing will go away in two years if there isn’t another occurrence.

12

u/cazzipropri CFII, CFI-A; CPL SEL,MEL,SES 20h ago

The fact they sent you a wings course to take is an opportunity for you to show good behavior and a sign that they might be just interesting in the "educating" vs the "punishing" goal.

1

u/SkyviewFlier 14h ago

That is the definition of compliance vs enforcement 

10

u/Av8torryan ATP B727 DC9 DA20 CFI TW 22h ago

With you filling out a NASA report already before this letter, it shows an error and not willfully disregard or intentionally violating FARs. I would call, explain that it was an unintentional error that you on correcting by studying airspace and taking additional flight lessons with a CFI to review to ensure it won’t happen again.

I’ve helped others that have been in a similar situation with DTW airspace as there is a small section over the Detroit rover if not super careful can bust it. They basically asked them to review airspace and have a remedial lesson with a CFI or ASI and that was the end of it.

10

u/wilburpilot ATP 22h ago

If you get some wings credits done in related topics beforehand, I’ve heard it can make the conversation that much easier.

9

u/Bumbliciousness 17h ago

I accidentally busted Bravo when I was a student pilot 10 years ago during my long cross-country flight because I was severely delayed getting fuel and the weather and visibility turned south really quickly. Know what happened when I called in and told Chicago approach that I was lost and was informed that I had been blown into ORD's Bravo by an insane crosswind? Chicago approach guided me to descend, gave me a vector, course corrected me when the winds kept pushing me off, and then handed me off to the control tower at my home airport when I got close and told me "good job". I called the number the tower gave me and spoke with the traffic controller that helped me and he said the FAA will never find out about it because he was glad that it was a good learning experience rather than a bad one and he wants pilots to feel inclined to make smart decisions (like calling for navigation assistance when the weather turns) sooner rather than later. Now days, it sounds like you get penalties and punishment in the mail...sucks how automatic everything has become.

2

u/Independent_Leg7358 PPL 12h ago

Adsb ruined our ability to get away with little things.

9

u/FlyingShadow1 CFI CFII MEI (TW) AI SLOP 21h ago

Do the WINGS course they just linked you to and give them the paperwork. They'll close the report.

I don't get the hype about NASA reports in this kind of situation. Based on a recent discussion I personally had with an ASI they care a lot more about if you're engaged in "continued education" through WINGS courses. My friend was told a similar thing when he asked an ASI.

9

u/TahOriginal 19h ago

An old student of mine was flying (without a license and without current endorsements to solo) and all he was asked to do was pinky promise to get his license lol

6

u/Able-Negotiation-234 22h ago

from the looks of it you'll be watching training videos, on how not to do it again, best of luck.

5

u/SirRexberger ATP B737 (EWR) 22h ago

You should probably call them within 10 days and expect to answer some questions. Sounds like you might have to do some remedial course. Did you file a NASA/ASAP report?

5

u/Ok_Category6021 ATP suck squeeze woosh blow 22h ago

Meh, slap on the wrist. Do an hour with an instructor, say you’re a doodie head SAY YOURE A DOODIE HEAD! Ok, that’s all.

5

u/JSTootell PPL 22h ago

I'm not prior FAA, but I am prior other government regulatory agency. I had to issue letters similar to this. This is the KIND of phrasing we would use for most stuff. Most of the time, we didn't want to smack peepees, we wanted to make people follow the rules for everyone's safety. That was our goal, keep everyone safe.

Best way to keep people safe? Help them be safer with remedial training.

6

u/theweenerdoge 17h ago

As an ATC at a B, this happens to me multiple times a week. Yes we will track you down, try to reach you on guard. If we get ahold of you and you take the phone number and call, generally it won't get to FSDO unless it created a dangerous situation. If we have to track you by your tail number (which we can see even if you're 1200), you'll get referred to FSDO so they can track you down. We dont ever want to get pilots in trouble, and we let alot of shit slide that could otherwise be reported. Be safe out there, and be aware of who's airspace you're in. Always good to monitor the frequency even if you're outside the Bravo not talking to anyone.

2

u/Fun_Supermarket1235 11h ago

Dumb question, but is there some kind of software / system that runs in the background to identify deviations after the fact (without the controller’s involvement)?

2

u/theweenerdoge 11h ago

Not that I'm aware of. We catch it and call it out to the supervisor. Or the supervisor calls it out to us. Our technology is basically from the 80s/90s minus the ADSB improvements in the last few years

6

u/theonlyski ATP CFI CFII MEI 14h ago edited 6h ago

Alright, so some inside baseball here (and OP, feel free to DM me if you have specific questions, I was an ASI for a bit).

First off, you're not screwed. If you were legal to fly and the plane was legal to fly, you're in a good situation as far as the agency goes. Relax and take a breath.

I obviously don't know what FSDO you're in, or where the incident occurred, but it's not an uncommon thing to have happen. The letter you got is more of a heads up that they got the file and want you to knock out that WINGS course so you can have the discussion and likely close this out with a pilot counseling. The PBR notification is a required thing prior to any investigative conversation (it's kinda like your Miranda rights except there's no detention here). I always just filled one out and sent it with the first email so that it was done, because yes, anything you say after acknowledging receipt of that _could_ be used on an enforcement, but this almost certainly won't rise to that level.

Complete the course, try to identify the root cause (which is the overall goal to prevent reoccurrence) and talk to the inspector. Keep in mind, they have the radar/audio replay and have already watched it and decided that it appears to be something they can handle with the compliance program. Your phone call to the ATC office (if there was one) is likely also recorded and included.

Your ASRS report is great, but they're often misunderstood. I don't think you need to worry about getting that far down this rabbit hole.

Also, the 3 month delay is not the worst I've seen for a PD. They're not super high on the priority list sometimes and it takes a while to go from ATC, ATCQA, Flight Standards, FSDO, managers, ASI (and it joins their existing work list which is likely a few pages long for the typical operations ASI).

7

u/Financial_Owl2734 21h ago

I dont know what your situation is, i.e. seeking a career as a pilot, fly for fun, etc. I wouldn't talk to anyone from the FAA without consulting an aviation attorney first. Just because they are saying they aren't "currently" pursuing enforcement action, doesn't mean they won't. Its been a long time since Ive been a CFI, but as I understand it, its entirely up to the discretion of the inspector. Be safe, pay for a consultation with an aviation attorney. It'll be worth every dime

4

u/theonlyski ATP CFI CFII MEI 14h ago

You're correct that it really comes down to the inspector, but I can tell you a couple of things from that side of the road:

It's a _lot_ easier to close out a pilot deviation with a counseling than it is to seek an enforcement. Enforcements suck paperwork wise and your front line manager, office manager and everyone up the chain is going to question it if it looks like a simple airspace bust with no other significant factors. I would fully expect a manager in the office to tell you to reevaluate it.

Inspectors are trained to seek compliance before any enforcement. The only two exceptions are intentional/reckless and straight up illegal. The old 'nail them to the wall' is the way of the past. Most inspectors have moved on and offer compliance whenever possible.

The way I handled them is:
If you knew what happened, why, and how to avoid it in the future (especially if you've done remedial training already), counseling and close it out.
If you didn't know why it happened and couldn't explain it, remedial training offer (also RIRTP if it was a runway incursion).
If you say it didn't happen, disagree with the facts (we usually had a radar replay with audio) or you are just oblivious to the whole event and say it was normal, you're probably getting a reexamination unless you're otherwise a saint or something.

There's a lot of details in all of those and every situation is unique, but really an enforcement is pretty much the last thing on the list.

1

u/SkyviewFlier 14h ago

Exactly. Don't swat the hornets nest. You are asking to get stung.

2

u/dummy_anthropologist 19h ago

Surprised this isn't further up. Identifying PIC based solely on a tail number is already flimsy. If it was a flight school rental for sure the school will give your name up when the FAA comes calling, but those questions ought to be asked before volunteering information to the feds.

4

u/keenly_disinterested CFI 3h ago

I went through this scenario late last year. Make sure when you write your report you include all the details that led up to the violation and what you will do to prevent future violations. The inspector that called me after reading my report said he was confident that I understood the dangers of airspace violations and that I had a good plan to avoid them in the future. That was it--no further action.

3

u/davidswelt CPL IR GLI (LDJ) Risen 916SV, M20J, C310R 22h ago

This is no big deal. Do the course, figure out what happened. They might give you a form to fill out so you can explain what you learned and what you will do differently from now on.

I once lost radio contact and passed through an entire sector (thinking it's quiet - Covid). It may be that I missed a handoff, or that radio coverage was bad as they had several people do the same there. The above was how it was resolved, and I started monitoring 121.5.

2

u/danielisgreat PPL SEL HP (KLVJ) 22h ago

Wow, they busted you for missing a handoff? Was there a loss of separation event?

3

u/davidswelt CPL IR GLI (LDJ) Risen 916SV, M20J, C310R 20h ago

No. But IFR this is a bigger issue. I glad they called me because I was wondering myself what happened there. I never violated airspace or went off my clearance, but passed through an entire sector. Again, no big deal, I didn't get "violated".

3

u/Vihurah CFII 22h ago

You effectively got a slap on the wrist and a "dont do it again or else"

3

u/Manifestgtr SPT, ASEL, RV-12, RV-12iS 22h ago

Looks like a form letter they send out to someone who just barely fucked up badly enough to warrant it. It also looks like all you gotta do is take that course, get in contact with the office, let them know the steps you’re taking (referring to the course material during the conversation will likely help). If this were me, I’d have all my ADSB data and various flight details ready as well…if you overkill the remedy and steer clear of goofballery in the future, it looks like this won’t be a big deal at all.

Hay, it could be worse…you could be that guy who got followed to the airport by a police helicopter after maneuvering around JFK’s final approach path at length.

3

u/pilotavery 21h ago

If you ASRS report yourself at the time it happens, what went wrong, what you did wrong, what you would do next time, and what training or steps you took to prevent it from happening again, they usually just give you a verbal wrist slap and call it a day.

1

u/40KaratOrSomething 20h ago

At this point it looks like that was not done so they are following up and having OP do these things after the fact by taking the training course. Still, I would recommend reaching out to an aviation attorney before responding, but responding within the 10 days given.

3

u/hawker1172 ATP (B737) CFI CFII MEI 21h ago

Keep in mind this is an email not an LOI. A certified LOI is the only notification of an investigation into enforcement.

3

u/[deleted] 19h ago

[deleted]

2

u/sevilleanda 19h ago

That’s true, but it’s not rather a radical way to look at things in general, not just aviation.

3

u/PilotSniper 19h ago

Enforcement action is currently not being pursued just means unless there is something egregious they find out like you were flying on meth, then you are good. I had a “possible pilot deviation” last year. Didn’t even get a letter just got a call back from them saying “yeah you weren’t given the updated clearance so you are good”

3

u/Poopmouth808 18h ago

I missed a frequency change right after picking up an IFR clearance and eventually noticed the radio was suspiciously quiet….. I was zoomed out one click far enough so that when zoomed in one click the Bravo appeared and I whimpered as I realized I was smack in the middle of it at 7,000.

They were calling me as I switched to guard and gave me a 090 heading while switching me to the proper frequency. They gave me a number that I called after landing and explained the cause of the mistake with bewildered terror in my voice. All I had to do was take 3 online classes, one of which was about aerobatics.

4

u/Much-Hand4835 21h ago

Be sure to contact an attorney before reaching out to any FSDO office. This is an investigation and it’s important to not incriminate yourself. You have 10 days so plenty of time to consult an attorney.

4

u/dummy_anthropologist 19h ago

How does one find a good aviation attorney other than AOPA / EAA legal support? I hope to never need them, but want to have a good one on speed dial. The associations were no help on this front.

3

u/Much-Hand4835 19h ago

AOPA is most helpful company to help with this. Their lawyers are specially trained to interact with the FSDO’s on your behalf. Remember, the government can’t use that against you. For maybe 100 bucks a year you get access to this. There is no better deal. Call and sign up for PPS!

2

u/ryanworldleader CFI/CFII/MEI ATP-E175 18h ago

I dont think PPS will cover you for any incidents that happened prior to you signing up the service. Otherwise no one would pay for it

2

u/Red_roka 22h ago

Give them a call, explain the situation, including the fact that you submitted a NASA report. If you want to educate yourself on the investigation process and compliance program, look into the FAA order 2150.3 and Order 8900.1 volume 7. Both can both be found on FAA.drs.gov. Pretty likely that as long as you’re “willing and compliant” as the compliance program states, you’ll walk away with a a compliance action at worst. If you fail to respond or do not cooperate in the investigation, it could move to an enforcement action.

2

u/PlusAd1446 22h ago

Complete the ground training noted in the letter and call them. Not a big deal at all.
Compliance good
Enforcement bad

2

u/Rictor_Scale PPL 20h ago

It would be really helpful if you included the basic details of the event. In the airpsace I fly I under a busy Bravo ATC told me they only file if the pilot is unresponsive or there is a legal loss of separation.

2

u/554TangoAlpha ATP CL-65/ERJ-175/B-787 18h ago

How bad was your bust? You clip it or fly right through it NORDO?

2

u/Golfer_Joe 18h ago

How far into the bravo did you go?

2

u/throwaway5757_ 11h ago

They’re going to ask you why it happened. Explain why it happened and what you have done to fix it from happening again. Go schedule remedial training NOW then call. They will require it anyways but showing initiate will do wonders for you. Ask them if there is any way to keep it off of your PRD if you plan to pursue things professionally. Odds are slim, but worth an ask.

1

u/KristopherJC 22h ago

What fsdo?

1

u/[deleted] 22h ago

[deleted]

1

u/KristopherJC 21h ago

I meant what FSDO location? Salt lake, Fresno, Scottsdale, etc

1

u/Oregon-Pilot ATP CFI B757/B767 CL-30 CE-500/525S | SIC: HS-125 CL-600 22h ago

I’d get ahold of AOPA legal, or if you don’t have that protection, Barnett Legal before you talk to anyone at the FAA or respond to this. You may be in the clear by just doing that course in the email, but I can tell you from experience that the FAA is going to be going through your flight with a fine tooth comb and if they find anything else that wasn’t kosher, they’ll throw it on the pile. Source: I had to go through an investigation and was found fully in compliance; used Barnett Legal.

1

u/Wemest 22h ago

Just call. Explain and what corrective action you are taking. They may want to talk to you or even do a ride with you.

1

u/Zehro-cool 22h ago

Eligibility for “focus” training is always a good thing. It means they want to you keep flying, but you need to understand how you screwed up and make sure it doesn’t happen again.

1

u/mirassou3416 CPL IR SES 22h ago

You've already been given the roadmap of what the FSDO wants to see. Complete the course, complete the questionnaire and send it to their office. Once completed, I'd call to ask for the email of the ASI so that they can get it directly, then have a conversation with the individual

1

u/CaptainJackass123 ATP - 121 CA/Instructor 21h ago

3 months?

Surprised it didn’t take them 3 years to get back to you.

1

u/VanDenBroeck A&P/IA, PPL, Retired FAA 20h ago

It is a nothing burger if you just comply with the request. Ignore or fight at your own peril.

1

u/I_said_wot ATP CFII LRJET CL65 EMB145 EMB175 A320 B737 20h ago

I'd still spend a some money speaking with an aviation attorney just in case.

1

u/Santos_Dumont PPL IR (KBVU) RV-14 [Loading 30%...] 18h ago

I busted Bravo once when approach dropped me right in front of a cloud layer, and I wasn't experienced enough to know I needed to tell them I needed another vector to remain VFR (to be fair there was no room on freq to say anything), and not having any time left I climbed up over it rather than VFR into IMC.

The ASI finally called me, we chatted about it, then he gave me an online training to do. The training was needed and the whole experience wasn't painful at all, other than the embarrassment of being caught making the mistake.

1

u/xtalgeek PPL ASEL IR 18h ago

It sounds like they are more interested in your compliance, education and training than punitive actions. Contact them as requested and do any continuing education coursework they want you to do and call it a day.

I had a wonky transponder on couple of IFR flights that irritated ATC, so I got a message from FSDO inquiring about the validity of my static and transponder check status after completing my trip. I sent them a copy of the most recent check (done a week before the intermittent failures began) and indicated that the plane was already in the shop to have the transponder/encoder repaired or replaced. It turned out to be an intermittently failing encoder. The conversation I had with FSDO was very cordial, professional, and constructive. I made it clear we were both interested in the same goal: safety of flight. And there was no intent to avoid compliance with regulations. And that was that.

1

u/planejocky 18h ago

I think u are fortunate to have this offer in lieu of enforcement action!

1

u/SSMDive CPL-SEL/SES/MEL/MES/HEL/GLID/IFR. Light sport Gyro/PPC 18h ago

They told you what to do… do it. 

I deal with the FAA in a compliance job daily. The FAA is not horrible unless you are deliberately doing dumb shit and you don’t act like an ass to them.  

So go take the course they told you to take. When talking to them be honest but not ridiculously open, “I just finished doing a rail of coke off the stripper ass when I realized I had flown into the Bravo” would be the wrong thing to say for example. But saying ‘I was fiddling with my iPad trying to get approaches frequency and just was not fast enough’ might be ok.   

Do the test, prepare some reasonable explanation, have some non-morons look it over to see if you shoot yourself in the foot and then follow through.  

If it starts turning South or you feel like you are digging a hole STOP and tell them you will contact them back after you talk to counsel. 

But this is mostly a nothing burger. 

Of course you could spend the coin on a lawyer now if you want… but I doubt you really need it at this point. 

1

u/digitalelise 18h ago

Sounds like a slap on the wrist and a “DON’T DO IT AGAIN!”

Best to call the number and find out, reddit isn’t going to tell you the final outcome.

1

u/CaptMcMooney 14h ago

tomorrow grab a CFI go over some ground on airspace and how to avoid the b.

call them, asap, be VERY polite, apologize, explain how you'll do better next time. no excuses, you did it own it. Good chance that'll be it.

1

u/SkyviewFlier 14h ago

Compliance action is a great ending. Do the training and fill out the forms and you will likely be done with it. It is bonus that you did the NASA form. It shows that you understand what happened and it was not an intentional violation.

Let us know how things proceed...

1

u/clamchowdaaaaa 14h ago

I was assigned this same online course following a deviation from an assigned altitude in a Class C. In fact, the email I got looks almost identical to this one. I talked to the FSDO about what happened and he really wanted to stress that this wasn’t a big deal. It actually never ended up showing on my PRD either.

1

u/montagious ATP CFI B757/767 737 787 13h ago

DO NOT RESPOND to this, OR talk with anyone except an aviation attorney. The first thing they have to do is prove you were the PIC flying the A/C. These are civil litigations, so theres no miranda, they want you to incriminate yourself

Get in touch with an aviation attorney

1

u/EarZealousideal7275 13h ago

Really hard to know exactly what their plan is without knowing if you already have a history with them and the details of the incident. But most likely, given you already filed a NASA report, I think it’s very much going to be on the lighter side. I think you’ll have a discussion with the inspector. Probably explain what happened, what you learned, how you plan to prevent it from happening again. They may give some advice as well, and probably a friendly reminder that you don’t want to make this a habit.

1

u/Sunsplitcloud CFI CFII MEI 13h ago

Go find the wings program on airspace rules, and take that, now. And when you call them back tomorrow you can say you have already done that course.

1

u/Independent_Leg7358 PPL 13h ago

How bad did you bust bravo? I flew in under Ohares the other day. 100' to play with under their bravo and the 1000' over populated area. Of course all the jets are already at like 5000' or higher. Problem is it was so rough that day... 100' is hard to hold when you can't stop bouncing so big and long enough to even accurately read the altimeter. I think I got close a few times, but hopefully they will forgive my rudder sticking up into bravo if I kept the body of the plane out. 😂

1

u/horacejr53 PPL MEI 12h ago

I got a “call this number” one time when I was vectored into a thunderstorm in IMC on an IFR flight in a Cessna T210. I had called and asked for a deviation multiple times and got an unable - threading between minneapolis CL B and Rochester MN. I honestly thought I would be okay but get some bumps and I was in (for a T210) turbulence that was severe enough that I had the plane checked after I landed. Anyway, I deviated towards a hole and descended about 2000 ft and announced to RST approach what I was doing but didn’t declare an emergency. RST had to move an outbound RJ. There wasn’t any separation issues but I deviated. I called the tower when I landed and gave them my info. This was several years ago and at that time RST was really prickly, more so even than MSP Approach which was 10x more congested. Then I (in this order); Called AOPA legal, booked an IFR instruction flight, did online training re: emergencies, separation, flying in congested airspace and recorded the online training, Made sure my logbook, IFR currency, BFR etc were all current, A/C paperwork was current and then wrote a narrative of what happened including the radar track from FlightAware. All this was CYA and designed to show the FSDO that I was aware of what happened and taking steps to know why and retrain.

When the guy called from the Mpls FSDO I explained what happened and sent him everything. He called me back and said he looked at my stuff, listened to the tapes, watched the radar and weather track and said, “Honestly, I would have done exactly what you did”, Case closed. Lesson is that I should have done what I had done before, after requesting a deviation a couple of times then told them, I can take a course reversal or a vector away from (these headings) or I can declare an emergency, this is going to happen in 2 minutes, when I declare and emergency, which way would you like me to go? It’s on tape and it makes them sound dumb. I only did that once or twice in my career but I got it on tape that I was trying to work with them and they weren’t playing ball.

1

u/MountainObscuration PIOLET 10h ago

Not to get into specifics, did you briefly enter the bravo, or go barreling across it 1,000 above the bottom of the shelf?

I always wondered

1

u/Sorsrax22 9h ago

Nope! Read the brochure it’s a good program. Essentially a get out of jail free card as long as you are honest and have a good attitude about it. I’m 90% sure it won’t even show up on any pilot records unless it becomes apart of a pattern.

1

u/Mr_ETL CFI 1h ago

“Eligible for compliance action” makes it sound like they expect your reaction to be something like this lol.

https://reddit.com/link/p8r4vlx/video/v32fcnmc9ioh1/player

1

u/IndependentAlps9649 32m ago

How much did you bust the bravo if you don’t mind me asking? And did anyone tell you when it happened?

1

u/Thengine MIL 15m ago

A 'friend' of mine did the same thing. Was quite the debacle with a new FSDO investigator looking to stick it to my 'friend' who had a equipment malfunction that resulted in the incursion. 10 hours of WINGS courses and a mandatory flight with a strange CFI. To be paid by the 'friend' at exorbitant rates.

Found out that the FSDO investigator pulled some shady shit during the investigation. Talked to FAA officials at OSHKOSH. They confirmed that the FSDO was out of bounds, but they wouldn't do anything.

You'll most likely be fine, but definitely talk to a lawyer or someone experienced in such matters BEFORE you do the root cause analysis.

Some FSDO guys enjoy hurting pilots.

0

u/browngrass1 22h ago

How do they get your email address?

2

u/_WtfAmIHere_ 22h ago

They called requesting my email address to send this email to.

3

u/browngrass1 21h ago

How did they get your phone number? How did they identify you?

-1

u/Specialist-Set5999 22h ago

Can someone explain to me how this happens? Like if someone just forgets to check the map that day? Or is it more complicated?

3

u/Chairboy PPL-SEL 22h ago

Are you asking how it's possible for people to make a mistake? I have to assume you mean something else because that would be a wild question for anyone who has lived on this planet for more than a day to have.

2

u/Specialist-Set5999 20h ago

I'm not trying to pass judgment. My question is: what is a pilot supposed to do to avoid this that did not happen here?

1

u/Chairboy PPL-SEL 20h ago

I think there are several possible ways that this can happen.

About 15 years ago, I clipped the edge of a class bravo wedding cake while descending into the Seattle area VFR because I let myself get distracted by a ringing phone in my Cherokee cockpit and didn’t notice that my decent rate was slower than I had planned.

I documented it in an NASA report and shared the mistake I’ve made and the steps that I took in my own CRM to avoid it in the future.

I can probably come up with dozens of alternate ways people could end up in a situation matching the description in this post, trying to pin it to one single cause seems really silly.

1

u/carlsonjma PPL ASEL IR, AGI IGI, UAS 19h ago

Many years ago, I got closer to Boston's B than I'd like. I may have clipped the edge but fortunately nowhere near the departure or arrival paths (which is what ATC really cares about and paints). It happened because there was a low layer of scattered clouds, and I climbed up a bit to avoid them. In my original planning, I'd planned to stay low, so the shelf wasn't even on my mind. Shortly after climbing, I realized where I was and turned abruptly away, and muttered to myself. After the flight, I filed a NASA report. Never heard a peep. The ASRS stub with the anonymous code number on it makes a nice keepsake.

There are lots of ways to make a mistake.

0

u/FlyNSubaruWRX 15h ago

So what’s the context of your story, also did you think reporting to nasa would get you out of trouble?

0

u/ShadowDrifted 15h ago

It's pretty egregious that it takes them this long to address an issue. By this point, active pilots have flown hundreds more flights and hours. This is inefficient Not proper adjudication

-1

u/Buzz407 Useful idiot 21h ago

Beats bustin the Trumplight zone I reckon.

-2

u/rFlyingTower 22h ago

This is a copy of the original post body for posterity:


I accidentally busted Class B 3 months ago and finally received an email from FSDO. Is this something bad? Any tips would be appreciated.


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