Know ThySelf Disclosure

Since a Part 91 operation does not have the ability to self-disclose potential violations of the regulations, the company’s individual certificate holders (both pilots and mechanics) must take full advantage of their own self-disclosure programs.

Who or what you are dictates how and when to self-disclose. Certificated entities (i.e., air carriers, manufacturers and repair stations) utilize the FAA’s Voluntary Disclosure Reporting Program (Advisory Circular (AC) 00-58B) whereas individuals (i.e., pilots, flight engineers, flight attendants, mechanics, inspection authorization and repairmen) self-disclose using the Aviation Safety Reporting System (ASRS), outlined in AC 00-46E.

Directors of maintenance following the dictates of Part 91 for a business aircraft owner may therefore utilize the ASRS. The system is administered by the National Aeronautics and Space Administration (NASA) — not the FAA — to ensure anonymity of the reporter and encourage the flow of information necessary to effectively evaluate opportunities to increase safety and efficiency.

NASA does not release the identity of any party involved in an occurrence or incident reported under the ASRS. Indeed, 14 Code of Federal Regulations (CFR) § 91.25 specifically prohibits the use of ASRS reports in any disciplinary action.

Further, if the FAA independently discovers a violation previously disclosed through the ASRS, its enforcement power is limited (see AC 00-46E, paragraph 9(c)). That is, neither a civil penalty nor a certificate suspension will be imposed against the individual certificate holder if the reporter had no previous violations in the past five years, and the violation was:

•  Reported within 10 days of its occurrence or discovery,

•  Inadvertent,

•  Not a criminal offense,

•  Not associated with an accident, and

•  Not a result of the lack of qualifications (see 49 U.S.C. § 44709).

It is important to note that while a properly-submitted report will bar civil penalties and certificate actions, violations will be made a part of the record through the Enforcement Information System. 

Crystal Maguire is ARSA’s vice president of operations and serves as managing associate for Obadal, Filler, MacLeod, & Klein. She advises clients in matters of aviation regulation and government affairs and carries a variety of operational responsibilities. Maguire has been with the firm since 2004.