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Stadium TFR: Easy to bust?

Ron Lee

Well Known Member
Here is what make me check on this.....from the LOE 2013 post:

This Saturday, October 5, 2013, there will be a TFR over Folsom Stadium in Boulder for the CU football game vs. Oregon. The TFR extends three nautical miles around Folsom Field, which includes Boulder Municipal Airport. Since kickoff is at 4 pm local, the TFR will begin at 3 pm local and end one hour after the game ends. As in past years, Denver Approach Control has provided a waiver to allow the airport to remain open during the TFR, but the waiver includes the following flight restrictions:

Local operators may arrive or depart by the most direct route away from the stadium;

No touch-and-go’s, airport pattern work or flight maneuvering within the TFR is authorized; and

All aircraft shall remain well clear of Folsom Field.

This was just sent out by the Boulder Airport Manager. I copied it here.

Dave

I checked the FAA TFR site. Nothing.

I just called the FSS folks and mentioned a flight from south of Denver to KFNL, 330-400 PM local, west of the Denver Class B. No TFRs per the briefer.

Now I check my Denver/Boulder area WAC level chart looking for a stadium emblem. I see nothing so I look with a magnifying glass (eyepiece). If there is a stadium emblem I can't find it.

So here I am a sometimes clueless pilot who does not think about a college football game being played at Boulder, and I fly over it at under 3000' AGL.

Looks like it would be easy to bust that type TFR.

I will have to read the TFR closely to see if it is stay away under pain of being busted or stay away if you know about it.
 
A couple of years ago the FAA said they would no longer post TFR info concerning sporting events, the pilot became responsible for knowing when something was scheduled. That may work locally but not xcntry. Weathermeister shows the locations of stadiums on its route map. Other places may as well. So i try to ensure I route around the depicted stadiums on weathermeister.
 
This has come up in previous discussions. The bottom line seems to be there is no iron-clad way to avoid these TFRs, short of keeping current with the sports schedules and somehow knowing the locations of the stadiums (which often aren't charted). Weathermeister is the only service I know of that at least depicts the locations.

Maybe ESPN should add a TFR page to their web site? :)
 
These TFR's apply to any outdoor paid gathering. High School football, Baseball, etc. games are included and so are NASCAR races. The real kicker is if the event runs over there is no way to know and ATC can't tell you.

These TFR's were obviously created by a non-pilot or Military or IFR pilot. Total BS!
 
I always stay far away from stadiums unless I have a reason to be there (like following a published arrival/departure or on ATC direction).

I'm worried that I will be the idiot that missed the NOTAM about the LeapFrogs making a drop in appearance at exactly the time I would be there.

I flew on a couple of jump sorties for just such events back in the '80s and was absolutely paranoid about something like that.
 
These TFR's apply to any outdoor paid gathering. High School football, Baseball, etc. games are included and so are NASCAR races. The real kicker is if the event runs over there is no way to know and ATC can't tell you.

These TFR's were obviously created by a non-pilot or Military or IFR pilot. Total BS!

Which TFR applies to a high school event? The only stadium TFR I can find only mentions NFL and NCAA Div I events.

Thanks!
 
Which TFR applies to a high school event? The only stadium TFR I can find only mentions NFL and NCAA Div I events.

Thanks!

That's what I get trying to do this from memory. Here is the reg: http://www.faasafety.gov/spans/noticeView.aspx?nid=2595

FAA said:
Commencing one hour before the scheduled time of the event until one hour after the end of the event, all aircraft and parachute operations are prohibited within a 3 nautical mile radius up to and including 3,000 feet AGL of any stadium having a seating capacity of 30,000 or more people where either a regular or post season Major League Baseball, National Football League, or NCAA division one football game is occurring. This NOTAM also applies to NASCAR Sprint Cup, Indy car, and Champ series races, excluding qualifying and pre-race events.

Flights conducted for operational purposes of any event, stadium or venue, and broadcast coverage for the broadcast rights holder are authorized with an approved waiver. The restrictions do not apply to those aircraft authorized by and in contact with ATC for operational or safety of flight purposes, Department of Defense, law enforcement, and air ambulance flight operations.

The Federal Aviation Administration (FAA) classifies the airspace defined in this NOTAM as “National Defense Airspace.” Any person who knowingly or willfully violates the rules concerning operations in this airspace may be subject to certain criminal penalties under 49 USC 46307. Pilots who do not adhere to these procedures may be intercepted, detained, and interviewed by law enforcement and/or security personnel.

Information about waiver applications and TSA Security authorizations can be found at http://www.tsa.gov/what_we_do/tsnm/general_aviation/airspace_waivers.shtm (case sensitive -- use lower case only) or by calling TSA at 571-227-2071. Individuals may submit a request for an FAA waiver at https://waiver.c3.faa.gov.
 
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Cool. Thanks, Bill. I dug around a bit and couldn't find a more expansive version, but you never really know when to stop looking when you're trying to determine something //doesn't// exist!

I guess it's sort of like the stadium TFR in general--How do you know if you're informed of all the stadiums in the area when the FAA doesn't publish an actual list, but stands ready to prosecute should you stumble into the undefined 3 mile ring!
 
I just make sure I am over 3000 agl. Flew over Notre Dame at 3400 AGL a couple of weeks ago during a game. Was within the class C at the time, talking to ATC and they did not mention. It was neat to see the game and full stadium from that perspective.
 
I just make sure I am over 3000 agl. Flew over Notre Dame at 3400 AGL a couple of weeks ago during a game. Was within the class C at the time, talking to ATC and they did not mention. It was neat to see the game and full stadium from that perspective.

I bet the crowd felt so much safer. It is rediculous!

I went to AOPA's list, entered all of the GPS coordinates as user waypoints in Foreflight. Comes in very handy.
 
"Any person who knowingly or willfully violates the rules concerning operations in this airspace may be subject to certain criminal penalties under 49 USC 46307. "

I am safe. Plus if they do not include them in the FAA TFR site and on FSS briefings, it must not be important.
 
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Garmin App Will display the Stadium TFR areas

I mostly use Foreflight, but Garmin's app will show stadium TFR locations. It doesn't show whether they are active or not.

Siri actually comes in quite handy for this. Usually I know if the local teams are playing, but not always. I avoid them on cross countries and Garmin's app comes in handy for this.
 
I bet the crowd felt so much safer. It is rediculous!

I think you will find this has more to do with the property owners controlling who advertises and hangs out during events they run. In order to obtain a waiver to fly inside a stadium TFR, a letter from the property owner must be obtained before the TSA will process the waiver request.

Imagine your "some stadium or track" that has spent goo gobs of money to build and run an event. Then some joe bag of donuts comes by and decides to take advantage of all your work and drag some banner across it.
 
So....it really is a safety thing, since it keeps the banner tow pilot from being SHOT. :eek:
 
It's my understanding that the "Congress" mandated these after 9/11 for the publics safety.
 
Stadium TFR: Easy to bust?

Another source of Stadium TFRs is the Dynon SV EFIS. I don't know where/how they get the info but there is one perpetually over UNR here in Reno. It says "Surface to 3000 AGL and NorCal Approach has no clue that it exits. It sits right in the middle of the departure and arrival corridor over I-80 West of town and just a couple of miles West of Reno International. Dan
 
Couple if months ago, I sat in on a discussion with local FAA and the topic of stadium and pop-up TFRs came up. They were almost as clueless as the pilots. The take away from this was, pilots are on their own.

This is coming from DHS. It's inane, half-baked and is unnecessary. (When Barney Law can call up and request a "no fly zone for 5 mile radius for a gasoline tanker spill, providing zero real benefit, I really worry about being able to avoid these inane pop-up TFRs.)

Call your congressmen if you don't like it.

 
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The stadium TFR's locations are in the ADS-B data. They do not send the start and stop times for individual events.

Since we don't have the actual time of the TFR we draw them as orange on the EFIS map display.


Rob Hickman
Advanced Flight Systems
N402RH RV-10
 
A year or so ago, I took off from Fullerton, headed for San Diego, with flight following from SOCAL all the way. shortly after departure, on an assigned heading, I looked at the GPS, and I was smack in the middle of the Disneyland TFR (similar, philosophically, to stadium TFR's). Not much I could do at that point, so I continued on, worried that I was going to get a "call after landing...." request. Didn't happen, so I was busy filling out a NASA form that evening when I talked to a ocal who laughed and siad "SOCAL does that all the time, just to prove that THEY own the airspace...not DHS!" If you read the fine print on the TFR, entry in to the airspace is prohibited "unless directed by ATC...."
 
The stadium TFR's locations are in the ADS-B data. They do not send the start and stop times for individual events.

Since we don't have the actual time of the TFR we draw them as orange on the EFIS map display.


Rob Hickman
Advanced Flight Systems
N402RH RV-10

Yes, they show up on Foreflight with Stratus ADS-B. We have been flying 5 times with it. The first time we saw little red circles everywhere on a Sunday, we were really surprised. I also have them all entered as user waypoints in FF too.
 
Super Bowl

Pro sports games can go overtime for many reasons. Even the recent Super Bowl had a power outage issue for 30 minutes. There is no way they can give accurate start or end times for events due to many issues that could cause delays in the event times. And many games simply go into overtime.

Maybe the FAA needs to consider allowing satellite tv on the panel so you can verify the game is actually over.
 
ADS-B in...don't have have it

EFIS.....don't have or need it

Game overtime issue. No excuse. Flag the TFR on the TFR website and with FSS and I will deal with overtimes issues.
 
ADS-B in...don't have have it

EFIS.....don't have or need it

Game overtime issue. No excuse. Flag the TFR on the TFR website and with FSS and I will deal with overtimes issues.

Ron,

That's the problem, these are not listed on the TFR website.

Besides, the FAA and TSA said that checking the website is not a valid reason for busting a TFR because the only "official" notification is to call FSS.
 
Ron,

That's the problem, these are not listed on the TFR website.

Besides, the FAA and TSA said that checking the website is not a valid reason for busting a TFR because the only "official" notification is to call FSS.

I did call FSS and the person I talked to did not mention that TFR. I am now confident that I have no realistic way to be informed of this type TFR so despite my best efforts to adhere to the rules, should I violate one it will be unknowingly.
 
Violating a sporting event TFR

If you "unknowingly" violated a specified sporting event TFR, file a NASA report.

The FAA does not care if you did not realize there was a qualifying event at a stadium.

These stadium TFR's for certain specified events are ridiculous but until the DHS is willing to remove them, pilots will possibly suffer enforcement action if they violate one.

I know from first hand experience of a pilot from out of the area flying into Santa Monica (SMO) over downtown LA that was unaware of a LA Dodger game and unknowingly violated the Dodger Stadium TFR. I do know the LAPD was asked to interview the pilot and that information was turned into the FAA. I do not know the outcome however.

The TFR's do nothing to enhance security around these events. As already pointed out, how can a pilot know when the dang event ends and then add one hour to that. The only solution for now is always stay above 3000' AGL if you don't know where the stadiums are and/or whether there is a qualifying event in progress.

Here is an example to show you how absurd these TFR's are. Let's say you have a Dodger vs Giants game at Dodger stadium and only 10,000 people showed up at the game. It is still a TFR. The next night the Rollings Stones are performing in Dodger Stadium and there are 50,000 people. NO TFR!

Pardon my examples, they not be realistic but you get the point.
 
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TFRs were created by the Patriot Act. Most controllers disliked the TFRs. I never knew a controller who liked them. I never saw a controller track or go after someone who busted one. They're ridiculous and someone with no common sense created them.

Butch
Retired ATC
 
Has anyone had any action or official notice of them due to violating a sports TFR? I'm hoping for first-person reports, you yourself, not about a buddy or the guy down the ramp.

Just trying to get an idea of the impact on the community.

Dave
 
A client of mine called me shortly after he violated a stadium TFR in the Denver area. ATC had him dead to rights if they wanted to prosecute. He called and requested flight following while in the process of violating the TFR. They gave him a discrete transponder code and proceeded to radar identify him with an IDENT. They then suggested he vacate the TFR. He was given a number to call after landing. He called and admitted to being the pilot flying Nxxxx and apologized for violating the TFR.

Then he called me...

I helped him file a NASA form and explained what he should do when he received the letter of investigation. It's now been 18+ months and we've never heard a word.

I would think that if somebody were of a mind to prosecute the violation of a stadium TFR this would have been an easy case. He did almost everything he could to help the FAA make a case against him.

Just one data point.
 
It's in the NTAP

The stadium NOTAM, Disneyland/Disneyworld NOTAMs, etc. are clearly described on pages 238 and 239 (1-GN-13 and -14) of the 543-page Notices to Airmen Publication (NTAP), the contents of which every pilot -- yes, each one of us -- becomes familiar with prior to each flight, in accordance with 14 CFR 91.103, right? ;-)

The NTAP is updated every 28 days and is available as a PDF or in HTML format at http://www.faa.gov/air_traffic/publications/notices/.

If you have an iPad with ForeFlight, you can add the NTAP to the "Documents" section of ForeFlight and it is automatically updated every 28 days when you download your chart updates. ForeFlight Documents has a "search" feature so it's pretty easy to pull up the NOTAMs related to the airport(s) involved with your flight. Check the General NOTAMs for anything new if you haven't flown in a while. (I don't know about the other EFB products; I just happen to use ForeFlight myself.)

NOTAMs that are included in briefings eventually make their way into the NTAP after a certain period of time, at which point they may be removed from the briefings! Once in the NTAP, FSS will *not* tell you about them unless you specifically ask for them. And in any case, FSS has no idea about event schedules or when a stadium TFR is active, and you can't rely on ATC for that information either. Doncha just love it?

And now a little story. A buddy and I were flying up along Chicago/Lake Michigan a few years ago in a G-1000 equipped airplane that had an XM/WX subscription. Before the flight, we got a briefing over the phone from FSS. During the flight, we got flight following from Chicago Approach. Nobody mentioned any TFRs. As we approached Soldier Field from the south, the G-1000 displayed a TFR around it .. and we were headed right toward it (with ATC approval to fly up the coastline there)! If I remember correctly, the XM/WX service actually provided game information and estimated times that the TFR would be active. I understand ADS-B (or is it the EFIS providers like Advanced Flight Systems?) plot stadium TFRs but they're just always there -- no game or "valid time" information.

P.S.: I guess an armchair lawyer could argue whether 14 CFR 91.103 really requires one to become familiar with the NTAP, since the NTAP is not listed in the "must include" section of that paragraph. But I think most would agree that pilots should be familiar with the NTAP, even if most of us probably are not!
 
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Notams

The last I checked the NOTAMs publication does not actually provide details of individual sports TFRs. The published NOTAM is only a general description of what kinds of areas you must avoid (the pilot must figure out the where and when). Disneyland is an exception in having its own specific NOTAM.

I live near an NCAA Div. I stadium in Wisconsin, and I've never seen it show up as a published TFR. It also doesn't show up on my Garmin 396. Another example, tonight there is an NFL game at the Georgia Dome, but I can find no mention of this in the NOTAMs pub or on the TFR web site.
 
I knew I wasn't going crazy with my first post to this thread. AOPA worked with the FAA to redefine the standing stadium TFR notice. Prior to that High School games, concerts, corn mazes, practically anything and everything was included.

Here's the press release from back in 2002.

A few years ago the Legal Editor for AOPA Pilot wrote a good article about how he was to fly to an airport next to Michigan International Raceway to pickup his son. He never made the flight due to a bad mag but he talked about how he checked the NOTAMS a number of times because he knew the race was going on. He specifically asked the briefer about the NOTAM an was told none were posted.

Concerned, he called his contacts within the FAA and was told it is up to the pilot to figure it out and that FAA doesn't know when every sporting event is scheduled or where. The article ended by basically saying there was no way a pilot would ever know they busted one of these TFR's until confronted by the FAA, DHS, place the name of your favorite alphabet organization here.
 
As an FYI, when you have ADS-B with Dynon's SkyView, we can show stadium TFR's, but we can also turn them off and leave all others on.
 
Has anyone had any action or official notice of them due to violating a sports TFR? I'm hoping for first-person reports, you yourself, not about a buddy or the guy down the ramp.

Just trying to get an idea of the impact on the community.

Dave

Yes, sort of. During a sports TFR I was inolved with, a rogue aircraft was in the TFR, interfering (probably not intentionally)with other traffic in the TFR. There are purposeful aircraft news, TV, sports casters, etc, as well as my team authorized in the TFR.
I was contacted same day, and subsequent days, by the FAA. They were hunting that pilot down and made it very clear that when they found him/her, it would be the full weight of the FAA, which by regs, there are mandatory min penalties involved which are serious.

I assume they found him, its not hard to track any of us down.
 
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Brings back memories for me as well. I live adjacent to the Hudson River corridor (SFRA now I guess). I fly the corridor all the time. One evening with my buddy, I decided to make the trip and called FSS for a standard briefing. All was a go and I headed out for the 10 minute flight from CDW to the river. As I approached the entry point, I decided to fly with ATC so I called LaGuardia for bravo clearance. THEY told me that there was a Yankee game at the stadium (which is within 3 miles of the Hudson) and that they could not let me in. I had a brief discussion with a friendly controller and turned around and headed west. I discussed this with my flight school and I believe they told me the TFR should have been given to me in my briefing. Feeling confused, I called FSS that week and had a loooong discusion about the briefing and the topic. FSS clamied what a lot of you have mentioned...that they will NOT report stadium TFR's. As a low-timer, I lobbied my rational opinion that I would have no idea if I broke a similar TFR on a x-country flight. How could I possibly check every stadium for events!? Are they even on the sectional!? :mad: FSS could not defend their position but kept repeating it anyway.

I always wondered what would have happened if by chance I had not called LaGuardia tower that day and had chosen to self-announce on the river CTAF frequency below bravo instead. To this day, I have had this unresolved issue in the back of my mind. I felt like I had a TFR-less standard briefing on the tape, but if I broke the TFR, I think I would have lost the battle with the government. This still seems to be a big bear trap waiting to be stepped on. For me, now when I plan to fly the Hudson, the first thing I do is check the internet for the Yankee's schedule.:rolleyes:
 
Well, I find it interesting that the NOTAM includes these words (emphasis added by me):

ANY PERSON WHO KNOWINGLY OR WILLFULLY VIOLATES THE RULES CONCERNING OPERATIONS IN THIS AIRSPACE MAY BE SUBJECT TO CERTAIN CRIMINAL PENALTIES UNDER 49 USC 46307.

Perhaps the penalty for not becoming familiar with all information before the flight is not as harsh as knowingly or willfully violating a stadium TFR. I don't know.
 
Brings back memories for me as well. I live adjacent to the Hudson River corridor (SFRA now I guess). I fly the corridor all the time. One evening with my buddy, I decided to make the trip and called FSS for a standard briefing. All was a go and I headed out for the 10 minute flight from CDW to the river. As I approached the entry point, I decided to fly with ATC so I called LaGuardia for bravo clearance. THEY told me that there was a Yankee game at the stadium (which is within 3 miles of the Hudson) and that they could not let me in. I had a brief discussion with a friendly controller and turned around and headed west. I discussed this with my flight school and I believe they told me the TFR should have been given to me in my briefing. Feeling confused, I called FSS that week and had a loooong discusion about the briefing and the topic. FSS clamied what a lot of you have mentioned...that they will NOT report stadium TFR's. As a low-timer, I lobbied my rational opinion that I would have no idea if I broke a similar TFR on a x-country flight. How could I possibly check every stadium for events!? Are they even on the sectional!? :mad: FSS could not defend their position but kept repeating it anyway.

I always wondered what would have happened if by chance I had not called LaGuardia tower that day and had chosen to self-announce on the river CTAF frequency below bravo instead. To this day, I have had this unresolved issue in the back of my mind. I felt like I had a TFR-less standard briefing on the tape, but if I broke the TFR, I think I would have lost the battle with the government. This still seems to be a big bear trap waiting to be stepped on. For me, now when I plan to fly the Hudson, the first thing I do is check the internet for the Yankee's schedule.:rolleyes:

I have entered them all on Foreflight as user waypoints and unfortunately many are not on TACs or Sectionals.
 
Here in Hartford the stadium tfr is always mentioned on the atis when it is active. You might want to check that out to see if it will give you a heads up in your area. :)
 
And therein lies the problem... if you unknowingly violated a sporting event TFR, how would one know to file a NASA report :eek:
And back to the point I already made, if the DHS (that's Department of Homeland Security) is the group pushing for all this "safety", and they're strong-arming the FAA to create, monitor and act on these TFRs - I would be very surprised if the ASRS (NASA) held any water in these cases should you become a target.
 
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And therein lies the problem... if you unknowingly violated a sporting event TFR, how would one know to file a NASA report :eek:

One of the aviation publications recently mentioned that you can file the NASA report when you know you made a violation or were made aware that you made a violation. Meaning, if they call you, send in the form ASAP.

It seems kind of odd but they are the ones who wrote the rules.
 
Violating a stadium TFR

In my post about filing a NASA report I put "unknowingly" in quotes because the original post on the thread used that word, meaning how could he possibly know about these stadium TFR's if a FSS briefer does not know where and when they are active, they are not NOTAM'd, how can you know when they end, etc.

Obviously, if it is never brought to your attention by ATC or police officers meeting you on the ground, you would not know you violated the TFR and that it was a good time to file a NASA report.

I do know because I was there, that an out of town pilot "unknowingly" (he did not know about it) inbound to Santa Monica airport flew through an active LA Dodger Stadium TFR. The LAPD helicopter police unit, of which I was a member at the time, was asked to follow the plane to Santa Monica airport and identify the pilot for the FAA. As pilots we all knew these TFR's were BS but we reluctantly had to do it. The LAPD helicopter crew was taken out of service looking for real criminals and assisting the patrol officers in order to ID the pilot. A cordial field interview with the pilot was conducted, no guns drawn, no handcuffs . He did not know what he had done wrong but he did notice all those bright stadium lights off his right.

It was suggested by the LAPD pilots that he submit a NASA report. The pilot info was forwarded to the FAA and I don't know what happened after that.

The police helicopters are given a discrete squawk code to use when stadium TFR's are in effect so we can work inside them when necessary. One of the police pilots forgot to put in the code prior to entering the TFR and got a pretty serious butt chewing by the FAA but no violation since he was involved in law enforcement activity.

I would not count on the FAA to be very understanding if you unknowingly violate a stadium TFR. In the Los Angeles area the stadiums where there may be a sports TFR are the Coliseum (USC), Dodger Stadium (Dodgers), and the Rose Bowl (UCLA). On rare occasions they have all been active at the same time.

So the only way I know to avoid a violation for sure is to fly above 3000' AGL when in the vicinity of a city where there might be a stadium with a qualifying sporting event in progress.

In the meantime, do like I have done. I wrote my Senator, Diane Feinstein, to give her a piece of my mind ( a lot of good that did but it felt good to get it off my chest) and write or call the President of AOPA and EAA. It will not change unless enough pilots do something to get the clout of the pilot associations involved.

I have XM satellite WX in my RV and they show a brown ring around the three stadiums I mentioned all the time. I am not sure if that ring changes to red when they are active.
 
Also there's a lot of misinformation in these posts. ASRS reports only help you avoid a civil penalty or suspension. They do not prevent FAA enforcement action, nor do they prevent the FAA from finding that you committed a violation. The only restriction is that the FAA cannot use the NASA ASRS report itself to prove that you committed a violation. However, if they already have proof / are aware of your violation, filing a NASA ASRS report will not stop or prevent enforcement proceedings, should the FAA decide to pursue enforcement. Again, it only prevents a suspension or civil penalty if the FAA ultimately finds you responsible for the violation.

http://asrs.arc.nasa.gov/overview/immunity.html

Also, despite the ASRS report, the FAA can still suspend or penalize you if you didn't submit a report within 10 days of the violation, if the FAA thinks you're incompetent or unqualified, if you committed a crime, or if you've been found responsible for committing a violation previously, etc.

Enforcement Restrictions. 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:

-The violation was inadvertent and not deliberate;

-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;

-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

-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 completed and delivered or mailed a written report of the incident or occurrence to NASA.
 
Also there's a lot of misinformation in these posts. ASRS reports only help you avoid a civil penalty or suspension. They do not prevent FAA enforcement action, nor do they prevent the FAA from finding that you committed a violation. The only restriction is that the FAA cannot use the NASA ASRS report itself to prove that you committed a violation. However, if they already have proof / are aware of your violation, filing a NASA ASRS report will not stop or prevent enforcement proceedings, should the FAA decide to pursue enforcement. Again, it only prevents a suspension or civil penalty if the FAA ultimately finds you responsible for the violation.

http://asrs.arc.nasa.gov/overview/immunity.html

Also, despite the ASRS report, the FAA can still suspend or penalize you if you didn't submit a report within 10 days of the violation, if the FAA thinks you're incompetent or unqualified, if you committed a crime, or if you've been found responsible for committing a violation previously, etc.

Enforcement Restrictions. 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:

-The violation was inadvertent and not deliberate;

-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;

-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

-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 completed and delivered or mailed a written report of the incident or occurrence to NASA.

By the way, the huge ASRS requirement (the exception that basically swallows the rule) is that violations be "inadvertent." To me, inadvertent simply means "not intentional." But the FAA interprets that term very differently.

What's an inadvertent action? From an FAA enforcement action:

Finally, we have carefully considered respondent?s argument regarding whether he is eligible for a sanction waiver under ASRP. We have previously imposed a strict standard with regard to the four requirements of the ASRP: in order to be eligible for a waiver of sanction, a respondent must show that he or she mailed a report of the incident to NASA in a timely manner and did not have a history of any regulatory violation within the preceding 5 years, nor a history of any criminal offense, accident, or action listed at 49 U.S.C. 44709.

Finally, and most importantly for this case, the violation at issue must be inadvertent and not deliberate. With regard to this requirement, we have previously held that a respondent?s exercise of poor judgment, even when the respondent alleges that he or she believed that they chose the safest action, may amount to a deliberate action under the ASRP.

Specifically, in Administrator v. Giffin, NTSB Order No. EA-5390 at 11?12 (2008), we held that a respondent?s deviation from an ATC clearance, although allegedly in an attempt to dodge a thunderstorm, was not inadvertent and therefore not eligible for a waiver of sanction under the ASRP.

Similarly, in Administrator v. Blumboth inadvertent and not deliberate; in this regard, we quoted the following text from Ferguson v. NTSB and FAA, 678: A person who turns suddenly and spills a cup of coffee has acted inadvertently. On the other hand, a person who places a coffee cup precariously on the edge of table has engaged in purposeful behavior.

Even though the person may not deliberately intend the coffee to spill, the conduct is not inadvertent because it involves a purposeful choice between two acts??placing the cup on the edge of the table or balancing it so that it will not spill.

Likewise, a pilot acts inadvertently when he flies at an incorrect altitude because he misreads his instruments. But his actions are not inadvertent if he engages in the same conduct because he chooses not to consult his instruments to verify his altitude.

In applying this rationale to the instant case, we find that, while respondent?s actions do not appear to have been deliberate, we cannot find that his conduct was inadvertent.

He alleged that he sought verification from the ATC tower at Martin State that his transponder was operating properly and squawking the appropriate code, which suggests that he suspected his transponder would be faulty; however, respondent did not consider obtaining a ferry permit, contacting the local FSDO, or cancelling his flight in order to ensure that his transponder was functioning.

To the extent that respondent believed that his transponder may have mechanical problems, he should not have operated the aircraft with the transponder in the ADIZ until he was certain that his transponder was operating properly.

Moreover, we note that the evidence supports the law judge?s determination that respondent did not prove his affirmative defense that his transponder had malfunctioned; specifically, the testimony of Mr. Barnette was particularly probative, in that Mr. Barnette testified that the radar evidence did not
support respondent?s recollection of the events.

In addition, respondent produced no maintenance records to support his assertion that his transponder was faulty. Overall, the evidence does not indicate that respondent?s violation was inadvertent. As such, we do not find that respondent meets the criteria for a waiver of sanction under the ASRP.

ACCORDINGLY, IT IS ORDERED THAT:
1. Respondent?s appeal is denied;
2. The law judge?s decision is affirmed; and
3. The 30-day suspension of respondent?s commercial pilot certificate shall begin 30 days after the service date indicated on this opinion and order.
 
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