I wish the NASA form was worth something, but in the case of a TFR violation, it is not. Why? Because in my case the FAA said since I had not got a pre-flight briefing, I was in violation of the FARs; the NASA filing is only valid when you don't violate FARs; hence not useful. Nice Orwellian reasoning, eh? You can get out of jail when you follow the law perfectly. Here are some things I learned. If you fly for a living and can't afford a bust on your record, cross your t's, dot your i's, and do everything by the book, all the time. Practice CYA because it's your career you're saving. You should also pay for AOPA's lawyer insurance. If you do get a violation, you are under no obligation to talk to any Federal person. You do not have to call the tower, etc. If you do choose to call back--and do so only after consulting with an attorney--do not lie. Lying to Federal agents is a crime. Better to say nothing than lie. Generally it is better to put the burden of proof on the Feds that you are guilty of something. In my case I didn't know this advice, didn't follow it, and got a worse penalty because I freely admitted to the bust (it wasn't a obvious for the Feds). The FSDO guy I started out with told me that my penalty was worse since they knew who did it (because I admitted it). If they have doubt they reduce the penalty. If your local airport has someone the FAA can call to check N numbers of landing aircraft or such, have in mind a completely unattended nearby airport as a landing place. If you think you violated something in the air, land at the unattended airport first, wait a bit, then depart for your real destination. This causes them to lose definite radar track. Or turn off your transponder and fly well above a crop duster, for a moment the two blips merge and they lose (legal) track. Cynical? Damn straight. See, I did learn something from the FAA.
_____ From: [email protected] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Monday, October 29, 2007 5:29 PM To: [email protected] Subject: Re: [ercoupe-flyin] RE: Off Topic - Preflight Briefings and TFR's . Hey Guys: Don't forget the NASA form. If you file the NASA form within 10 days of your incursion (I do not know if this still applies after the F-16 deal) and admit that you screwed up for whatever reason, they cannot penalize you. The NASA form, I've forgotten the number, was set up to report safety items, and to assist in getting the reports, they gave everyone 10 days from the occurrence to make a report without any penalty. So if you should inadvertently or otherwise enter a TFR, report it to NASA and make sure to keep a copy for your self. Then when the investigators come calling, you can show them or tell them about the report you made, and if it was within the 10 day period you are home free. (don't ask how I came to know all this) I agree you should get a pre-flight briefing prior to each flight. However, you may not always get the correct information (weather, hazards,TFR's etc.) and should have a possible plan just in case. I hope you never need this information. Fly safe, and may all you days be CAVU (clear and visibility unrestricted). Lynn Nelsen
