near-miss report filed

kiwi lover

kiwi lover

New Member
OK, I admit it, I made a mistake. Here's the scenario: I took off from an uncontrolled airfield below a Class-B airspace. I went cruising around the local area, never busting airspace, staying below the Bravo airspace. I noticed another aircraft crossing below me, I'd say about 500' and diddn't really think anything of it. I mean - it's Class-B area, there's going to be other traffic. Shortly later, I looked down and notived, I'd forgotten to turn on my transponder! I said "Oh *&%" and turned it on to 'altitude' and then landed shortly later at my originating airport. When I got inside there was a message to call the tracon center immediately, which I did. The man was very nice, but explained to me I'd been spotted flying in Class-B w/o my transponder on, in violation of FAR.... (I can never remember any of those numbers, but you know what I mean), and the other aircraft was planning on filing a near-miss report.
My question is: Ramifications? What can I expect? He said if the other pilot does so, he will call me back for more information. Can I expect to fill out paperwork? License suspension/revocation? Slap on the wrist? What?
I've never been in this situation and yes, I'm scared about it since I don't know what could happen - anyone been in a similiar situation that can shed some light?
As far as the near-miss goes: It wasn't as far as I'm concerned: I saw him and he was 'no factor' to me; just because he was a little uncomfortable with our proximity am I going to pay for it? I mean, if we'd been so close it was an "Oh #####" moment and we both were banking and then sweating for an hour later, OK.. but this was nothing - barely worth getting excited about. I realize I was in violation of the FAR.. I"m kicking myself for not double-checking that it was on.. believe me I am!
Thanks,
 
Immediately file a NASA report.

If you've got AOPA legal services, call them immediately as well.

The FAA's kind of freaky. If there was a loss of separation with another aircraft, they're going to probably notify you that there is an investigation into the incident AFTER your time runs out to file a NASA report that might help save your bacon.

Maybe nothing will come of it, but I heavily suggest filing a NASA report immediately (like now) and talking to AOPA legal today.
 
File a NASA report right now! Cover your ass.

Then, if the FAA wants to talk to you, remember that you have the right to remain silent and that you have the right to have counsel present during your questioning.

On another note, why is it called a near miss instead of a near hit?
 
Good, he hasn't responded yet which means he's filling out the NASA report. If he hasn't, I'm going to have to bark at him! :)
 
You know what would be helpful? If you could file a NASA report online. Can you? Am I that far behind the times?
 
Yes, file the NASA report.
Besides that, how did they know that you were operating inside the class B if your transponder is off? Without altitude readout they cannot say if you are inside it or below it. Now, I don't know which penalty is harsher - for bieng in B with tranponder off and no clearance or for being in the 30 NM veil with the transponder off. So your best bet is to talk to a lawyer too.
 
In a case like this, and knowing government bureaucracy, I'd probably fill it out by hand, make a copy and then send it via certified mail or FDX today.

My concern is the FAR violation, loss of separation/near miss and class B airspace so you can almost presume they're going to make an issue out of it.
 
I hate when transponders are turned on and don't work!! It happens every now and then. Sometimes they will start working halfway thru the flight I've noticed.

Anyway, did you bust class B at all?
 
OK I will do so. Again, what possible ramifications am I looking at here? Suspention of license? Revocation?

I was not *IN* Bravo, I was below it. I guess the other aircraft had nothing better to do than read my tailnumber to get the info.. which makes it seem like we were very close, but again, we were different directions, different altitudes - a total non-issue to me. My thinking as I said was not "Oh crap"; it was "Oh, there's an aicraft down there.. wonder where he's off to?" And then that was it.

If I fill out a NASA form and the other pilot decides to NOT file a near-miss report, am I still going to have problems. I know "wishing it will go away" doesnt work, but what happens if I fill out this form and the other guy fills out nothing?
 
kiwi lover said:
If I fill out a NASA form and the other pilot decides to NOT file a near-miss report, am I still going to have problems. I know "wishing it will go away" doesnt work, but what happens if I fill out this form and the other guy fills out nothing?
Click to expand...

Nope, go file the NASA report...immediately...ie, right now. Mail it, then come back and we'll talk about what the NASA form is and isn't.
 
No suspension. Hopefully a slap on the wrist, but that might include a Letter of Warning...goes on record for 2 years and disappears after that. Another thing is a Letter of Correction where you go through training, but I doubt you would get that unless they want you to work on checklist procedure.

Again, seek legal counsel because that phone call you made can already be used against you, but I'm sure the conversation is not going to do that (it's just an fyi).
 
Yeah. I hate when those darn transponders are ON ALT but just not working. I mean... sometimes they just stop working in the middle of the flight. I really don't have any indication that it's working properly or not. That little light was blinking and everything.
 
The transponder was working in preflight, right? And you're sure it was on ALT, right? You just recycled it when ATC told you it wasn't showing up and then it started to work, right?

Geez, you know, on these older planes, sometimes, the transponder works just fine on preflight, and then it intermittently fails for a few seconds.

I'm not saying you should lie to anyone, but you know, if it's on your pretakeoff checklist (transponder to ALT) and you follow the checklist to the letter, well, sometimes, funny things happen during flight.
 
OK I'm filling it out right now.. however the question I have is in describing the incident, should I admit that I didn't have the transponder on?
I mean - if the other guy doesn't file a report, and I admit to being in violation of an FAR.. that can't be good either, right?
I just don't want to self-incriminate.. yet at the same time if he files and I file and I don't mention what I did wrong, it'll look like I'm lying.
 
If you're not picking up what we're putting down...

When writing the ASRS don't write in the "Type of Event/Situation" line "Forgot to turn transponder on" write something like "ATC transponder query" or something. When writing it up in detail, that's where'd you'd put you forgot to turn it on.
 
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