near-miss report filed

The NASA report can't be used against you, so go ahead and put it in there.

And always remember to do the "transponder to ALT" part of the pretakeoff checklist from now on.

I always leave the transponder right there on all the aircraft I fly. Why bother to turn it off? It won't hurt you if it's on.
 
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.

I think he was flying below the Class Bravo. So didn't have to be talking to ATC.

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 theransponder 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 it were me.... As far as I would have known, the transponder was on. I even squawked it and had maintenance check it out after I recieved the call. The ops check came back good. It must have just been a one time deal. I'm pretty sure I had the transponder on though.
 
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.

You're making an assumption that the aircraft that reported you was the one you saw. Could be a different plane that you never saw.
 
Make sure your story on your NASA form matches what you told the controller on the phone.
If those don't jive it won't look good.
 
Make sure your story on your NASA form matches what you told the controller on the phone.
If those don't jive it won't look good.

I agree, just for the sake of being honest. But in reality, what would it matter as the FAA wont see the report anyway until it is anonymous.
 
OK I filled it out, it's in the mail..
Now I'm wondering, if the other guy decides to file his report, how long before I get a call from the FAA asking for a "few moments of your time"?

The report is in the mail now though so at least I've covered my back side somewhat..
 
Hold on to that receipt and put it in a safe place.

You may never ever ever hear about this situation again for the rest of your life.

But in case you do, you have your (for the lack of a better term) 'get out of jail free (well, kinda)' card.

Do you have AOPA legal services? Great time to give 'em a call.
 
He doesn't have any receipt as of yet - NASA will get the form, tear the identifying part off as well as the postmarked date portion of the envelope - and mail that back. That's what he should keep.
 
Oh yeah, that's right, my bad.

Bad thing is, I probably have about four or five of those receipts from the last 10 years of flying and I have no idea where they are. Argh!
 
Thanks for the help everyone; my nerves were understadably rattled today so I appreciate everyone's input and support;

No I don't have AOPA legal services but should look into it.. now if the guy calls me, should I just tell him I'm not saying anything w/o a lawyer and leave it at that?

Like I said I have no idea if the other pilot will file a report or not; the guy on the phone just said he was considering doing it, which wouldn't have freaked me out at all except like I said.. I was 'inviolation' of a rather important FAR.

Thanks again everyone.. this webpage is invaluable to all of us at all times, but especially when we're in a bind and aren't thinking of all the details. .much appreciated!
 
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.

bus pulls up, a girl comes out]
Bikini contestant: Hey, guys. We're going on a national bikini tour and we're looking for two oil boys who can grease us up before each competition.
Harry: You are in luck...there's a town about three miles that way. I'm sure you'll find a couple guys there.
Bikini contestant: Okay..thanks..
[bus pulls away]
Lloyd: Do you realize what you've done?! Hey! Wait!
[bus stops, and opens doors for them]
Lloyd: Y-you'll have to excuse my friend. He's a little slow...the town is back that way!
 
I always leave the transponder right there on all the aircraft I fly. Why bother to turn it off? It won't hurt you if it's on.
When folks have it on on the ground next to the runway, our tcas fires off with a "TRAFFIC!" warning. We then curse those dumb bastards! ;)
 
And for further consideration, here is something I teach all my students that might help youl.

Always leave the Transponder on ALT.

This type of thing would never happen, and also more and more airports are prefering you to leave it on, on the ground. Mainly the bigger ones from what I have heard... for ground radar and prevention of incursions...

I have never had a controller ask me to turn it off, and I would be very surprised if I ever did.
 
And for further consideration, here is something I teach all my students that might help youl.

Always leave the Transponder on ALT.

This type of thing would never happen, and also more and more airports are prefering you to leave it on, on the ground. Mainly the bigger ones from what I have heard... for ground radar and prevention of incursions...

I have never had a controller ask me to turn it off, and I would be very surprised if I ever did.
 
And for further consideration, here is something I teach all my students that might help youl.

Always leave the Transponder on ALT.

This type of thing would never happen, and also more and more airports are prefering you to leave it on, on the ground. Mainly the bigger ones from what I have heard... for ground radar and prevention of incursions...

I have never had a controller ask me to turn it off, and I would be very surprised if I ever did.


Maybe you should teach them to properly follow a checklist. While a controller may not ask you to turn it off - it's bad form. Was flying into an airport the other day and some yahoo holding short had his xponder on and we started getting an TA at 500'. Very annoying.

Sorry for the thread drift. Glad you filled out the NASA form. You may consider joining AOPA (I think I pay $35/yr) and then sign up for their legal services (another $90/yr I think). Have never had to use their services - but I was told a long time ago by a pretty smart guy it could be the best $90 you ever spent if your ever in a "situation".

Best of luck,

Max
 
Doug's advice is spot on ... as for what will happen it's hard to tell. The QA (Quality Assurance) office will most likely do an investigation, this includes pulling radar tapes, reading statements, etc. They will then hand it off to the FSDO where Regulation or another department will take over. My $.02 from experience in this is do not lie ... they will have radar data which is pretty strong evidence. If you are asked to be interviewed I would recommend you go with a good aviation lawyer.
 
And for further consideration, here is something I teach all my students that might help youl.

Always leave the Transponder on ALT.

This type of thing would never happen, and also more and more airports are prefering you to leave it on, on the ground. Mainly the bigger ones from what I have heard... for ground radar and prevention of incursions...

I have never had a controller ask me to turn it off, and I would be very surprised if I ever did.

:yeahthat: Whats better they see you by accident or the as described situation.
 
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