Regulation Text
The Administrator of the FAA will not use reports submitted to the National Aeronautics and Space Administration under the Aviation Safety Reporting Program (or information derived therefrom) in any enforcement action except information concerning accidents or criminal offenses which are wholly excluded from the Program.
Research Notes
Section 91.25 implements the Aviation Safety Reporting Program (ASRP), known operationally as the NASA Aviation Safety Reporting System (ASRS). The rule provides that the Administrator will not use ASRS reports — or information derived from them — in any civil penalty or certificate action proceeding, with carefully defined exceptions.
The protection (paragraph): Reports filed under ASRS receive limited immunity from FAA enforcement. The Administrator may not use the report against the reporter in a civil penalty or certificate action — but only for inadvertent violations. Reports describing criminal activity, intentional violations, or accidents are not protected.
What ASRS is: NASA operates ASRS as an independent, voluntary, non-punitive safety reporting system that captures human-factors information and operational hazard data. The FAA does not see individual reports — NASA de-identifies them before any analysis and never returns identifying information to the FAA. The carbon-copy receipt that the reporter retains is the proof of timely filing.
The conditions for sanction waiver: The FAA's Compliance and Enforcement Program (FAA Order 2150.3C) sets the conditions for ASRS-based sanction waiver: (1) the violation was inadvertent and not deliberate; (2) the violation did not involve a criminal offense, accident, or action that demonstrates a lack of qualification; (3) the person has not been found in any prior FAA enforcement action to have committed a violation for the preceding 5 years; AND (4) the person proves that, within 10 days of the violation, they completed and delivered (or mailed) a written report of the incident or occurrence to NASA under ASRS.
The 10-day filing window: The clock starts at the moment of the violation. The report must be filed (mailed or electronically submitted via the ASRS website) within 10 days. The certified-mail receipt or electronic confirmation is the proof. File even when in doubt — there is no downside to filing.
What ASRS will NOT protect: Criminal conduct, accidents (NTSB-reportable), or any action that demonstrates a lack of qualification (e.g., systemic disregard for safety, willful conduct). The waiver also does not preclude an FAA finding of violation — only the sanction. The certificate action might still be entered as a "no civil penalty" finding of fact.
Reference: NASA ASRS; FAA Order 2150.3C (Compliance and Enforcement Program), particularly the Sanction Waiver provisions; AC 00-46F (Aviation Safety Reporting Program).
Amendment History
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