AC 120-66C ASAP Update

AC120-66C: Aviation Safety Action Program provides guidance for ASAP development. ASAP programs encourage safety reporting and protect certificated airmen from enforcement actions. When a pilot or maintenance technician unintentionally violates a regulation, the airman’s certificate and livelihood are protected. Today, ASAP programs are designed and built right into a company’s FAA SMS Program.

But what about the operator? While ASAP may protect the airman, the company can still be violated. Fortunately, the FAA’s Voluntary Disclosure Reporting Program (VDRP) can offer the company immunity from civil penalties, just as ASAP protects the front-line employee.

So, when an internal audit reveals a violation, and the company submits a VDRP report, shouldn’t the people involved also be protected from certificate action (provided their conduct was not reckless or intentional)? Without an ASAP report, most operators and principal inspectors would agree that the company’s VDRP report alone will NOT protect individual airmen involved in the violation.

But there is a precedent…

Several years ago, a US District Court decision favored a pilot whom the FAA attempted to violate after his company filed a Voluntary Disclosure Report (VDRP). The VDRP protected the company from civil penalties and certificate action, and the court held that this protection should include the pilot. A Twist on Advisory Circular 00-58 | AviationPros.com

The best thing about this scenario is that FAA’s administrative action gets recorded on the operator – not the pilot – so record searches for enforcement / administrative action will show the name of the operator (even though the pilot’s name does still exist within the record, it’s buried there) and the LOC or other administrative action will NOT show the pilot’s name nor cert. number).

If I were Chief Pilot or Director of Ops for a 135 certificate holder today without ASAP (I was for almost 20 years), I would encourage my pilots and maint. techs. to report their violation into the company’s SMS, file an ASRS report, and request that the company submit a VDRP report. I would then support and protect my people by documenting in the VDRP any company, departmental, or procedural deficiencies that facilitated or contributed to the violation. The SMS investigation process and VDRP’s comprehensive fix would further document the company deficiencies that contributed to the violation, thereby protecting my certificated airmen and the company.

OmniSMS.aero has developed an integrated SMS/QMS web application that supports an integrated, in-house ASAP. We have developed a comprehensive ASAP Policy and Procedures Manual Template, available to the public free of charge. ASAP reports are submitted directly into the SMS with no need for redundant reporting. The ASAP manager and ERC members (both company and FAA) manage ASAP reports directly within the SMS web app. FAA ERC members have a restricted user role that allows them to view only specific redacted ASAP reports.

Bottom line, protect your people with ASAP. And in the absence of ASAP, protect them and the company with thoughtfully prepared VDRP reports that highlight company deficiencies rather than the actions of your people.

Contact Omni Air Group