FAA FAR Violation- "call the tower"?

Question

My dad is a pilot for Southwest, and I also have my Commercial pilots license. My question is-

I was reading southwests internal flight safety publication (forgot the name) which talks about all sorts of safety issues, solutions, ect. basically anyway they can better inform their pilots about flying and operating safer. One of the highlighted issues was whether or not you have to call the tower or center if there is a possible FAR violation, ya know the dreaded- "cessna 12345, when able I need you to copy down a number" they say that you are not obligated or required to call them at all.

1. Is this true? and if so, does it only apply to part 121? what about 91 or 135?
2. What Far regulation backs this up?

Answer 1

You are not required to call them. It could be a mistake not to call though. If you call, they may just counsel you on something that was amiss and then forget about it. If you don't call, they may put in a report that triggers a further investigation and "Notice Of Proposed Certificate Action". Under the FAR system, you will be given the chance to prove your innocence, but that is not the assumption (i.e. innocence) as in the rest of our legal system.

Answer 2

Absolutely not.



Despite having your aircraft registration number, the goal of the phone call is to retrieve the name of the pilot operating the aircraft so as to prove your involvement in an infraction. Simply "roger" the instruction and either, A) land, tie down and leave, or B) call the tower in a quest to better understand your infraction so as to avoid it in the future, but do so without giving your name. Something like, "Sir, we both know why you want my name and I am sure not going to give it to you, but in the interest of safety I would like to know what I did wrong to avoid it in the future." will suffice. The tower keeps a log and will present it during administrative trials so keep your name out of it or your case is over before it starts.



Even in the event of an FAA ramp check it is imperative that you be respectful and provide required documentation, but defend your right against self incrimination by invoking your right to counsel. Though only a preponderance of evidence is standard in administrative trials, your rights remain fairly congruent to those in a criminal proceeding.



With respect to 121 and 135 carriers, most pilots are unionized and therefore have immediate access to a union representative to aid in questioning after an infraction is alleged. Southwest's safety publication is designed to protect both employees and the company from events that could result in egregious (and costly) legal battles which is why this basic right is outlined. Keep in mind, though, that such pilots are held to a higher standard and face stiffer levels of prosecution than a scud-running douche in a Piper.



Regarding the FAR's, there is no regulation that backs this up as it is written by the very agency responsible for enforcing them. The regulations are designed to keep you out of trouble, not provide insight as to what you do after you get into it.

Answer 3

Keep in mind that they may ask you to call them on a land line because of the cockpit voice recorder and also their radio com recorder on the ATC side. All radio transmissions are recorded. If you and the controller discuss your alleged violation in a recorded transmission, that could be used against you in an enforcement action. The other advice about calling but not giving your name sounds like good advice also. I would think in most cases they mostly want to give you an ear full rather than let you off scott free. "Yes sir. No sir. I'll read back instructions from now on sir. I'll hold short when instructed to do so...yadda yadda."

Answer 4

Contray to popular belief, ASRS forms are not a "Get out of Jail Free" Card. However, the FAA can not use the information on them to violate you for a FAR. However, the practice of submitting and filling these out shows the FAA that you are safety minded, and may help if an enforcement action is pending.

Answer 5

I saw a violation once, where a vfr pilot flew into a cloud, and the FAA guys were waiting for him to land.

I suppose if you don't call the number when asked, they will visit you later.