ATC’s Failure To Provide Notice Of Deviation Can Result In Sanction Waiver

In a recent National Transportation Safety Board decision, the Board reaffirmed the concept that ATC’s failure to notify a pilot of an ATC deviation may entitle the pilot to a waiver of sanction. This case doesn’t remove a finding that a pilot has violated a Federal Aviation Regulation (“FAR”), but it does extend the waiver of sanction in some circumstances where the pilot might not otherwise know that filing an Aviation Safety Reporting System (“ASRS”) report may be prudent. For more information, please read my new article discussing the case here.