Getting "Filed"

[jayemm]

A few weeks ago I was informed that XXXXX were going to "File" the fact that I had flown through Controlled Airspace.

I was flying VFR Mode C, and thought that I'd taken all the necessary steps to keep clear of Airways and Class A airspace. I was in a fairly remote area (nowhere near London) and was keeping a listening watch on the nearest ATC.

It was shortly after I got a Flight Information Service that I was told about the "Filing". I did not understand what had happened, but when I checked my track on the GPS back at home, realised that I had clipped the corner of an airway (that I had not noticed was adjacent to the one I was looking at on the chart) by a couple of miles and about 500' above the base. So, my stupid mistake then.

But, what happens next? What happens when you get filed? How worried should I be?

[niknak]

As an atco, I would normally only file an MOR (mandatory occurrance report) if either there was a major transgression of the ANO, a deliberate flouting of the same or there was a significant point to be made, from which everyone would learn.

Some ATC units require their ATCOs to file reports on any incident as a matter of course, the individual atcos have no latitude in the matter, and it sounds as if this is the case on this occassion.

The report is sent to the CAA SRG (Safety Regulation Group), and a specialist in the particular type of incident will investigate and decide what, if any further action is required.

In this particular instance, you've admitted that it was an error by you and I would expect that the CAA will write to you drawing your attention to the facts, asking for your side of the story, and ultimately issue you with "appropriate advice".
That probably would be a polite form of words saying "pay more attention to your navigation".

If there's any reason to suspect that you were deliberately transgressing, and it seems that is highly unlikely, they could take it further by requiring you to undertake further training.
The ultimate sanction is to suspend or permanantly revoke your licence, a very rarely used piece of legislation.

I wouldn't worry about it, the investigators are all professionals with extensive experience, and they're not in the business of wasting their time or yours.

[mark147]

If you're a member, talk to AOPA and get their advice.

Tudor Owen, a renouned aviation barrister gave a talk on Sunday at the Fly show at which he strongly advised that you make notes on what happened ASAP and talk to potential witnesses ASAP (i.e. the ATCO).

If the CAA do approach you, don't say anything until you've asked them what they intend to do with any information you give. If they intend to prosecute, they should tell you but don't always do so.

Mark