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Thurday, 21/01/2018, 23:34:30 PM
2016 Aviation Insurance Report (continuous)
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Lange said that certificate holders–who have as little as 24 hours to report a violation after it occurs to be given the full protection of either program–must be careful about the admissions they make. Not only can the FAA revoke protection under certain circumstances, but the information gathered through these programs can be used by other federal or state agencies or by plaintiff’s legal counsel. The VDRP, for example, requires at least oral notification of violation within 24 hours, written notification through the web-based system within 72 hours, and a full report within 10 days that describes the apparent violation, immediate action taken and that the non-compliance has ceased.

“That sounds like an awful lot of admissions to me,” Lange said. “They ask what regulation you have violated. They ask you in a variety of ways what you did wrong. That’s a plaintiff’s lawyer’s dream.” Lange noted that while the FAA may extend the time to file the written report past the 10 days, you’ll need to provide reasons why the extension is needed and those “admissions tend to be harmful.”

Participating in voluntary disclosure programs has become expected (or a standard of care in legalese), and not using one can be used against the certificate holder or his company in tort litigation. But on the positive side, Safety Management Systems (SMS) have also become a standard of care, and companies that implement SMS, especially if they are not required to, are seen during litigation to be demonstrating a higher regard for safe practices.

Source: ainonline.com (to be continued)

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