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According to FAR 91-25 Aviation Safety Reporting Program: Prohibition
against use of Reports for Enforcement Purposes - The Administrator of the
FAA wil not use reports submitted to the National Aeronautics and Space
Administration (NASA) under the Aviation Safety Reporting Program (or
information derived therefrom) in any enforcement action, except
information
concerning accidents or criminal offenses, which are wholly excluded from
the program.
According to NTSB 830.1 an accident is defined as that which causes death,
injury, or substantial damage to the aircraft.
According to NTSB 830.2 Substantial damage means damage or failure which
adversely affects the structural strength, performance, or flight
charactoristics of the aircraft which would require major repair or
replacement of the affected component. Bent fairings, cowlings, dented
skin,
small puncture holes in skin or fabric, ground damage to propellers,
damage
to landing gear, wheels, tires, flaps, engine accessories, brakes,
wingtips,
or engine failure or damage limited to engine if only one engine fails or
is
damaged, are not considered "Substantial Damage" for the purposes of this
part.
So, basically what all this is saying is that if there is no injury, death
or substantial damage the incident is not considered an accident. If it is
not an accident the incident can be reported to NASA and be exempt from
FAA
action. Now there are certain situations that require immediate
notification
to NTSB that are not considered accidents. There are also incidents that
require reporting within a certain time period. These are to be reported
to
a field office nearest the accident. If that was not done and should have
been, I believe the ASRP will allow the incident to be exempt from FAA
action. I would suggest he get a FAR/AIM book and look up these sections
for
further clarification.
Will


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