"Uh ... Cherokee Five Two Five Lima Charlie, confirm level at 5,000?"
You glance at your altimeter. It reads 4,600 feet. The pointer on the vertical speed indicator is steady on 500 feet per minute down. The sinking feeling in the pit of your stomach is not caused by the rapid movement of back pressure you have just applied to the yoke. You were sure that the last clearance was to maintain 3,000 feet. Your favorite expletive passes your lips. You try to recall where in your flight bag you had last seen that tattered NASA form.
Now what? Do you go on the offensive, blaming the controller for your mistake? Or do you park the airplane in front of the nearest FSDO office, cross your wrists and wait for the FAA to handcuff you for the criminal you have become? If you've been flying airplanes long enough, the odds of having at least one "Oops" are inevitable. We are humans operating complicated machinery in a complicated environment. If you fly professionally, an honest mistake is a given.
How do airline pilots handle their mistakes with the FAA? Before beginning the discussion, it may be useful to have a basic understanding of ATC's responsibilities. We often forget that a controller's primary objective is to keep aluminum from making contact with other aluminum. The controller has specific rules of engagement to keep this from happening. Airplanes must be separated by certain distances and altitudes for certain airspace and operations. This isn't news for anybody. The controller's rulebook has minimum requirements for separation between airplanes. If the required distance is not maintained then there is a "loss of separation." Loss of separation can occur through deviations in altitude, speed or heading. When a loss of separation occurs, the data block of the airplanes involved may flash on the controller's radar screen. A "conflict alert" may annunciate. If a bona fide loss of separation occurs, the controller is required by law to file a report. The report is long and tedious. For that reason alone, controllers are on your side. They know that humans make mistakes. If there is no loss of separation, they are more than happy to send you on your way. (You might expect a mild thrashing for some circumstances.)
If you are operating in a Center environment, as opposed to Approach Control, you may have to contend with an automated system if a loss of separation occurs. It has been affectionately referred to as the "Snitch" program. A computer will automatically report your deviant ways. An altitude deviation of more than 300 feet and a potential conflict with another airplane will automatically generate a report. The controller will be queried by a supervisor as to the circumstances involving the loss of separation. If a report is filed, that's as far as the controller is involved. The report is sent to the local FAA Flight Standards Office for processing. At that point, a variety of parameters determine whether you are contacted.
