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When Should a Pilot Lawyer Up?

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Key Takeaways:

  • The new Mandatory Occurrence Reporting (MOR) system, implemented nationwide, requires Air Traffic Control to report all unusual occurrences and pilot deviations to collect data for systemic safety improvements.
  • Pilots fear that MORs, unlike the NASA-administered ASRS, could lead to formal investigations and punitive certificate actions because these reports are forwarded directly to the local FSDO.
  • Conflicting advice exists regarding how pilots should respond to an MOR inquiry: the FAA suggests engaging in dialogue for minor incidents, while pilot legal organizations advise silence and legal consultation.
  • Pilots now face the critical decision of how to navigate potential FAA contact stemming from an MOR, weighing the benefits of cooperation against the need for legal protection.
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I attended a meeting last night at Morristown Municipal Airport (MMU) in New Jersey, where officials from the tower and the FAA were on hand to discuss with local pilots the new Mandatory Occurrence Reporting (MOR) system that many have likened to an ATC snitching program.

Here’s a quick overview in case you aren’t familiar with the MOR process. Starting on January 31 of this year, the U.S. Air Traffic Organization issued an action order instructing controllers to report anything out of the ordinary, including communication errors, pilot deviations from ATC commands and just about anything else that a controller did not expect to happen – whether the blame lies with the pilot, the controller, or perhaps both. In case you’re wondering, this is happening at all towered airports and ATC facilities across the country.

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