Narrative:

While preboarding a handicapped gentleman, I noticed that our local pdi and his supervisor were watching the process. Obviously distraction and wondering about their concern, I continued to board this person with the help of his 2 aides. We sat him in his seat. The seat directly behind the rear entry door and across from the aft emergency exit. I briefed the gentleman and his aides on emergency egress (per company procedure). Although our company has submitted a proposal to the FAA on exit row seating, procedures have not been implemented for 2 reasons: 1. Post regulation action notices have been issued regarding the topic; and 2. The FAA has not responded to our draft. But I wanted to be sure, so I asked our poi for guidance at the scene. He agreed, since we were non-scheduled and had 19 seats, the regulation was not mandatory. We boarded the remaining passengers and were on our way. It turned into the most sloppy flight of my career. Crew coordination was nil; altitudes and headings were exceeded though not by much, nor enough to create a dangerous situation; ATC transmissions had to be repeated and checklist items were omitted. Why? Because we were distracted and intimidated by the FAA personnel who observed the boarding, did not trust their guidance and wondered if this would be the end of an unblemished career with a violation of 135.129. Part of the problem is the view that most pilots have of the FAA. Are they perceived as the helpful st bernard, or the vicious watch dog trained to devour those who cross the line? Professional pilots must think of the repercussions that their prudent actions have on their careers. If I declare an emergency will I face an investigation and possible violation? Or should I see how far I can get with any given situation and avoid investigation? I am and have always been a cautious pilot. On a recent flight we encountered a small amount of smoke emanating from behind the instrument panel. After following procedures the smoke dissipated, but I elected to return to the originating airport and make a precautionary landing. The proper choice? Yes, but I literally had to talk an FAA inspector out of putting an incident on my record. Why should I have to defend a prudent action? In a similar situation what will I do? I will do the prudent thing, but the FAA will linger in my mind. To return to the point, I was distracted gby the FAA while boarding an atco flight. I do not trust their guidance concerning this matter and subsequently may be in violation of a far. This distraction lingered in my cockpit and ultimately created an unacceptable situation.

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Original NASA ASRS Text

Title: NON RESOLUTION OF SEATING HANDICAPPED PAX IN OR NEAR EMER EXIT WINDOW SEAT ON CHARTER FLT.

Narrative: WHILE PREBOARDING A HANDICAPPED GENTLEMAN, I NOTICED THAT OUR LCL PDI AND HIS SUPVR WERE WATCHING THE PROCESS. OBVIOUSLY DISTR AND WONDERING ABOUT THEIR CONCERN, I CONTINUED TO BOARD THIS PERSON WITH THE HELP OF HIS 2 AIDES. WE SAT HIM IN HIS SEAT. THE SEAT DIRECTLY BEHIND THE REAR ENTRY DOOR AND ACROSS FROM THE AFT EMER EXIT. I BRIEFED THE GENTLEMAN AND HIS AIDES ON EMER EGRESS (PER COMPANY PROC). ALTHOUGH OUR COMPANY HAS SUBMITTED A PROPOSAL TO THE FAA ON EXIT ROW SEATING, PROCS HAVE NOT BEEN IMPLEMENTED FOR 2 REASONS: 1. POST REG ACTION NOTICES HAVE BEEN ISSUED REGARDING THE TOPIC; AND 2. THE FAA HAS NOT RESPONDED TO OUR DRAFT. BUT I WANTED TO BE SURE, SO I ASKED OUR POI FOR GUIDANCE AT THE SCENE. HE AGREED, SINCE WE WERE NON-SCHEDULED AND HAD 19 SEATS, THE REG WAS NOT MANDATORY. WE BOARDED THE REMAINING PAXS AND WERE ON OUR WAY. IT TURNED INTO THE MOST SLOPPY FLT OF MY CAREER. CREW COORD WAS NIL; ALTS AND HDGS WERE EXCEEDED THOUGH NOT BY MUCH, NOR ENOUGH TO CREATE A DANGEROUS SITUATION; ATC TRANSMISSIONS HAD TO BE REPEATED AND CHKLIST ITEMS WERE OMITTED. WHY? BECAUSE WE WERE DISTRACTED AND INTIMIDATED BY THE FAA PERSONNEL WHO OBSERVED THE BOARDING, DID NOT TRUST THEIR GUIDANCE AND WONDERED IF THIS WOULD BE THE END OF AN UNBLEMISHED CAREER WITH A VIOLATION OF 135.129. PART OF THE PROBLEM IS THE VIEW THAT MOST PLTS HAVE OF THE FAA. ARE THEY PERCEIVED AS THE HELPFUL ST BERNARD, OR THE VICIOUS WATCH DOG TRAINED TO DEVOUR THOSE WHO CROSS THE LINE? PROFESSIONAL PLTS MUST THINK OF THE REPERCUSSIONS THAT THEIR PRUDENT ACTIONS HAVE ON THEIR CAREERS. IF I DECLARE AN EMER WILL I FACE AN INVESTIGATION AND POSSIBLE VIOLATION? OR SHOULD I SEE HOW FAR I CAN GET WITH ANY GIVEN SITUATION AND AVOID INVESTIGATION? I AM AND HAVE ALWAYS BEEN A CAUTIOUS PLT. ON A RECENT FLT WE ENCOUNTERED A SMALL AMOUNT OF SMOKE EMANATING FROM BEHIND THE INST PANEL. AFTER FOLLOWING PROCS THE SMOKE DISSIPATED, BUT I ELECTED TO RETURN TO THE ORIGINATING ARPT AND MAKE A PRECAUTIONARY LNDG. THE PROPER CHOICE? YES, BUT I LITERALLY HAD TO TALK AN FAA INSPECTOR OUT OF PUTTING AN INCIDENT ON MY RECORD. WHY SHOULD I HAVE TO DEFEND A PRUDENT ACTION? IN A SIMILAR SITUATION WHAT WILL I DO? I WILL DO THE PRUDENT THING, BUT THE FAA WILL LINGER IN MY MIND. TO RETURN TO THE POINT, I WAS DISTRACTED GBY THE FAA WHILE BOARDING AN ATCO FLT. I DO NOT TRUST THEIR GUIDANCE CONCERNING THIS MATTER AND SUBSEQUENTLY MAY BE IN VIOLATION OF A FAR. THIS DISTR LINGERED IN MY COCKPIT AND ULTIMATELY CREATED AN UNACCEPTABLE SITUATION.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.