Narrative:

I entered united states airspace from mexico on a routine ferry flight. The helicopter was being flown from a tuna boat in encinada to a maintenance facility in el cajon, ca. All the aircraft documents were in a folder and a quick review showed them to be in order. Upon arrival at united states customs at brown field, it was discovered that the original airworthiness certificate was not among the documents. A facsimile copy was there but united states customs does not recognize a facsimile as a proper document. A violation was issued by united states customs and a copy is attached to this form. The aircraft was left of the ramp and I drove to the san diego FSDO FAA office where a replacement airworthiness certificate was issued. The flight was then resumed to the maintenance facility. It is common due to the salt water environment for the tuna helicopter crews to remove documents and place them in dry, safe areas such as the crew stateroom. It is also frequent that these documents become damaged or lost. In agricultural work, a facsimile airworthiness certificate is acceptable. Because of the extended sea time that tuna helicopters are subject to, it becomes impossible to replace lost or damaged documents while the helicopter remains outside the country in international waters. I would recommend that the same exclusionary clause for agricultural aircraft be applied to aircraft operated in international waters outside the united states. Because of docking regulations and mexican work permit regulations, the helicopters must be removed from the ship on a timely schedule. This makes for a difficult working environment for the ferry pilot if the flight crew has lost or damaged a document. Much in the way of regulations has placed responsibility on the pilot or mechanic while leaving the operator free of wrong doing. In this industry it is easier to fire a pilot and hire another than it is to adhere to the regulations. This fine should clearly go to the operator. Callback conversation with reporter revealed the following information: reporter states part 122 of a customs regulations states 5,000 dollar fine, second offense 10,000 dollars. FAA regulations do not address customs requirements which are often different from FAA regulations. A pilot has no way to be aware of such requirements until hit with a violation and fine. Reporter fortunate no fine will be imposed, but only because airworthiness certificate does not fall under this customs regulation. Stated that on trip for second aircraft both he and second pilot thought they had an original certificate. Third person looked and could determine it was a copy. Reporter feels FAA should publish all of these customs requirements as regulations if allowing customs to enforce them on their behalf. Currently these are not FAA regulations. FAA allows a copy of airworthiness certificate. FAA allows flight with temporary registration certificate. FAA should consider some color or an embossed FAA emblem on these documents so pilots can instantly tell if they have an original, not a copy. Unfortunately, customs is not succeeding by their extreme actions to stop drug smuggling. They are succeeding in zapping legitimate citizens trying to comply with what they know. Reporter stated he is planning to also write to his congressman.

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Original NASA ASRS Text

Title: HELI FLYING INTO UNITED STATES HAS FAX OF AIRWORTHINESS CERTIFICATE. CUSTOMS FILES FSDO VIOLATION FOR NOT HAVING ORIGINAL.

Narrative: I ENTERED UNITED STATES AIRSPACE FROM MEXICO ON A ROUTINE FERRY FLT. THE HELI WAS BEING FLOWN FROM A TUNA BOAT IN ENCINADA TO A MAINT FACILITY IN EL CAJON, CA. ALL THE ACFT DOCUMENTS WERE IN A FOLDER AND A QUICK REVIEW SHOWED THEM TO BE IN ORDER. UPON ARR AT UNITED STATES CUSTOMS AT BROWN FIELD, IT WAS DISCOVERED THAT THE ORIGINAL AIRWORTHINESS CERTIFICATE WAS NOT AMONG THE DOCUMENTS. A FAX COPY WAS THERE BUT UNITED STATES CUSTOMS DOES NOT RECOGNIZE A FAX AS A PROPER DOCUMENT. A VIOLATION WAS ISSUED BY UNITED STATES CUSTOMS AND A COPY IS ATTACHED TO THIS FORM. THE ACFT WAS L OF THE RAMP AND I DROVE TO THE SAN DIEGO FSDO FAA OFFICE WHERE A REPLACEMENT AIRWORTHINESS CERTIFICATE WAS ISSUED. THE FLT WAS THEN RESUMED TO THE MAINT FACILITY. IT IS COMMON DUE TO THE SALT WATER ENVIRONMENT FOR THE TUNA HELI CREWS TO REMOVE DOCUMENTS AND PLACE THEM IN DRY, SAFE AREAS SUCH AS THE CREW STATEROOM. IT IS ALSO FREQUENT THAT THESE DOCUMENTS BECOME DAMAGED OR LOST. IN AGRICULTURAL WORK, A FAX AIRWORTHINESS CERTIFICATE IS ACCEPTABLE. BECAUSE OF THE EXTENDED SEA TIME THAT TUNA HELIS ARE SUBJECT TO, IT BECOMES IMPOSSIBLE TO REPLACE LOST OR DAMAGED DOCUMENTS WHILE THE HELI REMAINS OUTSIDE THE COUNTRY IN INTL WATERS. I WOULD RECOMMEND THAT THE SAME EXCLUSIONARY CLAUSE FOR AGRICULTURAL ACFT BE APPLIED TO ACFT OPERATED IN INTL WATERS OUTSIDE THE UNITED STATES. BECAUSE OF DOCKING REGS AND MEXICAN WORK PERMIT REGS, THE HELIS MUST BE REMOVED FROM THE SHIP ON A TIMELY SCHEDULE. THIS MAKES FOR A DIFFICULT WORKING ENVIRONMENT FOR THE FERRY PLT IF THE FLC HAS LOST OR DAMAGED A DOCUMENT. MUCH IN THE WAY OF REGS HAS PLACED RESPONSIBILITY ON THE PLT OR MECH WHILE LEAVING THE OPERATOR FREE OF WRONG DOING. IN THIS INDUSTRY IT IS EASIER TO FIRE A PLT AND HIRE ANOTHER THAN IT IS TO ADHERE TO THE REGS. THIS FINE SHOULD CLRLY GO TO THE OPERATOR. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATES PART 122 OF A CUSTOMS REGS STATES 5,000 DOLLAR FINE, SECOND OFFENSE 10,000 DOLLARS. FAA REGS DO NOT ADDRESS CUSTOMS REQUIREMENTS WHICH ARE OFTEN DIFFERENT FROM FAA REGS. A PLT HAS NO WAY TO BE AWARE OF SUCH REQUIREMENTS UNTIL HIT WITH A VIOLATION AND FINE. RPTR FORTUNATE NO FINE WILL BE IMPOSED, BUT ONLY BECAUSE AIRWORTHINESS CERTIFICATE DOES NOT FALL UNDER THIS CUSTOMS REG. STATED THAT ON TRIP FOR SECOND ACFT BOTH HE AND SECOND PLT THOUGHT THEY HAD AN ORIGINAL CERTIFICATE. THIRD PERSON LOOKED AND COULD DETERMINE IT WAS A COPY. RPTR FEELS FAA SHOULD PUBLISH ALL OF THESE CUSTOMS REQUIREMENTS AS REGS IF ALLOWING CUSTOMS TO ENFORCE THEM ON THEIR BEHALF. CURRENTLY THESE ARE NOT FAA REGS. FAA ALLOWS A COPY OF AIRWORTHINESS CERTIFICATE. FAA ALLOWS FLT WITH TEMPORARY REGISTRATION CERTIFICATE. FAA SHOULD CONSIDER SOME COLOR OR AN EMBOSSED FAA EMBLEM ON THESE DOCUMENTS SO PLTS CAN INSTANTLY TELL IF THEY HAVE AN ORIGINAL, NOT A COPY. UNFORTUNATELY, CUSTOMS IS NOT SUCCEEDING BY THEIR EXTREME ACTIONS TO STOP DRUG SMUGGLING. THEY ARE SUCCEEDING IN ZAPPING LEGITIMATE CITIZENS TRYING TO COMPLY WITH WHAT THEY KNOW. RPTR STATED HE IS PLANNING TO ALSO WRITE TO HIS CONGRESSMAN.

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.