Narrative:

On mar/xx/95 my girlfriend and I very, very nearly got killed in a head-on collision with the airborne highway patrol. I enclose a copy of the letter that I wrote that day to the FAA, describing the event. A few days after I wrote this letter, I contacted the FAA office and talked with a mr X. He was nice and it seemed that this is going to be worked out. The very day that it happened, I checked on my license (ATP and my medical) and discovered that my medical had expired. That day I called my FAA doctor, scheduled an appointment, and had a new medical within a few days after the near death. I take full responsibility for that. When I had talked with mr Y of the oakland FAA office, I told him that I wanted to report this to you people and that I had only a few more days to do it. He discouraged me from doing so saying that it was not necessary since he would most likely drop this whole thing anyway. Some time later, he called me and we talked for just a few mins in which he asked me if I had a medical. I said yes, because by now, I had my new one. He called me a liar and went on and on and also telling me that all the publicity that I got, would not help me now. Obviously something had changed his mind. Later on I received a letter from him accusing me of creating an undue hazard. When I had told him that the highway patrol nearly killed us over highway 101 near the civic center he said that that could not be true since they never operate this far south. After I told him that other pilots on the field saw them he went on saying that they were in san anselmo, then later on that they were 1/2 - 1 mi from me, then saying that I was alone, it just went on and on. For some reason he has it in for me. I called his office over the past 5 months trying to find out the status of this matter, I wrote him a letter, but I got nowhere, he would not talk, period. A few days ago, I received a letter (enclosed) from mr X of the FAA legal department proposing to suspend my ATP. In other words, he never intended to drop this matter, and I, by relying on what he said, never did file this with you, but I want you to be aware of this even though the time to report this to you, had expired. Callback conversation with reporter revealed the following information: reporter stated that he had not been given a formal hearing, but it was pending. In the meantime he had surrendered his certificate to the FAA since he did know he was responsible for not having a current medical on the date of the incident. He did not request an informal hearing with the FAA since he did not want to go to los angeles. He was advised that he could have one in oakland but that it would usually take longer to schedule since other cases would be heard during the same time frame. He further stated that he did wait for the government aircraft to leave the area before restarting his engine and taking off. He had tried to talk to the other aircraft on the appropriate radio frequency in use for that airport with no response. He was subsequently surprised to see the other aircraft reappear head-on since he thought that it had left the area. He also believes that the other aircraft had the opportunity to see and avoid him since the other aircraft pilot reported to the FAA that he had the reporter's aircraft in sight taking off from behind the reporter. Therefore, the reporter at that time had no opportunity to see the other aircraft. He feels that the FAA inspector handling his case did not take time to listen to his side of the events that took place, but rather concluded that he had done wrong based on the information supplied by the government pilot.

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Original NASA ASRS Text

Title: NMAC BTWN A DEPARTING SMA SEL FROM AN UNCTLED ARPT AND A GOV SMA SEL ON HWY PATROL ACTIVITY.

Narrative: ON MAR/XX/95 MY GIRLFRIEND AND I VERY, VERY NEARLY GOT KILLED IN A HEAD-ON COLLISION WITH THE AIRBORNE HWY PATROL. I ENCLOSE A COPY OF THE LETTER THAT I WROTE THAT DAY TO THE FAA, DESCRIBING THE EVENT. A FEW DAYS AFTER I WROTE THIS LETTER, I CONTACTED THE FAA OFFICE AND TALKED WITH A MR X. HE WAS NICE AND IT SEEMED THAT THIS IS GOING TO BE WORKED OUT. THE VERY DAY THAT IT HAPPENED, I CHKED ON MY LICENSE (ATP AND MY MEDICAL) AND DISCOVERED THAT MY MEDICAL HAD EXPIRED. THAT DAY I CALLED MY FAA DOCTOR, SCHEDULED AN APPOINTMENT, AND HAD A NEW MEDICAL WITHIN A FEW DAYS AFTER THE NEAR DEATH. I TAKE FULL RESPONSIBILITY FOR THAT. WHEN I HAD TALKED WITH MR Y OF THE OAKLAND FAA OFFICE, I TOLD HIM THAT I WANTED TO RPT THIS TO YOU PEOPLE AND THAT I HAD ONLY A FEW MORE DAYS TO DO IT. HE DISCOURAGED ME FROM DOING SO SAYING THAT IT WAS NOT NECESSARY SINCE HE WOULD MOST LIKELY DROP THIS WHOLE THING ANYWAY. SOME TIME LATER, HE CALLED ME AND WE TALKED FOR JUST A FEW MINS IN WHICH HE ASKED ME IF I HAD A MEDICAL. I SAID YES, BECAUSE BY NOW, I HAD MY NEW ONE. HE CALLED ME A LIAR AND WENT ON AND ON AND ALSO TELLING ME THAT ALL THE PUBLICITY THAT I GOT, WOULD NOT HELP ME NOW. OBVIOUSLY SOMETHING HAD CHANGED HIS MIND. LATER ON I RECEIVED A LETTER FROM HIM ACCUSING ME OF CREATING AN UNDUE HAZARD. WHEN I HAD TOLD HIM THAT THE HWY PATROL NEARLY KILLED US OVER HWY 101 NEAR THE CIVIC CTR HE SAID THAT THAT COULD NOT BE TRUE SINCE THEY NEVER OPERATE THIS FAR S. AFTER I TOLD HIM THAT OTHER PLTS ON THE FIELD SAW THEM HE WENT ON SAYING THAT THEY WERE IN SAN ANSELMO, THEN LATER ON THAT THEY WERE 1/2 - 1 MI FROM ME, THEN SAYING THAT I WAS ALONE, IT JUST WENT ON AND ON. FOR SOME REASON HE HAS IT IN FOR ME. I CALLED HIS OFFICE OVER THE PAST 5 MONTHS TRYING TO FIND OUT THE STATUS OF THIS MATTER, I WROTE HIM A LETTER, BUT I GOT NOWHERE, HE WOULD NOT TALK, PERIOD. A FEW DAYS AGO, I RECEIVED A LETTER (ENCLOSED) FROM MR X OF THE FAA LEGAL DEPT PROPOSING TO SUSPEND MY ATP. IN OTHER WORDS, HE NEVER INTENDED TO DROP THIS MATTER, AND I, BY RELYING ON WHAT HE SAID, NEVER DID FILE THIS WITH YOU, BUT I WANT YOU TO BE AWARE OF THIS EVEN THOUGH THE TIME TO RPT THIS TO YOU, HAD EXPIRED. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATED THAT HE HAD NOT BEEN GIVEN A FORMAL HEARING, BUT IT WAS PENDING. IN THE MEANTIME HE HAD SURRENDERED HIS CERTIFICATE TO THE FAA SINCE HE DID KNOW HE WAS RESPONSIBLE FOR NOT HAVING A CURRENT MEDICAL ON THE DATE OF THE INCIDENT. HE DID NOT REQUEST AN INFORMAL HEARING WITH THE FAA SINCE HE DID NOT WANT TO GO TO LOS ANGELES. HE WAS ADVISED THAT HE COULD HAVE ONE IN OAKLAND BUT THAT IT WOULD USUALLY TAKE LONGER TO SCHEDULE SINCE OTHER CASES WOULD BE HEARD DURING THE SAME TIME FRAME. HE FURTHER STATED THAT HE DID WAIT FOR THE GOV ACFT TO LEAVE THE AREA BEFORE RESTARTING HIS ENG AND TAKING OFF. HE HAD TRIED TO TALK TO THE OTHER ACFT ON THE APPROPRIATE RADIO FREQ IN USE FOR THAT ARPT WITH NO RESPONSE. HE WAS SUBSEQUENTLY SURPRISED TO SEE THE OTHER ACFT REAPPEAR HEAD-ON SINCE HE THOUGHT THAT IT HAD LEFT THE AREA. HE ALSO BELIEVES THAT THE OTHER ACFT HAD THE OPPORTUNITY TO SEE AND AVOID HIM SINCE THE OTHER ACFT PLT RPTED TO THE FAA THAT HE HAD THE RPTR'S ACFT IN SIGHT TAKING OFF FROM BEHIND THE RPTR. THEREFORE, THE RPTR AT THAT TIME HAD NO OPPORTUNITY TO SEE THE OTHER ACFT. HE FEELS THAT THE FAA INSPECTOR HANDLING HIS CASE DID NOT TAKE TIME TO LISTEN TO HIS SIDE OF THE EVENTS THAT TOOK PLACE, BUT RATHER CONCLUDED THAT HE HAD DONE WRONG BASED ON THE INFO SUPPLIED BY THE GOV PLT.

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.