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|
Attributes | |
ACN | 328061 |
Time | |
Date | 199602 |
Day | Tue |
Local Time Of Day | 1801 To 2400 |
Place | |
Locale Reference | airport : crq |
State Reference | CA |
Altitude | agl bound lower : 0 agl bound upper : 0 |
Environment | |
Flight Conditions | VMC |
Light | Night |
Aircraft 1 | |
Operator | general aviation : personal |
Make Model Name | Small Aircraft, Low Wing, 1 Eng, Fixed Gear |
Flight Phase | ground : preflight |
Flight Plan | VFR |
Person 1 | |
Affiliation | Other |
Function | flight crew : single pilot |
Qualification | pilot : atp pilot : cfi pilot : commercial pilot : instrument pilot : private |
Experience | flight time last 90 days : 180 flight time total : 2400 flight time type : 60 |
ASRS Report | 328061 |
Events | |
Anomaly | non adherence : far non adherence other other anomaly other |
Independent Detector | other flight crewa |
Resolutory Action | none taken : detected after the fact |
Consequence | Other |
Supplementary | |
Primary Problem | Aircraft |
Air Traffic Incident | Pilot Deviation |
Narrative:
I flew an aircraft without the proper documentation on board (namely -- no airworthiness or registration certificates, FCC radio station license, operating limitation documents (poh) or weight and balance documents on board). Cause: repossession of aircraft, a PA28-140, of which I am the secured party. Since 1991, I have been the lienholder to an owner. Over the past (5) yrs, he has failed to pay me what was owed in a security agreement and chattel mortgage (both legally and formally filed with the FAA in okc). To make a long story short, I have had legal right to repossess this aircraft, but mr. X has been evading my attempts to recover damages (he flew the aircraft away during court action in texas in 1994, and has hid the aircraft ever since). Up until the repossession date, I had been unable to locate the aircraft, once I 'stumbled' onto it at crq, I quickly made arrangements to fly it to a safe place, and obtain closure with mr X. Because I was in such a hurry to repossess the aircraft, I did not notice (until thorough investigation during daylight hours at a secure location) that the documents were not on board (I'm sure mr. X purposely removed them to deter any action against him). Contributing factors: expeditious nature of the flight (repossession action). Desire to secure the aircraft, precluding further evasion actions by mr. X and emotional desire to bring mr. X to some justice, finally (this guy has written bad checks, and ripped off numerous people who work hard for their money -- and he hasn't been prosecuted yet!). Corrective actions: the best resolution is to stick to a standard preflight procedure, regardless of the circumstances. If short-cuts are taken in preflight actions due to special circumstances (in this case, the desire to resolve a monetary business dispute), unsafe flying is the result. In my case, the flight may have been in an unairworthy airplane, which could have violated far 91.7 (operating an aircraft in an unairworthy condition) and far 91.409 (inspections -- annual), far 91.13 (careless or reckless operation) and far 91.203 (civil aircraft: certifications required). Even though the flight ended safely, I jeopardized my safety and the safety of persons and property along my flight path. I personally will have more discipline in future tempting sits to resist impulses caused by emotion -- especially when those impulses endanger persons and/or property of others, my personal safety, and my career. Always think before you act!
Original NASA ASRS Text
Title: PLT, AND LIEN HOLDER OF AN SMA SEL REPOSSESSED THE ACFT BY FLYING IT AWAY WITHOUT ANY OF THE LEGAL REQUIRED DOCUMENTS, IE, AIRWORTHINESS, REGISTRATION, WT AND BAL, OR OPERATING LIMITATIONS ABOARD THE ACFT.
Narrative: I FLEW AN ACFT WITHOUT THE PROPER DOCUMENTATION ON BOARD (NAMELY -- NO AIRWORTHINESS OR REGISTRATION CERTIFICATES, FCC RADIO STATION LICENSE, OPERATING LIMITATION DOCUMENTS (POH) OR WT AND BAL DOCUMENTS ON BOARD). CAUSE: REPOSSESSION OF ACFT, A PA28-140, OF WHICH I AM THE SECURED PARTY. SINCE 1991, I HAVE BEEN THE LIENHOLDER TO AN OWNER. OVER THE PAST (5) YRS, HE HAS FAILED TO PAY ME WHAT WAS OWED IN A SECURITY AGREEMENT AND CHATTEL MORTGAGE (BOTH LEGALLY AND FORMALLY FILED WITH THE FAA IN OKC). TO MAKE A LONG STORY SHORT, I HAVE HAD LEGAL RIGHT TO REPOSSESS THIS ACFT, BUT MR. X HAS BEEN EVADING MY ATTEMPTS TO RECOVER DAMAGES (HE FLEW THE ACFT AWAY DURING COURT ACTION IN TEXAS IN 1994, AND HAS HID THE ACFT EVER SINCE). UP UNTIL THE REPOSSESSION DATE, I HAD BEEN UNABLE TO LOCATE THE ACFT, ONCE I 'STUMBLED' ONTO IT AT CRQ, I QUICKLY MADE ARRANGEMENTS TO FLY IT TO A SAFE PLACE, AND OBTAIN CLOSURE WITH MR X. BECAUSE I WAS IN SUCH A HURRY TO REPOSSESS THE ACFT, I DID NOT NOTICE (UNTIL THOROUGH INVESTIGATION DURING DAYLIGHT HRS AT A SECURE LOCATION) THAT THE DOCUMENTS WERE NOT ON BOARD (I'M SURE MR. X PURPOSELY REMOVED THEM TO DETER ANY ACTION AGAINST HIM). CONTRIBUTING FACTORS: EXPEDITIOUS NATURE OF THE FLT (REPOSSESSION ACTION). DESIRE TO SECURE THE ACFT, PRECLUDING FURTHER EVASION ACTIONS BY MR. X AND EMOTIONAL DESIRE TO BRING MR. X TO SOME JUSTICE, FINALLY (THIS GUY HAS WRITTEN BAD CHKS, AND RIPPED OFF NUMEROUS PEOPLE WHO WORK HARD FOR THEIR MONEY -- AND HE HASN'T BEEN PROSECUTED YET!). CORRECTIVE ACTIONS: THE BEST RESOLUTION IS TO STICK TO A STANDARD PREFLT PROC, REGARDLESS OF THE CIRCUMSTANCES. IF SHORT-CUTS ARE TAKEN IN PREFLT ACTIONS DUE TO SPECIAL CIRCUMSTANCES (IN THIS CASE, THE DESIRE TO RESOLVE A MONETARY BUSINESS DISPUTE), UNSAFE FLYING IS THE RESULT. IN MY CASE, THE FLT MAY HAVE BEEN IN AN UNAIRWORTHY AIRPLANE, WHICH COULD HAVE VIOLATED FAR 91.7 (OPERATING AN ACFT IN AN UNAIRWORTHY CONDITION) AND FAR 91.409 (INSPECTIONS -- ANNUAL), FAR 91.13 (CARELESS OR RECKLESS OP) AND FAR 91.203 (CIVIL ACFT: CERTIFICATIONS REQUIRED). EVEN THOUGH THE FLT ENDED SAFELY, I JEOPARDIZED MY SAFETY AND THE SAFETY OF PERSONS AND PROPERTY ALONG MY FLT PATH. I PERSONALLY WILL HAVE MORE DISCIPLINE IN FUTURE TEMPTING SITS TO RESIST IMPULSES CAUSED BY EMOTION -- ESPECIALLY WHEN THOSE IMPULSES ENDANGER PERSONS AND/OR PROPERTY OF OTHERS, MY PERSONAL SAFETY, AND MY CAREER. ALWAYS THINK BEFORE YOU ACT!
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.