FAR 91.25 — Aviation Safety Reporting Program
FAR 91.25 explains how NASA Aviation Safety Reporting Program (ASRS) reports are protected from FAA enforcement — what's covered and what isn't.
FAR 91.25 protects pilots who voluntarily file reports through the Aviation Safety Reporting Program (ASRS), which is administered by NASA (not the FAA). Under this rule, the FAA Administrator will not use ASRS reports — or any information derived from them — in an enforcement action against a pilot.
There are two important exceptions, which are wholly excluded from the program's protection:
- Information concerning accidents
- Information concerning criminal offenses
Why this matters operationally:
- It encourages pilots to self-report safety issues, deviations, and near-misses without fear that their candor will be turned into a violation.
- The data NASA collects is de-identified and used to spot system-wide safety trends, helping the entire aviation community learn from mistakes.
- Filing an ASRS report is a common practice after an unintentional deviation (for example, a busted altitude or airspace clip). While the report itself doesn't erase a violation, FAR 91.25 ensures the report can't be used as evidence against you in most enforcement situations.
Five FAA-written-style questions. Instant explanations, every answer cites its source — no account needed.
You are flying VFR in Class E airspace at 8,500 feet MSL during the day. What are your minimum visibility and cloud clearance requirements?
Q1If you accidentally bust an altitude in IMC, can the FAA use your NASA ASRS report against you in an enforcement action?
Q2Are there any situations where ASRS report information is not protected from FAA enforcement use?
Q3Who actually administers the Aviation Safety Reporting Program, and why does that matter?
The NASA report myth: § 91.25 vs. the AC 00-46F waiver of sanction
Pilots call the NASA form a “get-out-of-jail-free card,” but § 91.25 does only one narrow thing: it stops the FAA from using your ASRS report as evidence in an enforcement action. The part that can actually waive a fine or suspension is a separate FAA policy in Advisory Circular 00-46F — and it has four conditions you must meet first.
An evidentiary bar. The FAA cannot use the report (or information derived from it) in any enforcement action. It sets no filing deadline and grants no immunity by itself.
The “immunity.” Even if a violation is found, the FAA will not impose a civil penalty or certificate suspension when all four conditions below are satisfied.
| Condition | Test | What it means |
|---|---|---|
| Condition 1 | Inadvertent and not deliberate | The violation must have been unintentional. A knowing, willful, or repeated act does not qualify for the waiver of sanction. |
| Condition 2 | No criminal offense, accident, or competency action | The event must not involve a criminal offense, an accident, or an action under 49 U.S.C. § 44709 that discloses a lack of qualification or competency. These are wholly excluded. |
| Condition 3 | Clean 5-year enforcement record | The reporter must not have been found in any prior FAA enforcement action for a violation of the statute or regulations in the preceding 5 years. |
| Condition 4 | Filed within 10 days | A completed NASA ASRS report must be delivered or postmarked within 10 days of the violation (or the date the person became aware, or should have been aware, of it). |
Section 91.25 protection never reaches accidents or criminal offenses. Actions under 49 U.S.C. § 44709 that show a lack of qualification are also outside the waiver — a NASA report does nothing for those.
The waiver stops the sanction, not the finding. A violation can still be entered on your record even after a timely report — the fine or suspension is what gets waived.
NASA ASRS report FAQ
Does filing a NASA ASRS report protect my pilot certificate under 14 CFR § 91.25?
Not by itself. Section 91.25 only bars the FAA from using your ASRS report (or information derived from it) as evidence in an enforcement action. The protection that can waive a civil penalty or certificate suspension comes from FAA policy in AC 00-46F, and it applies only if the violation was inadvertent and not deliberate, did not involve a criminal offense or accident, you had no enforcement finding in the prior 5 years, and you filed within 10 days.
What does 14 CFR § 91.25 actually say?
It states that the FAA Administrator will not use reports submitted to NASA under the Aviation Safety Reporting Program (or information derived from them) in any enforcement action, except information concerning accidents or criminal offenses, which are wholly excluded from the Program.
How long do I have to file a NASA ASRS report?
To preserve the waiver of sanction under AC 00-46F, the report must be delivered or postmarked within 10 days of the violation, or within 10 days of when you became aware (or should have been aware) of it. Section 91.25 itself sets no deadline — the 10-day clock is a condition of the immunity policy, not of the regulation.
Does a NASA report erase a violation from my record?
No. Even when every condition is met, the FAA can still make a finding of violation that stays on your record; the policy only waives the sanction (the fine or suspension). Accidents and criminal offenses get no protection at all and are excluded from the Program.
Is a NASA ASRS report confidential and can it still be used after a deviation?
NASA de-identifies reports and returns the time-stamped identification strip to you as proof of filing. Under § 91.25 the FAA cannot use the report in an enforcement action, but the agency can still pursue a case from independent evidence such as radar data or controller statements — the report just cannot be the source.