CASE ANALYSIS 6

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Chapter 10
Accident Notification, Reporting, and Investigation

Chapter 10
Accident Notification, Reporting, and Investigation

  • It is imperative that every operator have an Accident Response Plan (ARP)

  • Statements made following an accident can have far reaching results

FAA enforcement action

Civil litigation

Criminal charges

Controlling the Release of Information
Damage Containment

  • Rescue survivors

  • Preserve the wreckage and crash site

  • Notification

  • Control accuracy of information that is released

Controlling the Release of Information

  • Excited utterances

  • Admission against your interests

  • FAA enforcement actions

  • Civil litigation

  • Criminal charges

FBI will most likely be involved in criminal investigations

State or local authorities may get involved

Controlling the Release of Information

  • Accidents/incidents outside the US may be considered criminal (civil law vs. common law)

  • Brazil

Business Jet collides mid-air with a commercial airliner

Crew of the Business Jet is subject to criminal prosecution

Controlling the Release of Information

  • Criminal investigations typically stifle communication

  • ICAO actively engaged

Persuading all countries

To separate civil accident investigations from criminal investigations

Controlling the Release of Information
Accident Response Plan

  • Initially restrict release of information

  • Release information through designated individual

  • Only verified facts should be released

  • “please refer all questions to the NTSB”

Notifications and Reports Required
Do not file an Aviation Safety Report with NASA

  • Immunity doesn’t apply when accidents are involved

  • Report submitted to NASA is forwarded to NTSB

  • Becomes public record and can be used against you

  • FAA enforcement action

  • Civil litigation

Notifications and Reports Required

  • No requirement to report accidents or incidents to the FAA

  • Not required to notify NTSB of every mishap involving an aircraft

  • FAA and NTSB communicate with one another

  • Notify/provide written reports only when required

Notifications and Reports Required
An Operator

  • A person causing/authorizing operation of an aircraft

  • Owner,

  • Lessee,

  • Bailee of an aircraft

Aircraft entrusted to another

For a particular purpose

Notifications and Reports Required
Notification

  • Operator of civil and public aircraft (operated by federal or state agencies)

  • Must notify NTSB

Immediately and

By the most expeditious means available

  • When there is an aircraft accident and,

  • For specific types of incidents

Notifications and Reports Required
A Written Report

  • Operator of civil and public aircraft (operated by federal or state agencies)

  • File a written accident report within 10-days

  • File a written incident report as requested 

Notifications and Reports Required

Crew Members

  • Attach a statement setting forth facts, conditions, circumstances
  • When physically able to do so

NTSB Part 830

Notification and Reporting of Aircraft Accidents or Incidents and Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail, Cargo and Records

Notifications and Reports Required
NTSB Part 830

  • Immediate notification

Of an accident or,

Of specific incidents, and

Of an overdue aircraft suspected of being in an accident

https://www.govregs.com/regulations/49/830.5

Notifications and Reports Required
Accidents

  • Occurrence associated with aircraft operation

  • Taking place between the time

Any person boards an aircraft intending to fly, and

When all such persons have disembarked from the aircraft

  • Any person suffers serious injury or death, or

  • An aircraft sustains substantial damage

Notifications and Reports Required
Accidents

Unmanned Aircraft System (UAS)

  • Occurrence associated with UAS operation

  • Taking place between

UAS activation with the purpose of flight, and

UAS deactivation at mission conclusion

  • Any person suffers serious injury or death, or

  • UAS->300lbs MGTOW sustains substantial damage

Notifications and Reports Required
Accidents-Serious Injury

  • Hospitalized more than 48 hours within seven days

  • Fracture of any bone (except fingers, toes, or nose)

  • Severe bleeding or nerve, muscle, tendon damage

  • Injury to any internal organ

  • Second/third degree burns, or

  • Burns over five percent of the body surface

Notifications and Reports Required
Accidents-Substantial Damage

  • Damage/failure adversely affecting

Structural strength

Performance

Flight characteristics

  • Normally requires major repair or replacement

Notifications and Reports Required
Accidents-NOT Substantial Damage

  • Engine failure/damage-to only one engine

  • Damaged fairings, cowlings, wingtips, flaps

  • Dented skin, small puncture holes in skin or fabric

  • Ground damage

  • Damaged rotor/propeller blades, engine accessories

  • Damaged landing gear-wheels, tires, brakes

Notifications and Reports Required
Incidents

  • An occurrence other than an accident

  • Associated with operation of an aircraft

  • Affecting or could affect safe operation

  • Notify NTSB only for specific incidents

Notifications and Reports Required
Incidents

Flight control system malfunction or failure

Failure of any flight crew member to perform normal duties as a result of injury/illness

Failure of any internal turbine engine component that results in escape of debris other than exhaust

In-flight fire

Aircraft collision in flight

Complete list (6-13) pp. 229-231 also available at

https://www.govregs.com/regulations/49/830.5

Notifications and Reports Required
Notification to NTSB-Required Information Only

Type, nationality, aircraft registration marks

Name of owner, and operator of the aircraft

Name of the pilot-in-command

Date and time of the accident

Last point of departure, point of intended landing

Notifications and Reports Required
Notification to NTSB-Required Information Only

Aircraft position, reference to a geographical point

Number of persons aboard, killed, seriously injured

Nature of the accident; weather, extent of damage

Description of any explosives, radioactive materials, or other dangerous articles carried

Notifications and Reports Required
Reports to the NTSB

  • Aircraft operator

Written accident reports must be filed within 10-days of an accident

Written incident reports limited to NTSB specific incidents, and

Only when requested

  • File reports with nearest NTSB field office

Notifications and Reports Required
Accidents Outside of the US

  • Reporting requirements/definitions may be different

  • Notify the NTSB equivalent office in the country where the accident occurred

  • Operator/crew are bound by laws of the country they are operating in

  • ICAO Annex 13 Standards and Recommended Practices for Aircraft Accident Investigation

  • Operator’s insurance policy must be consulted

Some Techniques that Work

  • Following an accident crew members may be injured or in a state of shock

Required to cooperate with investigators

Their mental/physical health must be a consideration

May be taking medication that impacts their judgment

Some Techniques that Work

  • Certificate action by the FAA must be considered

  • NTSB investigates to determine probable cause

  • FAA investigates to determine Who caused

  • NTSB may hold an informal inquiry during the on-site phase of the investigation

Accident Response Plans

  • Accidents expose companies to:

Certificate action

Civil litigation

Damaged reputations

Criminal charges

  • An ARP mitigates consequences of the accident

  • Insurance provider may provide assistance with ARP

NTSB Family Support Services

  • Federal Family Assistance Plan for Aviation Disasters

  • Coordinates integration of government and other organization resources to assist disaster victims

  • Family counseling, victim identification and forensic services, communicating with foreign governments

  • Joint Family Support Operations Center (JFSOC)

Commercial Spaceflight Accidents

  • No clear delegation of authority for investigation commercial spaceflight accidents

  • NTSB has participated in Space Shuttle accidents and the inflight break up of SpaceShip Two

  • Highly likely NTSB will be charged with investigations into commercial spaceflight accidents

  • Who is in a better position

Chapter 10
Workbook Questions

While attempting to land a single-engine tailwheel airplane in a crosswind at a private uncontrolled airfield, you lost control and the aircraft “ground-looped.”

The right wingtip was damaged to the extent that it will have to be repaired or replaced before further flight. Are you required to notify any government agency of this event? Explain.

During the course of the ground loop, the right main landing gear leg also failed. Now are you required to notify any government agency of this event? Explain.

When the landing gear failed, the propeller struck the ground and was bent. Now are you required to notify any government agency of this event? Explain. If the ground impact caused a propeller blade to separate from the aircraft would you arrive at the same or a different answer? Explain.

Chapter 10
Workbook Questions

While attempting to land a single-engine tailwheel airplane in a crosswind at a private uncontrolled airfield, you lost control and the aircraft “ground-looped.”

A subsequent tear-down inspection of the engine reveals that the prop strike bent the crankshaft. Now are you required to notify any government agency of the event? Explain.

During the landing events, your head was banged against the aircraft’s structure. Although you did not lose consciousness, you experienced an extreme headache and dizziness and were hospitalized for treatment for a concussion. Now are you required to notify any government agency of this event? Explain.

Chapter 10
Workbook Questions

You just landed a light twin without first lowering the landing gear. Both propellers are curled back, the flaps are bent, and there are some dents and scrapes on the aircraft’s belly skin.

You believe the cause was that you were distracted in your performance of the aircraft’s prelanding checklist by the air traffic controller calling to point out other traffic to you. Are you required o notify any government agency about this mishap? Explain.

You believe that the cause was a malfunction or failure of the landing gear system, because you remember placing the gear handle in the “down” position and observing three illuminated green lights, indicating that all three landing gear were down and locked. Are you required to notify any government agency of this mishap? Explain.

A tear-down inspection of the engines reveals that both crankshafts were bent when the propellers struck the ground. Now are you required to notify any government agency of this event? Explain.

Chapter 10
Workbook Questions

While operating at an uncontrolled airport, you have a midair collision with another aircraft that you did not see and the at had no radio with which to report its whereabouts or intentions.

Fortunately for everyone involved, your aircraft suffered no damage, and the only damage to the other aircraft was a small hole punctured in the upper skin of a wing by your landing gear. No one was hurt, and both aircraft landed uneventfully. Are you required to notify any government agency of this mishap? Explain.

The two aircraft involved were both blimps, which merely bounced off each other rather comically, with no damage to either aircraft. Are you required to notify any government agency of this mishap? Explain.

The two aircraft did not collide, but missed each other by no more than a millimeter. Are you required to notify any government agency of this event? Explain.

Chapter 10
Workbook Questions

Your are flying a large jet transport and experience a failure of one of the four turbine engines. No one is injured, and you are able to make a successful emergency landing.

The failure was apparently caused by ingesting a large bird, which caused numerous turbine blades to break off and be blown out the engine exhaust. Are you required to notify any government agency of this occurrence? Explain.

The failure was catastrophic and uncontained, causing a turbine wheel to emerge from the side of the engine cowling, penetrating and lodging in the fuselage. Now are you required to notify any government agency of this occurrence? Explain.

Chapter 10
Workbook Questions

You are operating an aircraft equipped with a single electronic primary flight display. While in flight the screen goes dark, displaying no information. You have no other electronic cockpit displays, Are you required to notify any government agency of this failure? Does your answer depend upon whether you are operating in IMC or VMC at the time? Explain.

While maneuvering on an aircraft parking ramp, a line service attendant accidentally strikes a parked and unoccupied helicopter’s main rotor blade with the gas truck, damaging it to the extent that the blade will have to be replaced. Must any government agency be notified of this mishap? Explain.

Chapter 10
Workbook Questions

You are operating a regional airliner. On takeoff roll, you observe a small general aviation aircraft beginning to cross your runway ahead. You apply full braking and full reverse thrust, successfully aborting the takeoff and stopping short of the other aircraft. Are you required to notify any government agency of this mishap? Explain.

What accidents and incidents are you required to report to the FAA?

Chapter 10
Workbook Questions

Flying your personal single-engine airplane non-commercially, you experience an in-flight engine failure and make an emergency landing on a freeway below.

You land an roll off into the median without damage to the aircraft or anything else. There are no injuries. Are you required to notify any government agency of this mishap? Explain.

You land on and destroy a $200,000 exotic sports car. Seeing the aircraft coming, the car’s occupants jump out and escape unscathed, and there is no damage to the aircraft except some scraped paint and a flat tire. The occupants of the aircraft are not injured. Are you required to notify any government agency of this mishap? Explain.

Chapter 10
Workbook Questions

A catering truck rolls into a parked airliner, damaging the fuselage and pressure vessel to the extent that it will require a major repair before flight.

Only the aircraft cleaning crew is aboard at the time of the collision. Is the airline required to notify any government agency of this occurrence? Explain.

The passengers have not yet begun to board the aircraft at the time of the collision, but the flight crew is aboard preparing the aircraft for departure when the collision occurs. Is the airline required to notify any government agency of this occurrence? Explain.