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[Topics] [Phillip Kolczynski's Biography]
This section of the Aviation Law Forum is devoted to issues related to Accident Law:
NTSB Investigations, FAA Investigations, Aviation Safety Report Immunity,
NTSB Accident Reports, NTSB Accident Hearings, Cockpit Voice Recorder,
Flight Data Recorder, Pilot/Operator Statements.
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Skydivers cannot jump onto a public airport without the permission of the airport
manager. If an airport manager consents to the skydiving operations and the
pilots of the jump plane do not make radio calls to alert traffic that they have
dropped jumpers. Would the airport manager be liable should a jumper and a plane
collide in the air?
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Normally, when an airport manager gives permission for any type
of aviation operation within his or her jurisdiction, the consent is
given for an operation to be performed in accordance with all applicable
safety rules. The airport manager is acting as a landlord, granting
permission to operate above and on the airport premises. Normally, an
airport manager does not take operational control over any flight
operation at the airport.
I would normally expect the 135 operator, pilot and the jump master to
assume all responsibility for the safe conduct of the skydiving
activities. If the pilots of the jump plane do not make necessary radio
calls, then the pilots and the 135 operator have exposure in the event
of an accident.
One would have to know the exact arrangements between the airport
manager and the 135 operator before one could rule out airport manager
exposure; however, there is a serious issue as to whether there is any
special responsability on the airport manager under the limited
circumstances you have described in your question.
NEVER JUMP OUT OF A PERFECTLY GOOD AIRPLANE, UNLESS SOMEBODY CLEARS YOUR LANDING! PHIL
[Topics]
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Is a commercial pilot legally required to be truthful in statements made on police
reports, or personal logs filed with the airlines regarding incidents onboard?
Thanks -SL
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This is an easy answer for a lawyer - NO! YOU MAY NOT LIE! I
suspect there is more to this question than is evident! Because E-mail
is not guaranteed to be private, I understand why there is not enough
information in the question to fully explain the incident which created
the need for the completion of airline personnel logs, AND a Police
Report! Nevertheless, let's explore this issue more carefully for
better understanding of the implications of a "commercial pilot lying
about an onboard incident."
Personnel logs are normally a company requirement. False entries would
almost certainly be a violation of the company rules and probable
grounds for an employment sanction. Airlines have the "highest duty of
care" for their passengers and are closely regulated by the FAA to the
extent that many of their manuals are approved by the FAA. If personnel
logs are required by an FAA approved manual, then falsifying personnel
logs could be construed by the FAA, as impairing aviation safety. If so,
the FAA enforcement actions might be brought against the commercial
pilot who intentionally falsifies a personnel log on a matter relevant
to aviation safety.
In addition, there are numerous criminals laws which can lead to
prosecution for the obstruction of justice or interference with a police
investigation by someone who knowingly falsifies information provided
for use in a Police Report. Thus, it would be hard to imagine a
situation where a commercial pilot could "legally avoid being truthful
about an onboard matter."
Note - there is a major difference between refusing to give a statement
and giving an untruthful one. All persons have the right (pursuant to
the Fifth Amendment to our Constitution) to refuse to give a statement
if that statement might incriminate them.
In conclusion, any airman faced with the dilemma of whether to be
anything but truthful in a Police Report or when completing personnel
logs as a result of an onboard incident, should retain an attorney.
Have an attorney explain your rights and liabilities under the Federal
and State laws which may apply.
I HOPE YOU LANDED SAFELY - NO LIE! PHIL
[Topics]
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An American civilian general aviation airplane was being
delivered to a foreign purchaser in a foreign country, where it crashed
after an in flight explosion. The foreign government began an
investigation of the accident. The family wants the NTSB to investigate
the accident. The NTSB has not been invited to participate by the
foreign government. Who is responsible to investigate the accident, in
that it involved an aircraft registered in the United States,
manufactured by a United States' company, owned by a United States'
seller, being delivered to a foreign purchaser, being flown by an
American pilot?
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International accident investigations are controlled by the
aircraft accident investigation rules of ICAO - the International Civil
Aviation Organization. By international agreement, various member
nations called "states," have developed a protocol, describing the
proper methods to handle international accidents, which can be found in
ICAO Annex 13 (8th Edition, 1994).
The aircraft accident investigation procedures of ICAO require the state
where the accident occurs to act as the "state of occurrence," and
immediately preserve the aircraft wreckage and its contents. That State
of Occurrence is also required to initiate the investigation. The State
of Occurrence can then invite another government to participate in the
investigation, if so desired. In this regard, the United States'
National Transportation Safety Board is often involved in foreign
investigations where their technical expertise is desired, or where a
substantial United States interest is involved. Frequently, there are
treaties and special agreements between U.S. State Department and other
countries which allow for American agencies to participate in
investigations of foreign accidents.
Concerned family members can petition the NTSB to seek permission to
participate in the investigation. The NTSB has authority to investigate
the accident. 14 CFR §830.1. The NTSB's internal policy is to only
investigate foreign accidents involving air carriers or U.S.
manufactured aircraft that weigh over 100,000 kg (220,460 lbs.).
However, the host nation's obligation to allow such participation will
be defined by ICAO Annex 13 and any other agreements with the specific
country involved.
AVOID CRASH LANDINGS ABROAD! PHIL!
[Topics]
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Dear Phil: I run a local FBO - we charter and rent airplanes. If one of
our airplanes crashes while on a charter or during rental use, what
legal responsibilities, do we have with regard to the wreckage?
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Dear Mr. FBO: Your accident responsibilities are spelled out in Title 49
of the Code of Federal Regulations, Part 830, Subpart C. You would be
viewed as the "operator" of the aircraft, even though another pilot was
renting it or flying it on a charter. As the operator, you are
responsible to preserve not only the aircraft wreckage, but also any
cargo or mail that may be aboard. You must also preserve the pertinent
flight and maintenance records for the aircraft.
The question that comes up frequently is, what if the plane crashes at
some remote location, not convenient to your headquarters? Try to
coordinate with local law enforcement officers who will be first on the
scene and may establish protective custody over the wreckage; however,
you are the party with a legal responsibility to preserve the wreckage
and records until a release is granted by the NTSB.
Remember, as "operator" you also have a responsibility to give a written
Notification of the accident to the NTSB. You should also give your
insurance company notification of the accident immediately. The
insurance company may appoint a lawyer, but if there is any delay in
this regard, make sure you have your own lawyer to protect you.
HELPFUL TIP: In some circumstances, it may be helpful to first videotape
the wreckage, along with any impact marks or other such evidence, prior
to turning over custody.
AVOID "FINAL" LANDINGS! PHIL
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