Aviation Law Monitor : Aviation Lawyer & Attorney : Michael Danko Law Firm : California Airplane & Helicopter Crashes : Aviation Law Monitor

Foreign countries routinely bring criminal charges against pilots after an accident. But in the US, criminal charges are very rare. And that's a good thing because "criminalizing negligence" usually does little to promote safety.  

But perhaps there are exceptions.

Pilot Steven Fay bought his 1960 Cessna in June 2010.  He crashed it after dark on New Year's Day 2011. He survived with minor injuries but, sadly, his 35 year-old daughter -- the passenger on the plane -- did not.

A Massachusetts grand jury has now indicted him for involuntary manslaughter, which carries a possible 20 year prison term.

Fay's Cessna, a Cessna 310, was a "multi-engine, complex, high-performance airplane." Trouble is that:

• Fay was not licensed to fly a twin-engine aircraft;
• Fay did not hold a high performance aircraft endorsement;
• Fay did not hold a complex aircraft endorsement;
• Fay's last night landing was ten years earlier, and thus he was not legally entitled to carry a passenger in any aircraft at all.

According to the NTSB report, neither weather nor mechanical problems played a factor. 

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The pilot says he warned Lauren Scruggs away from his propeller.   According to the NTSB's preliminary report:

After [the pilot] opened the door, [Scruggs] started to get out of the airplane. Upon noticing that she was exiting in front of the strut, the pilot leaned out of his seat and placed his right hand and arm in front of her to divert her away from the front of the airplane and the propeller. He continued to keep his arm extended and told [Scruggs] that she should walk behind the airplane. Once he saw that [Scruggs] was at least beyond where the strut was attached to the wing, and walking away, he dropped his right arm and returned to his normal seat position. The pilot then looked to the left side of the airplane and opened his window to ask who was next to go for a ride.

The pilot then heard someone yell, "STOP STOP," and he immediately shut down the engine and saw [Scruggs] lying in front of the airplane.

While the pilot apparently tried to keep Scruggs from the propeller, it wasn't enough.  Sadly, the accident likely would have been avoided had the pilot followed the the general safety guidelines set forth here.

• The aircraft engine should be shut down before boarding or deplaning passengers. This is the simplest method of avoiding accidents. Unfortunately, the pilot elected to keep his engine running.

• The pilot should instruct passengers, before they exit an aircraft with an engine(s) running, the path to follow to avoid the propeller or rotor blades. The pilot apparently failed to instruct Scruggs of the path to follow before she exited the plane.  Once she had exited the airplane, given the noise, he was left to rely on crude hand signals to get his message across.

• When it is necessary to discharge a passenger from an aircraft on which an engine is running, never stop the aircraft with the propeller in the path of the passenger's route from the aircraft. Apparently, in this case, the propeller was in the path of the deplaning passenger's travel.

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The NTSB says that during tomorrow’s hearing, it will be looking to industry leaders to give it a “deeper understanding of regulations” bearing on the operation of the nation’s air shows. Of course, the only regulatory body that has the authority to control air shows is the FAA. But what the Board will find -- if it asks the right questions -- is that for the most part, the industry regulates itself. According to one veteran air racer, Howie Keefe, the FAA is more or less “hands off” when it comes to air show safety. From Martha Bellisle’s article in the Reno Gazette-Journal:

Keefe said the industry is largely self-regulated because the pilots and engineers are the most qualified to determine whether another pilot can handle a certain race or course or whether a certain design can handle the stress of a trick or race. ‘The classes themselves can say yes or no to a person who wants to race — if they can’t do a roll, they can’t race,’ Keefe said. ‘The FAA can’t do that. We rely on the expertise of the people in the industry to make the decisions.’

Perhaps a “hands off” policy is fine for the participants. But not so much for the spectators, who expect that if the FAA approves an event, it is overseeing the event’s safety in some meaningful fashion, and not merely turning the reins over to the event sponsors.

This Board says that the purpose of tomorrow’s public hearing is to help it investigate future air show accidents. But this Board is more assertive than past boards. There’s little doubt that it will find the FAA’s oversight lacking. The question is whether it will do anything about it.

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