Legal

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    The Peshawar High Court Demands Air Blue Inquiry

    An independent board of inquiry for determining the causes of the crash was petitioned by politician Marvi Memon.

    Interior Minister Rehman Malik gave a two month timeframe for the release of the Air Blue report. It still has not been released due to “political pressure.”

    The families have persistent unanswered questions regarding the Air Blue crash in the Margalla Hills in Islamabad. One hundred fifty two people died in that crash in July 2010. As of Thursday, the PHC expects the written submissions (complete statements) from all respondents on the next court date.

    Counsel Omar Farouk Adam requested that the Air Blue Fleet be grounded until the report is made public. According to Chief Justice Ejaz Afzal Khan, relief for the victims families must be “fixed” in the inquiry prior to the court ordering interim relief.

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    Airbus Yesterday, Air France Today: Justice Wheels Grind Slowly

    George’s Point of View


    Thursday’s news was that Airbus is being investigated for Air France Flight 447. Airbus officials made a public statement that they “strongly disapprove” of the decision, (no doubt!) but would comply with the investigation. Note to readers: This is law, not option. So let’s take that cooperation with a grain of salt, shall we? When the judge tells you that you’re being investigated, you say, “Yes Ma’am.”

    March 20 is the date the search starts again, more on that below.

    So yesterday, Thursday, was Airbus’s turn in court–
    Today, Friday, Air France has been called in its turn before a judge in France to get its hand slapped. Or get in preparation to get its hand slapped, in ten years or so. Anyway, Air France is also on the mat.

    Or, as they call it in France, (to be purists here) Mise en examen

    This is a criminal investigation. It is a matter of FRENCH LAW. As it was explained to me, “Every air accident is also a criminal matter, and a judge is appointed to oversee the investigation and follow up including charges if any to be filed.”

    So what was the problem with the flight? It crashed. It killed lots of people No one knows for sure why. (Though to some of us it seems obvious.) No black boxes, right? But we’re not idiots. We have plenty of information about what was going on. Not everything, of course, but we have the messages sent by the plane’s computers. They reflect faulty readings which are believed to be the result of faulty pitot tube readings and a series of system failures. We would have a rounder picture of events if the black boxes, which hold crucial information were not misplaced somewhere in the Atlantic. They think they know where it is, (or at least they say they know or say they think they know) based on drift and whatnot (heavy on the whatnot.) But millions have been spent finding this needle in a stack of needles under the ocean, in a submarine mountain range. Nearly 30 million dollars has been spent on the search for the black boxes so far. The cost of the new search is shared by Airbus and Air France and will cost 12.5 million.

    What about the details about the mise en examen preliminary manslaughter charges filed Thursday against Airbus? They were filed in French court by Judge Sylvie Zimmerman over the 2009 deaths of 228 people aboard Air France Flight 447. Fatal accidents automatically prompt criminal probes running concurrent with civil investigations, but a couple of points which may not be obvious to Americans not versed in French Justice are that the charges may be issued pending further investigation, and may hinge on the black boxes which have not been found and may never be found; AND the dual investigation slows things down. That may be one item that delayed the Concord trial 10 years after the accident. You’ve seen pictures of a guy walking around with a tiny ankle-biting dog chewing on the hem of one pants leg? Well, instead of a chihuahua, picture the entire french justice system. Might tend to slow down ones progress, do you think?

    So Air France will be in court Friday, ie today. Watch the news, because what we saw yesterday about Airbus, we’ll see today about Air France. I hope the families are getting some satisfaction from this, because it is going to be a long (long long long) time before they feel like they’re actually being heard, not herded into obscurity.

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    Family Charges Bombardier with Negligence

    The National Transportation Safety Board’s decision on the Colgan Air Flight 407 crash is that the pilot responded inappropriately to the stick shaker, which led to an aerodynamic stall from which the airplane did not recover. The stick shaker only comes into play when the plane is already slow enough to stall. The plane fell 800 feet before crashing pointing northeast, away from the airport

    The family of Ellyce Kausner has filed a lawsuit against Bombardier. Bombardier is the manufacturer of the plane involved in the crash. The suit charges that Bombardier was “negligent and careless” in the design of the plane by not providing more efficient internal mechanical warning systems.

    Kausner was a 24 year old Jacksonville law student traveling to NY to visit family.

    At least 19 other families have filed suits.

    At the time of the crash, the automated “stick-pusher,” pushes the control column down in order to send the aircraft into a temporary dive so it can regain speed and recover from a stall but Capt. Renslow yanked back on the controls while adding thrust, manually overriding the stick-pusher.

    Colgan Air, Clarence Center, NY, Accident Dockets

    George’s Point of View

    Time for Bombardier to step up to the plate. Although this has little to do with the pilot, who had flunked numerous flight tests during his career and was never adequately taught how to respond to the emergency that led to the airplane’s fatal descent. Maybe Ellyce would still be here if the warning systems on the Bombardier were simply better.

    When the plane slowed down to a dangerous level, it set off the stall-prevention system, and the pilot performed the opposite of the proper procedure. So there were hiring and training issues involved too. And Captain Renslow had about 109 hours of experience, hardly enough to be pilot.

    Even if procedures seem counter-intuitive, shouldn’t the pilot be aware of them?

    Barring the inefficiency of an ill-prepared pilot, shouldn’t Bombardier have some kind of way to limit ineffective pilot responses?

    When the hiring and training fails, and when the pilot fails, shouldn’t there be some kind of fail-safe within the plane? Even a copy of the Complete Idiot’s Guide to Not Crashing your Bombardier for pilots who flunked their last check write 16 months before and who apparently didn’t read the real manual?

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    Newfoundland Cougar 491 Crash: Unanswered

    Families and the only survivor of the 2009 Sikorsky crash have petitioned Transport Minister Chuck Stahl to take action. Transport Canada did not enforce certification requirements, leading to sixteen factors that in their turn lead to the crash. Two of three titanium studs broke off the oil filter assembly.

    The helicopter’s design is to be able to continue flying for thirty minutes after the gearbox runs dry.

    The last conversations between air traffic controllers and the Sikorsky’s pilots, Capt. Matt Davis, 34, of St. John’s, and First Officer Tim Lanouette, 48, Comox, B.C., were released by the Transportation Safety Board of Canada.

    The news from the day of the tragic accident.

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    Survivors Have Rights Too


    Click to view full size photo at Airliners.net
    Contact photographer Andrei Visan

    What is a life worth?

    It appears that Manx2 Airlines doesn’t think a life is worth very much. Manx2 denied an advance payment of more than £15,000 to cover the costs of a crash survivor (Cork Airport) to fly by aircraft from Cork University Hospital to the U.K. They are trying to shift responsibility to BCN.

    On the second approach to runway 17 the right wing-tip of the Swearingen SA-227BC Metro III hit the runway, flipping the aircraft upside down. The plane slid 190 metres along the runway and came to rest in the grass adjacent to Taxiway C when fuel tanks leaking fuel in the right wing caught fire.The leased plane crashed on Feb 10, 2011, killing 2 crew members, and 4 passengers. There were 6 survivors.

    After a horrific accident like that, you’d expect Manx to step up to the plate.

    When someone dies in a crash the question is asked: what is this life worth? You may not hear it in that many words, but it is there. The value of a human being, translated into dollars and cents. When someone survives a crash as 6 did in this instance, it is difficult not to see Manx’s petty delay tactic as a slap in the face.

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    Ex Pilots Sue Japan Airlines

    In Tokyo District Court, 146 plaintiffs argued over their dismissal. A year after JAL filed bankruptcy, and underwent restructuring in a government-backed bailout, the 74 flight crew and 72 cabin attendants—some of whom include their most experienced employees—attended a press conference. The documentation of their lawsuit included statements that said their dismissal was unnecessary as the airline known as JAL made operating profit totaling over 140 billion yen ($1.7 billion) from April to November in 2010. Kazuya Chikamura, head of the Japan Federation of Aviation Worker’s Union said pilots over 55, copilots 48 and above, and over 53 for flight attendants, factoring in also sick days. The suit questions if JAL made every effort to avoid dismissal and honor their contracts. A November 30 court decision by Tokyo District Court requires JAL to lose 30% of their workers or 16,000 jobs by March.

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    Australian Lawsuit against Rolls Royce Possible

    Australian Transport Safety Bureau has issued a safety alert.

    The Qantas A380 Rolls Royce engine failure was due to a (fatigue) cracked tube. The Australian Trade Practices Act allows Qantas to pursue a legal solution against rolls Royce, especially as it appears they were aware of engine problems (fatigue cracking in the thin side of an unevenly bored oil tube) but did not inform Qantas. If there were flawed oil tubes on the earliest “A-version” Trent 900s, have some of these survived in lagter models? Qantas no longer uses A version engines.

    George’s Point of View

    Good for Qantas, if they are going to sue.

    Now the passengers should sue Quantas for the close miss to a possible tragedy and for the mental stress.

    The Australian Report:
    Manufacturing problem potential factor in QF32 engine failure
    Date: 02 December 2010

    The ATSB has issued a safety recommendation about potential engine problems in some Airbus A380 aircraft.

    The safety recommendation identifies a potential manufacturing defect with an oil tube connection to the high-pressure (HP)/intermediate-pressure (IP) bearing structure of the Trent 900 engine installed in some A380 aircraft.

    The problem relates to the potential for misaligned oil pipe counter-boring, which could lead to fatigue cracking, oil leakage and potential engine failure from an oil fire within the HP/IP bearing buffer space.

    In response to the recommendation Rolls Royce, affected airlines and safety regulators are taking action to ensure the continued safe operation of A380 aircraft. The action involves the close inspection of affected engines and the removal from service of any engine which displays the suspected counter-boring problem.

    The ATSB will hold a media briefing tomorrow (Friday 3 December 2010) at 10.30am to accompany the release of its preliminary factual investigation report into the QF32 occurrence. ATSB Chief Commissioner Mr Martin Dolan will present the known facts gathered from the investigation and highlight the key safety issues that have resulted from the investigation to date.

    Summary
    On 4 November 2010, at 0157 Universal Coordinated Time (UTC), an Airbus A380 aircraft, registered VH-OQA (OQA), being operated as Qantas flight 32, departed from runway 20 centre (20C) at Changi Airport, Singapore for Sydney, New South Wales. On board the aircraft were five flight crew, 24 cabin crew and 440 passengers (a total of 469 persons on board).

    It was reported that shortly after departing Singapore the No. 2 engine failed. The aircraft was returned to Singapore for a safe landing after reducing its fuel load. The investigation is continuing.

    A report has not yet been released for this investigation.

    Preliminary report to be released 10.30am Friday, 3 December 2010

    On 4 November 2010, at 0157 Universal Coordinated Time (UTC), an
    Airbus A380 aircraft, registered VH-OQA (OQA), being operated as
    Qantas flight 32, departed from runway 20 centre (20C) at Changi
    Airport, Singapore for Sydney, New South Wales. On board the
    aircraft were five flight crew, 24 cabin crew and 440 passengers (a
    total of 469 persons on board).

    It was reported that shortly after departing Singapore the No. 2
    engine failed. The aircraft was returned to Singapore for a safe
    landing after reducing its fuel load. The investigation is
    continuing.

    A report has not yet been released for this investigation.

    Preliminary report to be released 10.30am Friday, 3 December
    2010

    Recommendation

    Safety Recommendation AO-2010-089-SR-012

    On 4 November 2010, at 0157 Universal Coordinated
    Time (UTC), an Airbus A380 aircraft, registered VH-OQA (OQA), being
    operated as Qantas flight 32, departed from runway 20 centre (20C)
    at Changi Airport, Singapore for Sydney, New South Wales. On board
    the aircraft were five flight crew, 24 cabin crew and 440
    passengers (a total of 469 persons on board).

    Following a normal takeoff, the crew retracted the
    landing gear and flaps. The crew reported that, while maintaining
    250 kts in the climb and passing 7,000 ft above mean sea level,
    they heard two almost coincident ‘loud bangs’, followed shortly
    after by indications of a failure of the No 2 engine.

    The crew advised Singapore Air Traffic Control of the
    situation and were provided with radar vectors to a holding
    pattern. The crew undertook a series of actions before returning
    the aircraft to land at Singapore. There were no reported injuries
    to the crew or passengers on the aircraft. There were reports of
    minor injuries to two persons on Batam Island, Indonesia.

    A subsequent examination of the aircraft indicated
    that the No 2 engine had sustained an uncontained failure of the
    Intermediate Pressure (IP) turbine disc. Sections of the liberated
    disc had penetrated the left wing and the left wing-to-fuselage
    fairing, resulting in structural and systems damage to the
    aircraft. The No 2 engine was removed from the aircraft and
    disassembled in an authorised engine workshop for examination,
    under the supervision of the Australian Transport Safety Bureau. In
    addition, a large section of liberated IP turbine disc was also
    recovered from Batam Island for examination. Those examinations are
    ongoing.

    As a result of this occurrence, a number of safety
    actions were immediately undertaken by Qantas, the Australian Civil
    Aviation Safety Authority, Airbus, Rolls-Royce plc, and the
    European Aviation Safety Agency.

    The Australian Transport Safety Bureau has prepared a
    Preliminary Factual Report on the investigation of the occurrence.
    That report will be publically released on 3 December 2010.

    Recent developments

    Recent examination of components removed from the
    failed engine at the Rolls-Royce plc facility in Derby, United
    Kingdom, have identified the presence of fatigue cracking within a
    stub pipe that feeds oil into the High Pressure (HP) / Intermediate
    Pressure (IP) bearing structure. While the analysis of the engine
    failure is ongoing, it has been identified that the leakage of oil
    into the HP/IP bearing structure buffer space (and a subsequent oil
    fire within that area) was central to the engine failure and IP
    turbine disc liberation event.

    Further examination of the cracked area has
    identified the axial misalignment of an area of counter?boring
    within the inner diameter of the stub pipe; the misalignment having
    produced a localised thinning of the pipe wall on one side. The
    area of fatigue cracking was associated with the area of pipe wall
    thinning

    Critical Safety Issue

    Misaligned stub pipe counter-boring is understood to be related
    to the manufacturing process. This condition could lead to an
    elevated risk of fatigue crack initiation and growth, oil leakage
    and potential catastrophic engine failure from a resulting oil
    fire.

    As a result of the identified critical safety issue, the
    Australian Transport Safety Bureau issues the following safety
    recommendation:

    Safety Recommendation AO-2010-089-AR-012

    The Australian Transport Safety Bureau recommends
    that Rolls-Royce plc address the safety issue and take actions
    necessary to ensure the safety of flight operations in transport
    aircraft equipped with Rolls-Royce plc Trent 900 series
    engines.

    Date: 04 Nov 2010 Investigation Status: Active
    Time: 0201 UTC Investigation Type: Occurrence Investigation
    Location: overhead Batam Island, Indonesia Occurrence Type: Powerplant / Propulsion
    State: International Occurrence Class: Mechanical
    Occurrence Category: Serious Incident
    Report Status: Pending Highest Injury Level: None

    Aircraft Details

    Aircraft Manufacturer: Airbus
    Aircraft Model: A380
    Aircraft Registration: VH-OQA
    Serial Number: 0014
    Type of Operation: Air Transport High Capacity
    Damage to Aircraft: Serious
    Departure Point: Singapore
    Destination: Sydney, NSW
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    Air France, Airbus Playing “Hot Potato” with Responsibility

    Air France denies responsibility for the Air France Flight 447 crash, saying that they had raised concerns about the sensors before the crash.

    If they did so, it would seem the memorandum they presented indicates that they were aware of the problem, and therefore responsible. Though Air France “submitted a memorandum to show it had taken ‘all possible precautions” after a series of earlier sensor failures,’ ” it would seem the memorandum would indicate that they were aware of a problem, and should have cancelled flights until the problem was corrected. Certainly passengers were not made aware that there was a potentially serious issue.

    If Airbus had really been concerned, they would have installed the $50,000 backup system used by other carriers in the event of a multiple airspeed sensor failure.

    Watching Air France and Airbus (and Thales) shift blame for the crash back and forth is like watching a child’s game of “hot potato.” When they are finished passing the buck, who ever ends up officially responsible, the victims are still just as dead. Time for someone to “man up.”

    There are rumors that a request will be made to Transport Minister Thierry Mariani to continue the search for the black box. Three earlier searches failed, seeking the Airbus SAS A330, which crashed into the Atlantic on June 1, 2009, en route from Rio de Janeiro to Paris, killing all 228 people aboard. 6,700 square miles was searched for the acoustic pings, but the batteries are now dead, and searches changed to sonar imaging.

    The BEA claims that only the black boxes will tell the truth of what happened but drags its feet in continuing the search. On May 6th 2010, a French deputy minister told the public that the black boxes had been found (meaning, apparently, that their general location had been pinned down.) That report was withdrawn. That fact, combined with the BEA reluctance to continue searching, has led to persistent rumors of a cover-up.

    Private shareholders own 81.4% of Air France, 37% held by former Air France shareholders and 21% held by former KLM shareholders. The Government of France owns 18.6% of Air France—putting the BEA in the awkward position of heading an investigation where it has essentially owes 18.6% responsibility.

    Air France was fined €310 million this month for price fixing. Read about their response to the fine

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    Drunk Delta Pilot Heads to UK Court

    What: Delta Boeing 737 London to Detroit
    Where: London
    When: Nov 1
    Who: 213 passengers plus pilot George LaPerle
    Why: Scotland Yard took Delta pilot George LaPerle from his plane.

    He was so drunk…(how drunk was he? Five times the pilots legal limit, that’s how drunk.) He was so drunk, he thought his Detroit flight was bound for New York. With him at the controls, he wouldn’t have gotten out of Heathrow much less across the Atlantic.

    LaPerle is suspended by Delta and will be going to court in the UK on Nov 16. Let’s hope for his sake he shows up sober, and already on his ten step plan.

    Filing this one under “pilot error.”

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    Fly Air Tatarstan. Standing UP

    What: Tatarstan Airlines en route from Antalya, Turkey to Ekaterinburg, Russia
    Where: aboard the plane
    Why: Instead of the 148-seat Boeing 737 that was booked, they had a 142-seat 737; and 6 passengers were given the choice of waiting for the next flight or flying standing up. During turbulence, the passengers sat on the floor. The airline offered them $200 in compensation. The passengers are asking for $4,700.

    (Can you imagine how much they’d be asking if they were in the US?)

    What is this, a third world country where there are no rules and laws about flight safety? Well, Tatarstan flies out of Kazan, Tatarstan, Russia.

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    FAA Air Traffic Controller Could Not Provide

    FAA air traffic controllers provided the pilot outdated flight visibility information that made navigation difficult for Steven Bunker. Bunker had requested an “airport surveillance radar approach”, a ground-based radar approach. After the FAA air traffic controller told him she could not provide “airport surveillance radar approach” service, the four people in Bunker’s helicopter died.

    On Sept. 27, 2008, the medevac helicopter that crashed in a wooded area of Walker Mill Regional Park: Kenneth Mallard, State police pilot Stephen J. Bunker, Trooper 1st Class Mickey C. Lippy and Ashley J. Younger.

    Jordan Wells who was also aboard, survived.

    Kenneth Mallard was an EMT for the Waldorf Volunteer Rescue Squad. Michael Loyola Rowan, his wife Tanya Mallard’s lawyer, is filing a $7 million federal lawsuit against the FAA for ” not doing everything necessary to ensure a safe landing for the Maryland State Police Trooper 2 helicopter.” Christina P. Lippy has sued for $15 million.

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    Helicopter Lawsuit Filed, $16 Million

    The family of flight paramedic Mickey Lippy is suing the FAA for negligent acts leading up to the crash on September 28, 2008, when Maryland State Police Trooper 2 (Eurocopter AS 365N1 Dauphin, N92MD) disappeared from radar and crashed. TFC Mickey Lippy, was one of the five people aboard. The others were Pilot Stephen Bunker, EMT Tonya Mallard (Waldorf Volunteer Fire Department), and two patients on board, one of whom survived.

    According to the suit, the FAA visibility data was hours out of date, and ATC was unresponsive and inattentive.

    The case seeks 15 million for mental anguish, emotional pain and suffering, loss of companionship and loss of parental care and a separate case is pending for $1 million on behalf of Lippy’s pain and suffering.

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    $1.2 Million Helicopter Settlement

    What: Midwestern Air Services LLC, Robinson R44 II, Raven, four-place, two-bladed, single main rotor, single-engine helicopter en route from Horseshoe Casino Heliport to Kenosha Regional Airport
    Where: Kenosha, Wisconsin
    When: September 21, 2008
    Who: pilot Alan Sapko and passenger Joan Anzalone
    Why: The National Transportation Safety Board ruled pilot error. A judge ruled that the pilot’s estate will pay the heirs of Joan Anzalone 1.2 million.

    The report of the crash states that the helicopter:
    “… was destroyed when it impacted an occupied house and terrain near Kenosha, Wisconsin. A ground fire subsequently occurred. The personal flight was operating under 14 CFR Part 91. Night instrument meteorological conditions prevailed at the time of the accident. No flight plan was on file. The private pilot and a passenger were fatally injured. The five occupants in the house were uninjured. The flight originated from the Horseshoe Casino Heliport (2IG3), near Whiting, Indiana, about 0507, and was destined for the Kenosha Regional Airport (ENW), near Kenosha, Wisconsin, when the accident occurred.

    According to information provided by Horseshoe Casino, the pilot landed at 1907 on September 20, 2008. The pilot and passenger had dinner, they observed a concert, and gambled. The pilot had a glass of wine with his dinner about 1930. About 0139 on September 21, 2008, a beverage confirmed to be a Captain Morgan’s and diet Coke in a short glass was given to the pilot. About 0146, another Captain Morgan’s and diet Coke in a tall glass was given to the pilot. About 0213, the pilot set the first glass down empty. About 0423, the pilot took a drink from the second drink glass. The glass was about half full. The pilot gambled until about 0449 and then he and his passenger departed for 2IG3. The pilot and passenger departed from 2IG3 about 0507.

    A Wisconsin State Patrol Trooper who was outside the weight facility on Interstate 94 at the Illinois and Wisconsin State Line about six miles south of the accident site heard a helicopter heading north at a “very low altitude” and estimated it at 500 feet. He did not see the helicopter or its lights due to the “dense fog.” He stated that the visibility there was about 300 to 500 feet.

    A witness who lived near the accident site gave a statement to the Kenosha Police Department. The witness stated that a low flying helicopter was heard. It circled once then went away and came back. The witness saw an orange flash through the window and heard a “boom.” The witness said the helicopter sounded “really low” and the “engine sounded like it was at low RPMs.”

    A witness from the occupied house on the northwest corner of 97th Avenue and 70th Street that was impacted by the helicopter gave a statement to the police department. The witness, in part, reported:

    My family and I were fast asleep in our residence when I heard and
    felt a loud bang like thunder, and then a cloud of debris came
    [through] our bedroom door. My wife and I were in the southeast
    bedroom. Our two sons were in the northeast bedroom and our
    daughter was the bedroom over the garage. We got our kids and
    [with] the help of our neighbors made it down the stairs and outside.
    None of us were injured. I saw the flames across the street and one
    of our neighbors told me a helicopter hit our house.

    The pilot held a Federal Aviation Administration (FAA) private pilot certificate. He held a FAA third-class medical certificate issued on April 3, 2006, with no limitations. At the time of that medical, he reported 60 hours total flight time to date and 30 hours in the six months prior to that examination. The pilot’s logbook indicated that the pilot had accumulated 329 hours of total flight time. The pilot recorded 37.25 hours of night flight time.

    A certified flight instructor (CFI) that instructed the accident pilot indicated that two previous CFIs had instructed the accident pilot and had endorsed the accident pilot for solo flight training operations. According to the CFI, the two previous CFIs believed that the accident pilot was flying in violation of his solo privileges and the CFIs removed the accident pilot’s solo endorsement. The CFI stated that he had no problems with the accident pilot’s training and solo activities.

    The accident pilot’s medical certificate and student pilot certificate had a solo endorsement with “revoked” written across it.”

    No one in the house was injured.

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    Jet Blue Cautionary Landing in Fort Lauderdale


    Click to view full size photo at Airliners.net
    Contact photographer Frank Robitaille

    What: Jetblue Embraer ERJ-190 en route from Fort Lauderdale to Boston,MA
    Where: Fort Lauderdale on Apr 22nd 2010
    When: Apr 22nd 2010
    Who: 94 passengers and 4 crew
    Why: After takeoff, fumes were detected on board. The flight returned to Fort Lauderdale and made a safe landing. On arrival, some passengers booked on alternative flights; others continued on the same plane a couple of hours later. No details have been released regarding the source of the fumes.

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    Crash au large des Comores, les familles des victimes réclament justice

    Publié le 5 février 2010 par Nabiha Gasmi

    Prises en étau entre le droit européen, comorien, américain et français, et face à des compagnies d’assurances des plus alertes, les suites juridiques du crash de l’air bus A310-300 de la compagnie Yéménia qui s’est échoué au large des Comores le 29 juin dernier , tuant 152 passagers sur les 153 à bord, promettent d’être longues et scabreuses. Demeurant sans indemnités ni explications sur ce funeste vol, à Marseille, les familles de victimes réunies en collectif, n’ont eu d’autre alternative que de faire appel à des magnats du droit, le célèbre cabinet d’avocat américain : Masry & Vititoe.Toutes les infos

    Caught between European, Comoros, American and French legal systems, the families of Yemenia flight 626 are suffering at the mercy of insurance companies, and struggling with the legal consequences of the crash of the Yemenia airlines airbus that crashed on June 29, 2009. After all this time, the families still have no compensation. Demanding explanations, families of victims gathered to appeal for help from the American lawyer Masry & Vititoe in Marseille, this Saturday. Google Translation

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    Cougar Flight 491 Suit Settles

    Sikorsky, Keystone Helicopters and their parent company, United Technologies Corp. have settled in court with the the families of passengers who died on March 12, 2009. In court last July plaintiffs “voluntarily discontinued” the lawsuit to begin negotiations on a possible settlement. That settlement has been resolved, but the details are not public.

    Because pilots believed the Sikorsky met U.S. FAA regulations that the aircraft could operate for 30 minutes after losing oil, they flew toward the shore rather than landing on the water.

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    Drunken United Airlines Pilot Charged

    LONDON–51-year-old pilot Erwin Vermont Washington pleaded guilty today for being above the alcohol limit for flying a plane. United has removed him from duty. He was pulled from London-Chicago Flight 949 (Boeing 767) in November. He scored a 31 micrograms of alcohol per 100 milliliters of breath. The blood test indicated 50 milligrams of alcohol in 100 milliliters of blood. The limit for pilots is 20 milligrams.(for a car it is 80 milligrams.)

    Washington was tried in Uxbridge Magistrates Court near London and has been released on bail. For pilots being over the legal limit for flying, the maximum sentence is two years in jail and a fine.

    Sentencing will be Feb. 5.

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    Dangerous and negligent Use of a Helicopter

    Sean O’Brien of the Island, Ballycumber, Co Offaly, was convicted on ten charges( relating to landing on the roof at the Parkrite Texas Centre, Athlone, Co Westmeath on 7 July 2007 to collect a set of keys) has been given a six month suspended sentence and fined €5,000.

    The most significant charge applied is dangerous and negligent use of a Helicopter.

    Failure to use common sense is not a charge.

    The defendant holds a US pilots’ license but is a man of ‘no means’ who did not own the helicopter and is on disability.

    The judge said, “You are telling me in Florida there are no regulations in relation to landing a helicopter on top of a supermarket?”

    It is illegal under aviation law to land an aircraft of this kind on any elevated helipad in Athlone.

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    Cessna Down in Yaracuy


    Pictured: A Cessna T210F Turbo Centurion landing in Africa
    Click to view full size photo at Airliners.net
    Contact photographer Sven De Bevere

    What: Cessna 210F
    Where: Pueblo Nuevo, municipio Veroes, Yaracuy, Venezuela
    When: Dec 11, 2009
    Who: 4 on board
    Why: Friday, the Cessna had been seen flying low over a clandestine airstrip, allegedly used for drug trafficking. The Yaracuy state Special Action Squad discovered the plane whose identification numbers had been tampered with. The area was cordoned off and a gun battle occurred. Four or five individuals were in the plane, and drums of chemicals which are currently being analyzed.

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    Air West Cargo: Illegal Cargo


    Pictured: Air West Cargo Ilyushin Il-76TD
    Click to view full size photo at Airliners.net
    Contact photographer Alexander Jonsson

    What: Air West Georgia Ilyushin IL-76 en route from Pyongyang North Korea to Colombo Sri Lanka
    Where: Bangkok
    When: Dec 12th
    Who: 5 crew
    Why: When the plane diverted to Bangkok for refueling, 35 tons of weapons (rocket propelled grenades and anti-aircraft Surface to Air Missiles) were discovered on board.

    The crew was detained on charges of arms trafficking.

    The destination could have been anywhere.

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    Hudson Midair Collision Lawsuit

    Five wrongful death lawsuits filed in Newark US District Court over the Hudson River Collision deaths of tourists Fabio Gallazzi, Giacomo Gallazzi, Tiziana Pedroni, Filippo Norelli and Michele Norelli allege the Federal Aviation Administration’s procedures for controlling Hudson River are out dated, and that the Teterboro supervisor was “grossly negligent, reckless and wanton” in leaving work to conduct personal business on government time and failing to monitor flight traffic.

    Pilot Steven Altman, who was flying the piper that collided with the helicopter was named in the suit, as well as Liberty Helicopters Inc. and the Meridian Consulting Corporation Inc. Multiple parties are held responsible.

  • Office of Special Counsel


    OSC Finds Department of Transportation Report on Aviation Safety Disclosure Deficient – Safety Hazards Persist at Newark Airport


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    Captain Indicted on charges of fraud

    (former?) Captain John Kimberling has been charged of being in on a conspiracy to operate the charter service Platinum Jet Management without proper certification.

    Owners are charged with falsifying paperwork falsely representing planes that planes were light so they could skimp on fuel.

    20 people were injured in Teterboro Airport in 2005 when a Canadair CL-600 Challenger, was scheduled to fly to Chicago. Overloaded with cheap fuel, the plane barreled across the six lanes of Route 46, slammed into parked cars and a warehouse.

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    DOT Press Release: Travel Agency Fined

    Office of Public Affairs

    DOT 178-09
    Thursday, November 12, 2009
    Contact: Bill Mosley
    Tel.: (202) 366-4570

    DOT Administrative Law Judge Approves Ultimate Fares Settlement

    The internet travel agency Ultimate Fares has been fined $600,000 and its owner $30,000 for violations of advertising regulations under a settlement approved by a U.S. Department of Transportation Administrative Law Judge (ALJ).

    The fine, which would be the largest ever assessed for advertising violations, will become final in 30 days unless the Department decides to review the action or a petition for review is filed.

    An investigation by the Department’s Aviation Enforcement Office found that Ultimate Fares failed to include the federal excise tax and the service fee it charged to consumers in fares published on its website between March 2008 and September 2009. This violated the Department’s requirement that published airfares must state the full price to be paid including service fees and any ad valorem tax, such as the Federal excise tax, which is assessed as a percentage of the fare. Ultimate Fares continued to omit the tax from its stated fares even after the Enforcement Office began its investigation, according to the consent order issued by ALJ Richard C. Goodwin. Ultimate Fares also failed to disclose which flights were being operated on a code-share basis as required by the Department’s rules.

    In addition to the $30,000 penalty assessed against Ultimate Fares’ owner Roni Herskovitz, he also will be barred from any involvement in the online air travel agency business for 12 months.

    The consent order and other documents in the case are available on the Internet at www.regulations.gov, docket DOT-OST-2009-0002.

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    Could it be Pilot Error in Yemenia Case?

    I am not an attorney, however, I have a lot of experience with aviation crashes. I am watching the investigation here with great interest. I am a consultant/advisor/strategist to the U.S. law firm working this case with a French attorney firm. In terms of the investigation, relatively speaking (in terms of the length of time that is normally spent on crash investigations), it is still early days, and in my opinion, things could still go in another direction or many directions.

    If preliminary investigations about the Yemenia crash head where they appear to be heading, then a primary cause of the crash is pilot error. Yes, weather may have been a factor, but the stress of dealing with the weather appears to have unnerved the pilots to the point where they botched landing the Airbus A310 on June 30 of this year, in the Comoros. It looks to investigators as if the pilots lost their orientation.

    The flight data recorders have been recovered for this flight, but it is reported that there is a problem extracting the information. Bad weather and the primitive airport only seem to have exacerbated the main issue, which seems to have been pilot error, at least according to the initial investigation.

    Investigators looking in detail at what happened that night at the Moroni Airport say that pilots failed to correctly line up the plane with the runway while being buffeted by storm winds, that the pilots lost control.

    Investigators believe that the pilots became confused, lost sight of the horizon and failed to regain altitude.

    If the cause is found to be pilot error, it could be good for the families who are awaiting compensation from the operator Yemenia Airlines.

    Lawyers tell me that pilot error raises the maximum limits set out by International Aviation law (Warsaw) in this particular case and that (raising maximum limits), in my opinion, is good for the families of victims. The biggest tragedy is that no amount of money will bring back the loved ones who perished in this crash, but the push should be on to maximize the value of the human lives lost. With pilot error now in the picture, the limits of Warsaw in so far as Yemenia are concerned will be set aside as the attorneys for the victims work out each individual claim. Families have the right to maximize the value of the case. Even after the case is won, the loved ones will still be lost.

    But let’s not just beat up the pilots. Look what they have to work with. If we look back at the A-310’s history, it does not appear to be the world’s best designed aircraft. Take, for example, the rudders. Many Airbus passenger jets are made of composite plastic that appears dangerously prone to disintegration. In March 2005, after taking off from Varadero, Cuba, the rudder came apart on a Canadian A310 airliner. The NTSB has raised questions about maximum capabilities, or “limit load” of Airbus series 300 rudders.

    However, in the Yemenia crash, Investigators are looking at the cockpit for answers. The crew tried to react, but with the stress factors of the weather, pilots appear to have made various incorrect adjustments to the flight controls that investigators believe complicated their problems.

    Families should not stop with only the operator YEMENIA Airline. Every factor should be considered, eventually. Families should find all possible defendants that could have contributed to the accident. Lost family members deserve it. An expert aviation attorney will do this on behalf of the family. An expert aviation attorney runs his own investigation, and does not fully depend on the official investigation. An expert aviation attorney will leave no stone unturned on the client’s behalf.

    In fact, in my opinion, the case may eventually go in to investigating the mechanisms and technology, especially given airbus history. A good investigation pursues all avenues, and as I already stated, it is still relatively early in the investigation. We must keep an open mind because there is no telling at this point whether investigations (both the official ones and the attorneys’ behind the scenes investigations) will turn up failed components, which would result in additional defendants, and more filings in the most appropriate available forum. However, the immediate focus is the push to bring Yemenia Airlines to the negotiating table (either amicably or through the French courts.) The groundwork is already being laid to expedite the process of individual evaluation of each claim.

    The families should know they aren’t in this alone; they can be wise and thoughtful about making the choice. In my opinion, they should not hire hire just any lawyer, nor the first lawyer to file a case. For more about hiring an aviation experienced lawyer, follow this link.