|
Thursday, 10 April 2008 |
|
By James Crouse, Esq.
The recent reports of coziness between the Federal Aviation Administration (FAA) and the airlines is nothing new to those of us in aviation. These reports have existed for years, and it is time that Congress and its investigative arms, such as the Government Accountability Office (GAO), do a thorough job of seeing if, and to what extent, these allegations are true. But this should only be the start of a wholesale review of the way aviation regulations and safety are handled in this country.
|

|
One of the other problem areas is the self-regulation of aircraft manufacturers through two legal methods: the Designated Engineering Representative (DER) and the Delegation Option Authority (DOA). The first allows employees on the payroll of the manufacturer to approve, on behalf of the FAA, design changes. Twenty years ago a faulty modification to a helicopter gear box was rushed through by the manufacturer under this scheme, which resulted in the world’s largest civilian helicopter disaster – more than 30 people were killed.
Recently, a military aircraft involved in a fatal crash was modified under the DOA program, and the design changes made to the aircraft were certified by the aircraft manufacturer’s employees as meeting the standards set forth in Federal Aviation Regulations (FARs). The paperwork went into the commercial company’s “Record of Compliance” file. No one from the FAA ever saw the paperwork, as it was not required under the DOA program that anyone from the FAA review the changes that resulted in the designation of an entire new aircraft model. The changes are believed to have caused the fatal crash.
But that’s not all. The country’s sole accident investigative body, the National Transportation Safety Board (NTSB), is woefully under-funded and under-staffed. It has to fight annually just to maintain its budget at last year’s level, which means ever-decreasing resources o investigate accidents. Further, because the NTSB does not have the in-house expertise to know all of the components of all aircraft, it relies upon employees of the aircraft manufacturers to assist in its investigation. This arrangement will always be necessary to some degree, but with decreasing resources the danger is great that the manufacturer’s fox is getting ever closer to the accident investigator’s hen house. |
|
James Crouse |
Just throwing money at these problems will not solve hem. We need a deep and wide review of these and other policies in the aviation safety area. In the end, however, the adage is true – we get the level of aviation safety for which we are willing to pay, and for which we are willing to settle.
(James Crouse is a helicopter plaintiff’s attorney with Nolan Law Group. He maintains a blog at http://aviationaccidentlitigators.clarislaw.com and his e-mail is
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
) |
|
Last Updated ( Wednesday, 11 June 2008 )
|