Even the most judicious pilot can have an accident or incident involving an airplane. “It’s not that unusual to have a ground mishap—a hard landing, a taxi incident, a mechanic drops a tool, hangar rash. Or, your aircraft can have a mechanical malfunction. These may have little or nothing to do with your skill in operation of an aircraft. Still, they could fall under the category of accidents triggering legal obligations to report the matter to the proper authorities,” says AOPA Legal Counsel Kathy Yodice.
Many pilots don’t know that any reportable accident or incident is made to the National Transportation Safety Board (NTSB), not the FAA. “That is so often misunderstood. Pilots call the FAA, but that’s wrong, and making the wrong call could unnecessarily cause you more trouble. Generally, you have no reporting obligation to the FAA—unless ATC gave you priority handling or you declared an emergency—but a written report by the pilot and/or the operator of the aircraft may be required to the NTSB.”
Yodice says that “accident” is narrowly defined in the NTSB’s rules. An accident includes any death, a serious injury which is defined in the regulations, or substantial damage to the aircraft, which also is defined. When in doubt, seek competent assistance to help determine what does, and does not, need to be reported.
Here’s where it gets tricky, though. Since the NTSB is a relatively small organization, and the FAA is a large one, the NTSB often will delegate investigation to an FAA representative. That person is acting on behalf of the NTSB, but actually works for the FAA. So a pilot could be talking to someone with the authority to suspend his or her license. Yodice says, “There’s much debate about this, but it can be difficult for a member who could inadvertently say the wrong thing to an investigator, who may then use it against you. You need to understand who you are speaking to, or otherwise you could get into an unnecessary enforcement action.”
The AOPA Legal Services Plan can be invaluable. One call can put you in touch with an experienced aviation counselor who can guide you step by step through the reporting process. Enroll in AOPA’s Legal Services Plan online or call 800/USA-AOPA (800-872-2672).
Related Articles
