In aviation, there are certain situations for which no one really prepares students. An accident or incident in an airplane is one of those situations. We are taught how to avoid them, but we never really discuss what to do if it happens to you.
For example, at the end of a long flight, you attempt a landing in a gusty crosswind. Instead of touching down smoothly on the upwind wheel, however, you botch the flare and end up in the grass with a damaged wheel fairing and dents in the aircraft skin. What should you do? Do you need to notify the FAA? What about moving the airplane? Are you allowed to get it towed before an inspector takes a look? Will this affect your flying future?
First things first: Take care of what’s important. In case that’s not immediately obvious, the most important thing is you and your passengers. If you are injured, seek medical attention before you even begin to worry about the airplane. If you are not injured, send up a great big prayer of thanks, and be glad you get to worry about the things you are worrying about now, such as how to handle the aircraft or notify the authorities. Don’t worry about your flying future. Remember that pilots are human and we all make mistakes. The important thing is to honestly assess how you could have done things differently and use that information to make yourself a safer, wiser pilot.
As far as deciding what to do next, the answer hinges on exactly what happened. As defined by 49 CFR Part 830, often included as the NTSB section of the Federal Aviation Regulations/Aeronautical Information Manual, aircraft accidents and specific serious incidents require immediate notification to the NTSB. Those serious incidents include flight control system malfunction or failure; inability of any required flight crewmember to perform normal flight duties as a result of injury or illness; in-flight fire; aircraft collision in flight; damage to property, other than the aircraft, estimated to exceed $25,000 for repair (including materials and labor) or fair market value in case of a total loss, whichever is less; release of a propeller blade, except when caused solely by ground contact; and several more itemized occurrences. See NTSB 830.5 for the full list and further details.
Most of that is pretty straightforward, except that it still doesn’t tell us exactly what the NTSB considers to be an accident. For that, you have to flip back to the definitions section of Part 830, which states that an “aircraft accident means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives substantial damage.” Hang in there. We’ve almost arrived at an answer.
The two seemingly ambiguous terms in the definition of accident are “serious injury” and “substantial damage.” Part 830 lists specific criteria for serious injury (see “Know the Lingo,” p. 41.) What exactly constitutes substantial damage to the aircraft, according to the NTSB? Again, Part 830 has a definition that is less than clear. Perhaps it is easiest to understand the list of what is not classified as substantial damage: engine failure or damage limited to an engine if only one engine fails or is damaged; bent fairings or cowling; dented skin; small puncture holes in the skin or fabric; ground damage to rotor or propeller blades; and damage to landing gear, wheels, tires, flaps, engine accessories, brakes, or wing tips. With the exception of those items, any damage or failure that adversely affects the structural strength, performance, or flight characteristics of the aircraft and normally would require major repair or replacement of the affected component is defined to be substantial damage.
So, if—based on the above definitions—you have had an official accident or other incident that is required to be reported, then you must do so. But be careful how you make the report. Do it the wrong way and you have just expanded your accident headache to migraine level. First, remember that in most instances you are only required to make the report to the NTSB, not the FAA. They are two separate entities with two separate jobs to do. The NTSB determines probable causes of accidents in an effort to make sure we do not repeat costly mistakes. The FAA, however, is responsible for enforcement action against pilots who break the regulations or demonstrate a lack of qualification.
Think of this as that time in high school when you weren’t paying attention and you backed your car into the mailbox. Whom did you call, your parents or the police? You called your parents, of course. If you had called the police, they might have issued you a citation. In reality, the police and the FAA should have more than enough to do without being notified every time someone runs off the road or the runway. If the FAA would like more information about the accident, the agency will request a report, in which case it would be highly advisable to seek the legal counsel of an aviation attorney before you respond. Anything you say indicating you may have violated an FAR, however honest and well-intentioned, may be used against you in an enforcement case.
With regard to the NTSB notification required above, you must do so “by the most expeditious means available” to the nearest NTSB field office. In the event of an accident, you are required to follow up that initial notification with a completed accident report form within 10 days. After any other reportable serious incident, a completed accident report form is required only upon request of an authorized representative of the NTSB. Again, discretion would be advisable here. Answer the questions honestly, but only the questions you are asked. Volunteering extra information could be asking for trouble. Don’t hesitate to consult with an attorney.
As far as moving the aircraft or having it towed, if you have had an accident or officially reportable incident, CFR 830.10 states that you must not disturb or move the wreckage except for three specific reasons: as necessary to remove persons injured or trapped, to protect the wreckage from further damage, or to protect the public from injury. So unless one of those reasons applies to you, leave the airplane where it is until you get the go-ahead from an NTSB inspector.
Many of you are familiar with NASA’s Aviation Safety Reporting System (http://asrs.arc.nasa.gov/). This system was designed to gather information from pilots and use it to enhance industry safety. If you file the report within 10 days, you are granted immunity from enforcement action by the FAA, provided your violation was inadvertent, it did not disclose a “lack of qualification,” it did not involve a criminal offense, and it did not involve an accident. The ASRS website advises you not to file reports of accidents because the report will be forwarded, without de-identification, to the FAA. (One additional caveat to keep in mind: The immunity feature does not apply if the pilot has been found guilty of a violation of the FARs or the Federal Aviation Act during the last five years. Not something most pilots have to worry about!)
In the overwhelmingly stressful situation that is an accident, it would be understandable if you forgot everything you have read here. That’s all right. Just remember, before you do anything—other than take care of yourself—to consult 49 CFR Part 830. In comparison to the rest of the regulations, the NTSB section is mercifully short, only four pages long. That’s a great thing for someone who is having a very bad day and needs to get right to the point. If you have had an officially reportable accident or incident, there is no need to discuss it with everyone you meet. Instead, notify the NTSB and consult an attorney. If the severity of your situation does not merit those actions, then thank your lucky stars, learn from your mistakes, and go get your airplane repaired so you can get back in the air.
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