AircraftOwner Online

   Although each of us knows that he or she is the world’s best pilot, sooner or later, most of us will have some sort of incident or accident that needs to be reported. The first questions that need to be asked is, “Does this have to be reported to anyone?” “To whom do I report this?” “When do I have to report this?” And, “What, exactly, must be in the report?”

    The legal answers to all of these questions can be found in NTSB Part 830. For aircraft less than 12,500 pounds maximum certificated takeoff weight, the ONLY times that a report must be filed are when:

1. There is an aircraft ACCIDENT (more on this later)

2. Any required FLIGHT CREW member is unable to perform normal flight duties as a result of injury or illness

3. A flight control system malfunctions or fails

4. A structural component of a TURBINE engine (OTHER THAN the compressor, turbine blades or vanes) fails

5. In-flight fire

6. Aircraft collide in flight

7. There is damage to property (OTHER THAN THE AIRCRAFT ITSELF) estimated to exceed $25,000.00 for repair (including materials and labor) or fair market value in the event of total loss, whichever is more.

 If what happened to you doesn’t fall within these 7 areas, you are NOT legally required to report the event to the NTSB (there may, however, be requirements to cooperate with local law enforcement which may vary from state to state, or to fill out a report with the local airport authority).

    For NTSB purposes, an “ACCIDENT” means an “occurrence associated with the operation of an aircraft, 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.”

    The term “DEATH” includes injuries which result in death within 30 days after the accident.

    The term “SERIOUS INJURY” means an injury which: 1) requires hospitalization for more than 48 hours, commencing within 7 days from the date of the injury; 2) results in fractures of any bone (except simple fractures of fingers, toes or nose); 3) causes severe hemorrhages, nerve, muscle, or tendon damage; 4) involves any internal organ; or 5) involves second or third-degree burns, or any burns affecting more than 5 percent of the body surface.

    The term, “SUBSTANTIAL DAMAGE” means “damage or failure which would normally require MAJOR repair or replacement of the affected component. But, TAKE NOTE, “engine failure limited to an engine if only one engine fails or is damaged, bent fairings or cowling, dented skin, small punctured 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 wingtips” are NOT considered “substantial damage” for the purpose of the reporting requirements.

    Most gear-up landings are NOT reportable, even though there is usually damage to flaps, the belly skin and the prop(s). Even an engine failure resulting in a forced off-airport landing with minor skin damage need not be reported.

    The NTSB form itself requires only that you tell the NTSB very basic information, as well as “a description of any explosives, radioactive materials, or other dangerous articles carried.” Most of the information required by the form itself is not incriminating or likely to result in civil liability. Nevertheless, it is generally good advice to be as brief and factual as you can, without any additional, unrequested explanations, while still answering the questions truthfully.

    The “OPERATOR” of the aircraft is the individual required to make the report. The report is to be made on the specified form (NTSB Form 6120.1), and must be made to the field office of the NTSB nearest to the site of the occurrence. One section of the rule requires that the report be made IMMEDIATELY, and by the most expeditious means available.” Another section of the rule says that the report must be filed “within 10 days after an accident.”

    As a required attachment to the report, “each crewmember, if physically able at the time the report is submitted, shall attach a statement setting forth the facts, conditions, and circumstances relating to the accident or incident as they appear to him. If the crewmember is incapacitated, he shall submit the statement as soon as he is physically able.”

    Many aircraft accidents which result in injuries become the subject of FAA enforcement actions and lawsuits. Therefore, IT IS IMPORTANT NOT TO MAKE A CREWMEMBER STATEMENT UNTIL YOU ARE THINKING CLEARLY. Immediately after a reportable event, you are going to be in shock, either due to emotional stress, physical injury, or both. Once all passengers and crew are accounted for and provided with aid; all cargo that could cause a hazard has been secured; any valuables have been secured; and the wreckage placed in the hands of the first responders, the crew should take advantage of the “physically able” language to decline to give comments until they are no longer in shock.

    Pilots tend to be our own worst enemies. When something goes wrong, we tend to blame ourselves, even if we were not at fault. We all know that, as Pilot-In-Command, we are ultimately responsible for the safe operation of the aircraft. Simply because we may ultimately have to be responsible, does NOT mean that we did something wrong to cause the accident. If you are involved in an accident, have a friend call an aviation attorney for you. The attorney will probably ask you to collect your thoughts in writing as best you can. Those thoughts will be privileged and need not be disclosed to anyone other than the attorney. If you give your first thoughts to the FAA or the NTSB while you are still in shock, there is no privilege which will prevent your statement from being used against you in the future.