As was reported on Aero News Network on September 11, a Cirrus flying for BlueSky Taxi was involved in a fatal accident in Wisconsin. The accident occurred at night as the aircraft was on approach to Lakeland Airport. The names of the passengers have been released as well as that of the pilot who according to press reports had received his commercial license about three months prior to the accident. Additional news of the accident was reported in the Lakeland Times. I discussed Blue Sky over a month ago here as a Chicago based SR-22 air taxi business. As far as I know, this is the first Cirrus SR-22 fatality accident involving a single piloted air taxi aircraft.
As with any accident, any opinions at this early stage about the accident's cause would be inappropriate, premature and purely speculation. But, here's what the NTSB Preliminary Report states:
"On September 11, 2008, at 1915 central daylight time, a Cirrus Design Corp. SR22, N193BS, received substantial damage on impact with terrain during a BlueSky Taxi LLC, flight (transportation was provided by Midwest Air Transport, Inc.). The airplane impacted terrain during a nonprecision instrument approach to runway 36 at Lakeland Airport/Noble F. Lee Memorial Field (ARV), Minocqua-Woodruff, Wisconsin. Instrument meteorological conditions prevailed at the time of the accident. The 14 CFR Part 135 on-demand passenger flight was operating on an instrument flight rules flight plan. The commercial pilot and two passengers received fatal injuries. The flight last departed from General Mitchell International Airport, Milwaukee, Wisconsin, and was en route to ARV.The airplane wreckage was located about 1/2 mile southwest of approach end of runway 36 and was orientated on a tail to nose heading of about 225 degrees."
One can be sure that there will be scrutiny by the NTSB and FAA related to the air taxi operation itself as is always the case with a Part 135 accident. BlueSky's website indicates that it's "transportation [was] provided by Midwest Air Transport, Inc. Cert.# MVWA409K," so there will also be an examination of operational control factors. The air taxi industry will also get some visibility as perhaps will single piloted operations.
Including this past week's LearJet accident in Columbia, SC, this is the third Part 135 accident this month. On the 15th, another fatality accident involving a single piloted Part 135 operated aircraft occurred in Mexico. The NTSB Factual Report states:
"On September 15, 2008, approximately 1318 central daylight time, a United States registered Cessna 421B, N7560Q, was substantially damaged after it collided with mountainous terrain approximately 28 miles northwest of Ojinaga, Mexico, near the border town of Presidio, Texas. The air transport rated pilot and the three passengers were fatally injured. The airplane was registered to EAC Parts LLC, Springfield, Ohio, and operated by Volare Air Charter, El Paso, Texas. The pilot contacted the Fort Worth Automated Flight Service Station (AFSS), Fort Worth, Texas, at 1016, approximately 15 minutes after he departed El Paso International Airport, El Paso, Texas, and filed a visual flight rules flight plan to Presidio, Texas. The pilot informed an AFSS specialist that he intended to enter Mexican airspace for the purpose of flying over the Luis Leon Dam, but had no intentions of landing in Mexico. The pilot did not request a weather briefing for the flight conducted under 14 Code of Federal Regulations Part 135; however, he was informed by the specialist that visual flight rules were not recommended due to mountain obscuration. "
At the beginning of this year at the Legal Panel Workshop that I led at the International Air Taxi Convention, one of the most experienced aviation accident defense lawyers , Mark Dombroff, discussed the "what ifs" of air taxi accidents and incidents. What if it happens at your company? His discussion was entitled "Air Taxi Down." If you are an operator, I would highly encourage you to watch the video segments of Mark's presentation posted courtesy of MIU Events. It's fairly sobering, but an excellent presentation. A subject matter that no operator cares to think about, but one that every operator should.
All Part 135 air taxi operators should have a comprehensive Mishap Plan. Here are some of the questions an operator should be able to answer:
- Do you really know what you would do when you get the call, in the first 10 minutes, one hour, 12 hours and 24 hours?
- Do you know who to call?
- Do you have home, work and cell numbers and know the name of the assistant who might answer the phone?
- Do you have prepared media statements that have been screened by legal counsel?
- Have you asked your insurer who your legal counsel would be and do you agree with your insurer's choice for counsel?
- Does that attorney practice aviation law?
- Will you have a separate legal counsel to assist with the NTSB investigation?
- When is the last time that you conducted a real, meaningful "table top" accident drill with all senior management participating?
- Have you recently audited your maintenance, training and pilot records or had a third party do that for you?
- Do you know what the NTSB can demand from you?
- Do you know what to say to and do for families of the deceased which might include your employees?
- Have you reviewed the various factors related to operational control?
These are all important questions that any air taxi company should be able to answer without hesitation. When the accident occurs, it's pretty numbing. It impacts your business and your colleagues. By then, if you can't answer these questions, you're way behind the power curve. Advance training and preparation are extremely important for accident and incident response.
In 2004, I defended a Part 135 medical operation which had a phenomenal accident free history of many, many years. However, in a period of less than 15 months, they experienced 3 major accidents across the country with multiple fatalities including the one I worked on in which all 3 crew members and the passenger deceased. This company never thought it would happen to them, but they were prepared. And the fact that they were prepared and ran an incredible operation allowed them to continue to fly and survive the investigation and the litigation that lasted over a year.
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