Regional Air Crash Inspires New Aviation Safety Legislation

On February 12, 2009, a fatal regional airplane crash near Buffalo, New York, killed 50 people. During the probe into the deadly crash, investigators have so far found evidence that pilot fatigue and pilot error played a role. The tragic crash of Continental Connection Flight 3407 in Clarence Center has now come under intense scrutiny, highlighting the importance of regional aviation safety and the need for better training and stricter regulation of pilots, particularly those flying regional and commuter routes.

The investigations into the pilots flying the doomed Continental Connection flight found that the captain had lied in his job application to Colgan Air, a subsidiary of Pinnacle Airlines, Corp., and the operator of the ill-fated flight, about his failed check rides. He only reported one of three failed FAA (Federal Aviation Administration) check rides in his application. Investigators also discovered that the co-pilot had flight-hopped across the country from Seattle where she lived with International Lawyer Network her parents to Newark, her home base, in the early morning hours before the flight. According to officials, she had told a Fed-Ex flight crew that the Colgan pilot lounge at the Newark airport had “a couch with her name on it.” Investigators surmised that the young co-pilot could not afford to live in the New York area on her low starting pilot’s salary.

After reviewing tapes and records of the flight, investigators believe that the pilots made critical mistakes in the moments leading up to the crash that violated protocol and contributed to the fatal crash of the Buffalo flight.

New Bill Creates High Hopes for Aviation Safety

In late July, both the House and Senate introduced independent legislation as a result of the Flight 3407 crash. The House Transportation and Infrastructure Committee introduced the “Airline Safety and Pilot Training Improvement Act of 2009” which would strengthen the FAA’s safety programs and reform the aviation industry by improving pilot training and inter-carrier accountability, mentoring and aviation safety-related practices. The legislation also has an aim to reduce pilot fatigue and make pilot records more accessible.

Among other things, the House bill considerably increases the flight hours required for an airline transport pilot license (from 250 to 1500 hours), mandates training on stalls and stall recovery, requires pilot mentorship programs, demands comprehensive pre-employment screening by airlines and calls for the maintenance of a pilot records database to provide airlines with easy access to a pilot’s entire flight record.
Additionally, the bill mandates that the FAA create a new “pilot flight and duty time rule” and plans to monitor fatigue risk in pilots. The bill requires air carriers to create fatigue risk management systems. Regional airlines, which have been accused of using less rigorous safety and hiring standards than national carriers, face the potential for stricter safety inspection standards under the bill: the bill requires the Inspector General to report back on whether regional carrier safety inspectors have adequate experience to ensure passenger safety on regional flights.

The Senate Commerce Committee also approved a similar bill titled “The Federal Aviation Administration Air Transportation Modernization and Safety Improvement Act.” The bill will reauthorize FAA operations for the next two years and requests an independent scientific study on┬ápilot fatigue. The findings of this study will then have to be included in the FAA’s upcoming flight-time and duty-time rules for pilots.

The Senate bill has been delayed by the current Health Care debate, but will soon be moved to the senate floor for a vote. A conference committee will then merge the House and Senate bills before a final bill is considered by both houses.

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