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21 Preventive L. Rep. 6 (2002-2003)
FAA Measures to Prevent Night Time Flying Accidents

handle is hein.journals/prevlr21 and id is 30 raw text is: FAA MEASURES TO PREVENT NIGHT TIME FLYING ACCIDENTS by Cory Tipton* INTRODUCTION Over the last few years, there have been an increasing number of lawsuits stemming from aircraft operations throughout the United States. Our avi- ation administrative agencies and reg- ulatory bodies are looking at ways to prevent accidents, and thus elimi- nate the law suits that accompany them. While their intent is good, it is important for regulators to be mind- ful of pilots' rights provided by both their pilot certificates and administra- tive agencies. This article will examine the meas- ures the Federal Aviation Administra- tion (FAA) is considering to prevent nighttime accidents. Additionally, fac- tors the FAA has failed to consider in revising the existing regulations will be discussed. Finally, the article will look at prudent measures suggested by Na- tional Transportation Safety Board (NTSB) to reduce the number of night- time accidents. CURRENT FAA REGUIATIONS AND CONSIDERED CHANGES At the end of 2001, there were over 625,000 licensed pilots throughout the United States' and over 42,500,000 general aviation operations at con- trolled airports were reported.' The number of reported general aviation operations does not include the mil- lions of operations each year that are made by general aviation aircraft at un- controlled airports. During the ap- proximately 42,500,000 controlled air- port operations in 2001, 953 accidents were recorded.' The number of night- time aviation accidents is only slightly disproportionate to the number of an- nually recorded accidents, as roughly one-tenth of all general aviation acci- dents occur at night, while less than 10 percent of the flying is done after dark. The FAA currently defines night as the time between the end of evening civil twilight and the beginning of morning civil twilight, converted to local time.' Generally speaking, a pilot may fly night or day wherever they want so long as they do not fly into restricted areas.' In light of the March 29, 2001 crash of a Gulfstream III aircraft near the Aspen, Colorado airport, the NTSB is considering whether the FAA's definition of night adequately describes dark conditions in mountainous areas. In addition to the FAA's definition of night, the agency's definition of the two different types of flying permitted in United States airspace; Visual Flight Rules (VFR) or Instrument Flight Rules (IFR) must be considered. Under VFR a pilot may fly during the day or night, under their own control, with refer- ence to the terrain and/or their instru- ments, so long as they are within the weather minimums set forth in the Federal Aviation Regulations (FAR).3 VFR pilots are not required to remain under the positive control or guidance of an FAA air controller, but must ordi- narily maintain visual contact with the ground and obstructions to flight. On the other hand, when flying under IFR, the aircraft is always under the positive control of a controller, and the pilot is dependent on their instruments regardless of whether it is day or night or the weather conditions. In addi- tion, under IFR a pilot must remain on airways designated solely for IFR flight. It is important to note that more training and a more advanced FAA rating are required in order to legally fly under IFR. The differences between VFR and IFR may have some influence on po- tential changes to the administrative agency's regulations redefinition of night. The FAA's initial suggestion, made following the Gulfstream acci- dent in Colorado was to change the night flight requirements. If the agency changed those requirements, only IFR rated pilots would be permit- ted to fly at night. The rationale be- hind this change in the rule is that pi- lots with limited experience and lim- ited aircraft would be protected. It has been argued that merely changing the definition of night is not enough, and instead the actual requirements for flying at night should be changed. The proposals made by the FAA overlooks a funda- mental fact of nighttime accidents, that many take place in mountainous regions and involve IFR aircraft and pilots. It is imperative the FAA con- sider that night safety is about more than just changing the regulations to allow only IFR pilots the freedom to fly at night. FACTORS THlE FAA SHOULD ALSO CONSIDER The Gulfstream III accident is just one example of the numerous night- time accidents, in mountainous terrain, * PREVENTIVE LAW REPORTER * PREVENTIVE LAW REPORTER * PREVENTIVE LAW REPORTER * PREVENTIVE LAW REPORTER * PREVENTIVE LAW REPORTER * PREVENTIVE LAW' REPORTER'* 6

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