When you are faced with legal issues arising out of a mass transit accident, such as a train collision, an attorney who has regularly advised and represented clients in such matters can help you achieve a timely resolution. To learn more about our legal services, contact the firm to schedule a consultation and case evaluation with an experienced attorney.
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Federal Aviation Investigations and Regulations
The National Transportation Safety Board is responsible for investigating all civil aviation accidents that occur in the United States. The Federal Aviation Administration has primary responsibility for aviation safety. An experienced aviation lawyer at Clancy Law in Saint Charles, IL can answer any questions you have about the responsibilities and duties of the National Transportation Safety Board or Federal Aviation Administration.
National Transportation Safety Board
The National Transportation Safety Board (NTSB) is the federal agency that is responsible for investigating every civil aviation accident in the US. Title 49 of the US Code, Chapter 11 gives the NTSB its authority. With the appropriate military authorities, it also investigates accidents involving both civil and military aircraft. The NTSB tries to determine the "probable cause" of the accident. The NTSB has investigated more than 124,000 aviation accidents since its formation in 1967. See http://www.ntsb.gov/Abt_NTSB/history.htm.
The NTSB can do anything necessary to conduct an investigation, including enter any property where an aviation accident took place or where there is wreckage, interview witnesses and order autopsies of anyone who died in the accident. An investigator-in-charge manages the field phase of the investigation. Any civil aircraft or parts must be preserved. Generally, information related to the NTSB investigation is available to the public. However, cockpit voice recordings, trade secrets and information relating to foreign investigations are generally not accessible by the public.
Along with its investigatory responsibilities, the NTSB has other functions. First, the NTSB has appellate review of FAA enforcement actions against airmen, air carrier certificate holders, aircraft mechanics, repair stations, flight schools, medical certificates and all other holders of an FAA license or certificate. 49 U.S.C. § 1133. Next, the NTSB can submit recommendations about transportation safety to the Secretary of Transportation. After an aviation accident in the US involving a US-certified or foreign air carrier, the NTSB has the responsibility for designating and publicizing the contact information for a director of family support services who will act as a point of contact for families of passengers involved in the accident. 49 U.S.C. § 1136(a).
Federal Aviation Administration
The Federal Aviation Administration (FAA) is part of the Department of Transportation. The FAA issues Federal Aviation Regulations (FAR), Advisory Circulars and Airworthiness Directives on a wide variety of topics affecting air carriers and operators, pilots, air traffic and aircraft. The FAA has several functions:
- Issuance and enforcement of safety regulations and minimum standards for manufacturing, operating and maintaining aircraft
- Certification of airmen and airports
- Operation of airport towers, air route traffic control centers and flight service stations
- Oversight of air traffic, allocation of airspace and drafting of air traffic rules
- Maintenance and operation of visual and electronic aids for air navigation
- Promotion of aviation safety abroad
- Regulation of US commercial space transportation industry
- Research, engineering and development of procedures for safer air navigation and air traffic control
- Administration of an aviation insurance program
- Registration of aircraft
See http://www.faa.gov/about/mission/activities/.
FAA Investigations: Because of the NTSB's limited resources, it can request that the Secretary of Transportation investigate certain accidents. The FAA is tasked with investigating the facts and circumstances of certain fixed-wing and rotor-craft accidents and submitting a report to the NTSB. 49 CFR § 800(a). Pursuant to FAA Order 8020.11B, the FAA has the power to conduct its own accident investigations to determine whether:
- Performance of FAA functions was a factor
- Performance of non-FAA operated air traffic control facilities was a factor
- Airworthiness of FAA-certificated aircraft was a factor
- Competency of FAA-certificated airmen, air carriers or commercial operators was involved
- Federal Aviation Regulations (FAR) were sufficient
- Airport certification safety standards were involved
- Airport security standards were involved
- Airman medical qualifications were involved
- There was a violation of FAR
Conclusion
The FAA touches all aspects of air travel and the regulations can be confusing. If you have questions about the FAA or role of the NTSB in investigating crashes, talk to an experienced attorney at Clancy Law in Saint Charles, IL.
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