April - EAA Chapter 235

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Volume 4 Issue 2
Chapter 235
Wabash Cannon Ball
Accident, Incident or Neither? ...
Inside this issue:
Meeting Minutes
2
Meeting Minutes
3
Meeting Minutes
4
Meeting Minutes
5
Although the terms “accident” and “incident” have commonly understood meanings, for
purposes of this rule you must understand the meanings defined in Part 830.2 in order to
determine whether you are dealing with an accident, a reportable incident, or neither. Under
the Rule, an “Accident” is “an occurrence associated with the operation of an aircraft which
takes place 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.” Although “death” is easily understood,
the rule provides specific definitions for the terms “serious injury” and “substantial damage”. A “serious injury” is defined as “any injury which: (1) Requires hospitalization for
more than 48 hours, commencing within 7 days from the date of the injury was received; (2)
results in a fracture 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.”
"Substantial damage means damage or failure which adversely affects the structural
strength, performance, or flight characteristics of the aircraft, and which would normally
require major repair or replacement of the affected component." Substantial damage does
not include: engine failure or damage 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./1/
Reminders
 Submit your favorite
place to fly to eat!
 Submit a story about
your aviation adventures
An “incident” is defined as “an occurrence other than an accident, associated with the operation of an aircraft, which affects or could affect the safety of operations.” You do not need
to report an incident involving a small aircraft except when it involves: 1) Flight control
system malfunction or failure; (2) Inability of any required flight crewmember to perform
normal flight duties as a result of injury or illness; (3) Failure of structural components of a
turbine engine excluding compressor and turbine blades and vanes; (4) In-flight fire; or (5)
Aircraft collide in flight; (6) Damage to property, other than the aircraft, estimated to exceed $25,000 for repair (including materials and labor) or fair market value in the event of
total loss, whichever is less./2/
Incidents involving large, multiengine aircraft (more than 12,500 pounds maximum certificated takeoff weight) must be reported if they involve: (1) In-flight failure of electrical systems which requires the sustained use of an emergency bus powered by a back-up source
such as a battery, auxiliary power unit, or air-driven generator to retain flight control or essential instruments; (2) In-flight failure of hydraulic systems that results in sustained reliance
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Wabash Ca nnon Ball
Volume 4 Issue 2
Accident, Incident or Neither? …
on the sole remaining hydraulic or mechanical system for movement of flight control
surfaces; (3) Sustained loss of the power or thrust produced by two or more engines;
and (4) An evacuation of an aircraft in which an emergency egress system is utilized
Meeting Minutes...
** Minutes are from March meeting**
 Approx 22 people in attendance
 Old Business
 Membership roaster needs updating for EAA
 Thanks for everyone in attendance for updating their
roaster information.
Dennis Schell
 New Business
 Welcome to our new members and visitors.
 Phil Thornberry
 Justin Harkom
 Dennis Schell (guest speaker)
 AOPA Panel Attorney
 Aerospace Industry Practice Group
 SmithAmundsen LLC
 Recommends AOPA Protection Service
 Overview of Legal Issues for Part 91 Flight Ops
 Overview of Legal Issues:
 Faa Ramp Checks
 Law Enforcement Ramp Checks
 Airfield Overflight Deviation Examples
 Who’s Responsible in the Cockpit
 FAA Enforcement
 Pilot’s Bill of Rights
 Reporting Motor Vehicle Actions
 “Possible pilot deviation, upon landing please
call…”
 NASA ASRS (Safety) Report
 Accidents Reporting
 Should I Risk Flying?
 FAA Ramp Check—Part 91
AOPA Panel Attorney
Aerospance Industry
Practice Group
SmithAmundsen LLC
Recommends AOPA
Protection Services
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Wabash Ca nnon Ball
Volume 4 Issue 2
Meeting Minutes...
 FAA aviation safety inspector
 Inspector observes unsafe operation
 Notified by ATC of unsafe operation
 Normal surveillance—most typical for non-
commercial
 Review of Airman
 Not authorized to detain you
 Not authorized to retain certificates or log-
books (state that you are not surrendering,
only offering for inspection)
 Keep your logbook at home or in vehicle/
FBO
 Review of aircraft
 Not authorized to board without knowledge
of crew
 Job Aid inspection checklist
 Airworthiness Certificate
 Aircraft Registration
 Radio Station License
The Bald Eagle above is actually
one of two that is nesting on the
Wildcat near Burlington, IN
 Operating Handbook (Flight Manual)
 Weight and Balance
 Minimum equipment list
 Charts
 Airworthiness of aircraft
 ELT/Battery
 VOR checked
 Seats/Safety Belts
 Aircraft Logbooks
 Not required to carry
 Later presentation upon written request
 Recommendations:
 Be courteous and cooperative
 Be busy; FAA limited in authority to delay
you
 Keep required papers organized and readily
available
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Volume 4 Issue 2
Meeting Minutes...
 DO NOT VOLUNTEER INFORMATION
 Required to allow inspection, not an-
swer questions
 If violation is alleged
 Don’t argue
 Do ask applicable regulation and facts
 Outcomes
 FSDO file of check—no further action
 Aircraft Condition Notice
 Letter of Corrections—Administrative
Action
 Follow-up Inspection
 Investigation—Possible Enforcement
Action
 Law Enforcement Stops
 Get AOPA “What to Do” cards
 General guidance
 Courteous, respectful
 Remain calm
 Generally not required to answer ques-
tions
 If you do answer questions, do so
truthfully
 Do not volunteer information
 Do not resist
 Respectfully ask:
 Nature of stop/inspection
 What they intending to do
 Under what authority
 Request to see badges, record names/numbers
 Provide airman and aircraft docs
 If request to search aircraft
 State “I do not consent to a search”
 Do not resist search
 CONSULT LEGAL CONUNSEL
Accident Reporting
Only Accidents and
serious incidents
Report to NTSB not FAA
Get aircraft off the
runway and into a
hangar
Preservation if accident
or incident
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Wabash Ca nnon Ball
Volume 4 Issue 2
Meeting Minutes...
 AOPA Pilot Protection Setvice
 Pilots Bill of Rights—Public Law 112-153
 Became law August 3, 2012
 Timely, written notice of investigation:
 Nature of investigation
 A response is not required from airman
 Response may be used against airman
 NTSB no longer gives “special deference” to FAA
interpretations
 Appeals to federal court “full independent review”
Who in cockpit is
responsible?
CFI is generally PIC
CFI may be liable but
not always liable for
violations
 Improvements to NOTAM system and Medical Certification
 Reporting Motor Vehicle Actions
 14 CFR 61.15
 Affirmative duty to report within 60 days
 Actions that result in conviction, loss of license, or
administrative order
 One event may lead to multiple reports
 Failure to report: suspension or revocation
 Refusal to submit to alcohol test—FAA action
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Wabash Ca nnon Ball
Volume 4 Issue 2
Reminders & Announcements!!
 Chapter Meeting—3rd Thursday of the month
7:00 pm at the Glenndale Airport (8I3)
 Poker Run Saturday May 17th
 Article submission, suggestions, feedback are all very much welcomed and greatly appreciated. Please send information to
news@eaa235.org
 We are looking to plan some weekend morning fly-out to some location again in 2014. Suggestions welcome and encouraged, send to
news@eaa235.org or ae@eaa235.org. More details to follow in future newsletters or emails.
Chapter Contacts
President:
AE Purcifull ~ ae@eaa235.org
Secretary:
Steve Stants ~ steve@eaa235.org
Treasure:
Dale Ethrington ~ dale@eaa235.org
Tech Advisor:
Nathan Davis ~ Nathan@eaa235.org
Bob Japundza ~ rocketbob@gmail.com
Young Eagles:
Jerry Long ~ long.ja@comcast.net
Newsletter Editor:
Justin Pallas ~ newseditor@eaa235.org
Website Editor:
Justin Gould ~ jcgould@eaa235.org
visit us on the web @ www.eaa235.org
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