Parachute jumping flights, “doors off” helicopter tours, hot air balloon rides, some warbird rides and cost sharing for other GA flights, among others, fall under a gray area of FAR Part 91, the section of regulations that govern non-commercial operations. Eight recent fatal accidents that killed 45 people and injured 12 have led to scrutiny of the rules surrounding such hybrid revenue passenger flights. NTSB Chairman Robert Sumwalt said at a hearing this week: “The FAA must do everything in its power to ensure the safety of every revenue passenger in every revenue passenger-carrying operation, regardless of the operating rules. This is an opportunity to increase safety for paying passengers on Part 91 commercial operations.”
In most cases, the operations took place with agreement from the FAA specifying particular levels of oversight, enforcing agreements similar to a Part 91 corporate flight department’s formal Safety Management System. The NTSB argued that the nature of the accidents show the FAA was not executing enough of that oversight and operators were not following the agreed upon safety measures. One example is the crash of B-17 Nine ‘o Nine on a “living history flight experience” that killed seven in Connecticut. The crash investigation revealed apparent significant shortcomings in engine maintenance.
During the hearing, NTSB senior accident investigator Eliott Simpson cited, “!lack of FAA oversight, lack of structured pilot training, deficiencies in pilot skills and decision-making, and inadequate aircraft maintenance,” as among the factors in the eight fatal accidents.
The NTSB recommends establishing national safety standards for such flights, which include sightseeing rides in hot air balloons, parachute drops, living history flights (involving warbirds) and rides in other vintage aircraft. The board suggests requiring initial and recurrent pilot training, and instituting appropriate maintenance and management policies and procedures. The board also recommended measures to identify discrepancies among Part 91 revenue-seeking operators who offer aerobatic flights, tours masked as student instruction, tours masked as photo flights (so called “doors off” tours), and glider sightseeing rides. The board also recommended guidance for FAA inspectors tasked with overseeing such operators.
