NTSB ASKS FAA TO ISSUE MORE STRINGENT REGULATIONS FOR CERTAIN PASSENGER CARRYING OPERATIONS
April 6, 2021
On March 23, 2021, the National Transportation Safety Board held a public board meeting during which they asked the FAA to issue additional safety requirements for certain revenue passenger-carrying flight operations that are currently conducted as general aviation flights under Part 91. Typically, revenue passenger-carrying flight operations, such as traditional commercial, commuter, and on-demand operations, require an FAA certificate and compliance with the specific maintenance, training, and safety regulations of Parts 121, 135, and 298. However, certain revenue passenger-carrying operations, such as adventure flights, skydiving, and hot air balloons, are exempted from the stricter requirements and allowed to operate under the general aviation rules of Part 91.
At the board meeting, the NTSB claimed that the lack of FAA oversight, structured pilot training, and adequate maintenance for these Part 91 passenger operations has led to a number of avoidable accidents. As examples, the NTSB pointed to: a 2016 crash of a commercial hot air balloon near Lockhart, Texas, which killed the pilot and all 15 passengers; a 2018 helicopter aerial photography flight accident in New York City which killed all five passengers; and a 2019 crash of a World War II-era Boeing B-17G on a “living history flight experience” flight which resulted in seven deaths and five serious injuries. The NTSB took further issue with the fact members of the general public are likely unaware that these types of Part 91 revenue operations are not subject to the same safety regulations as other revenue generating passenger operations.
The NTSB made six new recommendations to the FAA, which included developing equivalent regulations for specific revenue passenger-carrying operations, identifying shortcomings in current regulations, and requiring safety management systems for all revenue passenger-carrying operations currently conducted under Part 91.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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