Demand For Answers And Improved Regulation Following New York Helicopter Crash
12/10/2011
Aviation law experts are calling on authorities to move rapidly to determine the cause of the helicopter crash which occurred in New York on October 4th following a preliminary report into the fatal incident.
Lawyers at Irwin Mitchell, who manage an increasing number of cases involving helicopter crashes, insist that answers are required, and that there are many outstanding actions required in order to improve safety regulations for private helicopters.
Sonia Marra died, and her partner Helen Tamaki, mother Harriet Nicholson and stepfather Paul were injured while flying in a Bell 206 Jet Ranger helicopter which span out of control, crashing into New York’s East River. They had just started a private sightseeing trip across the city.
Witnesses reported that the helicopter appeared to be in difficulty before crashing. It is known that the pilot reported problems and attempted to make an emergency return to the landing pad.
According to a preliminary report by the National Transportation Safety Board (NTSB) the pilot reported initiating take-off to the northeast and climbing to an estimated altitude of 30 – 50 feet. The pilot then experienced a problem with the route being taken which featured a small left yaw (turn) so turned right, attempting to return the helicopter to the helipad.
The pilot is then known to report that the helicopter was out-of-control, and it sank downwards, hitting the East River.
The helicopter was manufactured in 1976 and it had its most recent annual inspection only 2 days before the accident.
Irwin Mitchell’s specialist Aviation Law team acts for families who have lost loved ones in air accidents around the world, including helicopter crashes, a growing case area.
The legal experts are now calling on the NTSB to act on this initial report and follow up by providing amore detailed picture of the tragic incident. There are also strong demands that authorities enact standards to improve flight safety regulations to cover private helicopters.
Jim Morris, a former RAF pilot and Partner in the specialist team, said: “Unfortunately this preliminary report does not give much detail on this terrible crash, so it is vital that the authorities work quickly to investigate the engine and all flight critical systems to confirm or rule out a mechanical problem. As the helicopter did not have a flight data recorder, analysis of the wreckage and further interviews with the pilot are critical.
“From what the pilot is saying, it is possible that a mechanical problem caused him to lose control of the aircraft. If a mechanical problem did contribute to this crash then it is vital that it is identified by the NTSB so that the same problem doesn’t re-occur on other Bell Jet Ranger helicopters.”
Jim added that another issue to consider is whether a high take-off weight combined with unfavourable wind conditions may have played a part in the incident. A number of crashes on the East River in previous years – including two in 2005 – have cited these as contributing factors.
He said: “If the helicopter was close to maximum take-off weight with a tail wind component, the take-off process would have been more difficult, requiring more planning and skill from the pilot. The preliminary report states that the wind was light and variable which indicates that the wind should not have caused a problem. However, the east river can be susceptible to gusts and eddies so the possibility of a stronger gust during take-off needs to be considered.”
When a helicopter is gaining height rapidly following take-off, it employs engine power, ground effect and transitional lift. When the take-off weight is high, the engine is pushed to the limit of its ability to climb through power alone. This means the pilot is incredibly reliant on ground effect and transitional lift to control its direction.
Ground effect improves the lift of the rotor blades when the helicopter is hovering only a few feet over a hard flat surface. Transitional lift is an increase in lift which has results from a headwind flowing over the rotor blades, or it can be caused by air flowing over the rotor blades due to forward speed.
If the Bell Jet ranger took off with a tail wind component, there would not have been a transitional lift benefit of from the headwind. As the helicopter moved from the hard surface of the landing pad over water it is possible that it suddenly lost the benefit of the ground effect.
With a lesser forward speed, the engine could have been in the position of not having enough power to climb when at maximum engine effort. It is also worth bearing in mind that in this scenario the tail rotor is less effective, potentially leading to a gust of wind causing the aircraft to rotate.
Jim believes that if this was what happened on the day in question, the pilot could simply found himself without options as the helicopter spun out of control and descended into the water. He says a review of regulations for private helicopters is urgently required.
He said: “We have seen a disturbing increase in the number of helicopter crashes we are being contacted about. While high standards of flight safety are critically important to all aircraft types, it is particularly important for single engine helicopters that operate in confined spaces, at low heights and over water, when there is little margin for error during certain parts of the flight, particularly during take-off.”
Irwin Mitchell’s Aviation Law team have also raised concerns about the general safety of private helicopter sightseeing flights operating out of Manhattan’s riverside airports. Commercial helicopters that operate over water are required to have emergency floats, but private helicopters have no such legislation to abide to.
Clive Garner, who heads the team, said: “It appears that this helicopter was not fitted with emergency floats – had it been it is highly unlikely that it would have sunk. Even if the spin caused it to invert, the floats should have kept it on the surface of the water, meaning that Sonia could have been recovered from the helicopter much more quickly and may have survived.
“Regardless of the NTSB’s findings, I urge the FAA to change the regulations for private helicopters to require emergency floats to be fitted if the helicopter is going to fly over water.
“Our thoughts are with the victims and their families.”
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