Flight Safety Information January 29, 2014 - No. 021 In This Issue Small Plane Crash Fatality Rate Tripled In 2012 Texas pilot uninjured after small plane crashes in field east of Forreston Plane crashes in paddock but pair escapes injury Save the Date: 6th Annual Aviation Human Factors and SMS Seminar - Dallas, TX Pilot OK after plane crashes, burns in Wikieup Glasgow helicopter crash: Inquiry call over Clutha tragedy 1977 plane crash memorial unveiled Think ARGUS PROS Global Airline Pilot Training Company CTC Aviation to Open New Crew Training Centre in Phoenix EU Air-Traffic Controllers Plan Strikes for This Week Aviation Ministry announces new positions to address safety concerns Drones Could Be Coming to American Skies Sooner Than You Think Delta airlines viral video: ALF, Teddy Ruxpin offer air safety advice Small Plane Crash Fatality Rate Tripled In 2012 A study from the Dutch Safety Board shows a spike in the number of serious incidents and accidents in the general aviation branch in 2012. The rise is alarming, since it may indicate an increased threat to the safety of air passengers. General aviation involves gliders and aircrafts with one or two piston engines or with a turboprop engine in civil aviation and a maximum take-off mass of 5,670 kg. Based on these requirements the group basically covers recreational, commercial, and social flights, including police and inspection flights. In the period of 2005-2011, the number of accidents remained fairly stable with an average of 11 accidents and 10 serious accidents. However, in 2012 those numbers went up to 22 accidents and 17 serious accidents. It is a fact that the safety risk for general aviation is higher than for any other means of transportation. However, it went up from 0.4 fatal accidents and 2.6 accidents per 100,000 flights over the previous period to 1.2 fatal accidents and 4.3 accidents per 100,000 flights in 2012. These occurrences can be caused by technical problems, but most have to do with factors related to the pilot. Analysis of the statistics have not yielded any explanation for the increase in occurrences in 2012. Statistics did show however, an increase in the number of reported near-collisions, collisions, and 'emergency and precautionary landings following engine trouble.' The European Union is putting in an effort to manage the skills and risk perception of pilots, by way of the pilot's exam, the minimum experience needed for ratings in pilot licenses to be extended, and a system of training requirements. In addition, the general aviation branch will need to be more aware of its own responsibility to guarantee aviation safety. http://www.nltimes.nl/2014/01/29/small-plane-crash-fatality-rate-tripled-2012/ Back to Top Texas pilot uninjured after small plane crashes in field east of Forreston A Texas man trying to deliver a newly repaired single-engine airplane to Janesville, Wis., suffered only minor injuries when the 1984 Cessna crashed Jan. 25 in a farm field east of Forreston. Pilot Fred H. Rose, 75, Spring Branch, Texas, was transported by Forreston ambulance to FHN Memorial Hospital, Freeport, for treatment of minor injuries. "He had a bump on the head," said Ogle County Sheriff Michael Harn. Rose flew out of Texas around 6 a.m. that morning bound for Janesville, Harn said. The plane, which is registered to Gelbach Aviation, Janesville, had a new engine installed in Texas, the sheriff said. Rose refueled in Joplin, Mo., around 10:45 a.m. and told authorities that the engine locked up south of Forreston. "He was gliding around looking for a place to land," Harn said. "He thought it was a mechanical failure." Rose was able to put the plane down in the snow in a field along Ill. 72 just west of Cherry Road, four miles east of Forreston. The crash occurred around 2:15 p.m. Deputies on the scene said an undetermined fluid was leaking from the plane. The Forreston Fire Department assisted at the scene. Harn said Federal Aviation Administration is investigating the crash. http://www.oglecountynews.com/2014/01/28/texas-pilot-uninjured-after-small-plane-crashes-in-field-east- of-forreston/auyuob9/ Back to Top Plane crashes in paddock but pair escapes injury A pilot and passenger have walked away unscathed from a light plane which crash-landed in a paddock south of Adelaide. The twin-engine Piper narrowly missed a vineyard as it made an emergency landing one kilometre from the end of the Aldinga Aerodrome about 11:30am. The plane's wheels were not down and it landed on its belly in the paddock north of Colville Road. The male pilot says the plane veered to the left shortly after taking off from the airfield before losing power. Paramedics checked the pilot and his passenger for shock, but they were otherwise uninjured and were not taken to hospital. The plane sustained serious damage. Emergency crews will remain at the scene to try to determine the cause of the crash. An investigation by the Australian Transport Safety Bureau is likely to take several months. http://www.abc.net.au/news/2014-01-29/light-plane-crash-near-aldinga/5225022 Back to Top Back to Top Pilot OK after plane crashes, burns in Wikieup WIKIEUP, Ariz. -- A 59-year-old pilot escaped injury when his plane crashed and burned during a failed takeoff attempt Sunday in Wikieup. James Logsdon, of Lake Havasu City, was the only person in the plane when it crashed approximately eight miles west of U.S. 93 and Signal Road, according to the Mohave County Sheriff's Office. Logsdon had flown his 1948 Cessna 170 fixed-wing single-engine plane from Lake Havasu City to Wikieup Sunday morning and was attempting to take off from there. Sheriff's office spokeswoman Trish Carter said Logsdon ran out of runway and went off the end of the pasture where the plane's tail flipped forward. Logsdon was able to get out of the plane before it caught fire. The Federal Aviation Administration and National Transportation Safety Board will be conducting an investigation. http://www.azfamily.com/news/Pilot-OK-after-plane-crashes-burns-in-Wikieup-242264761.html Back to Top Glasgow helicopter crash: Inquiry call over Clutha tragedy The UK transport secretary is being urged to launch a public inquiry into helicopter safety after a crash at the Clutha bar in Glasgow killed 10 people. Lawyers for some victims have also asked Patrick McLoughlin to review the laws that exempt helicopters from having to carry black box equipment. The move comes after Bond Air Services, which operated the police helicopter, began making compensation payments. It is not yet known what caused the crash on 29 November. Legal firm Irwin Mitchell announced earlier this month that it had commenced action against Bond Air Services over the crash at the Clutha bar in central Glasgow. The law firm said there had been at least 20 helicopter accidents in UK airspace, with at least 40 fatalities since 2009. Safety issue It has now written to Mr McLoughlin asking for a public inquiry to look into the safety of commercial helicopter flights. Clive Garner, head of Irwin Mitchell's aviation law team, said: "The tragedy in Glasgow has put a spotlight on the issue of helicopter safety, but the unfortunate truth is that it is just the latest in a string of tragedies and urgent action is now needed to ensure that helicopter safety standards are reviewed and improvements made where necessary. "Our clients rightly want answers and reassurances that no one else will have to go through the ordeals that they have been through. "Because of our concerns, we have written to transport ministers in both the UK and Scottish Parliaments demanding that they do what is right in these circumstances and launch a full public inquiry into the safety of helicopters operating within UK airspace with the aim of improving helicopter safety." More than 100 people were inside the Clutha bar when the Police Scotland helicopter crashed on to the roof at about 22:25 on 29 November. More than 30 others were taken to hospitals across Glasgow. The helicopter crew of pilot David Traill, Pc Tony Collins and Pc Kirsty Nelis died in the crash, as well as seven customers in the pub. They were John McGarrigle, Mark O'Prey, Gary Arthur, Colin Gibson, Robert Jenkins, Samuel McGhee and Joe Cusker. It has not yet been established what caused the crash, although air accident investigators have said initial evidence ruled out major engine or gearbox failure. Their initial report also said the helicopter pilot made no mayday call and that no black box data recorder was on board. http://www.bbc.co.uk/news/uk-scotland-glasgow-west-25944136 Back to Top 1977 plane crash memorial unveiled EVANSVILLE, Ind. (AP) -- A memorial to the 1977 plane crash that killed all members of the University of Evansville men's basketball team is now in place inside the city's downtown arena. Hundreds of people gathered Sunday for the unveiling of the 1977 Aces Basketball Memorial Wall at the Ford Center. The display spans an entire wall and features pictures of the players and coaches who died, along with newspaper headlines and reactions to the crash, the Evansville Courier & Press reported. Then-assistant coach Stafford Stephenson, who wasn't traveling with the team when the crash happened, attended the ceremony and said he was overwhelmed by the memorial. "It is a remarkable, remarkable exhibit, and as so many people said, the whole purpose is that we won't forget," Stephenson said. "As I get older, I won't forget. Others in generations to come will (remember), as well." The December 1977 crash killed 29 people, including all 14 members of the Purple Aces basketball team, shortly after takeoff from Evansville Dress Regional Airport. The crash memorial that was in the old Roberts Stadium was taken down after it was closed in 2011 and the university's basketball teams moved their home court to the new downtown Ford Center. Memorabilia from families and friends packed the Roberts Stadium showcase, but organizers wanted a bigger display at the new arena, said Kathy Kleindorfer, chairman of the Corridor of Champions/Roberts Stadium Foundation. "We didn't have the funding to do it during phase one," Kleindorfer said. "We wanted it to be separate and special. We've been working on it for three years." http://www.southbendtribune.com/news/community/plane-crash-memorial-unveiled/article_1fe53ba8-8831- 11e3-9c14-001a4bcf6878.html Back to Top Back to Top Global Airline Pilot Training Company CTC Aviation to Open New Crew Training Centre in Phoenix, Arizona, USA UK headquartered CTC Aviation, a world-leading airline pilot training company working with over 50 major airlines globally, in co-operation with Lufthansa Flight Training (LFT), is launching a new airline pilot training centre in Arizona, USA. CTC Aviation is investing US$7millions to equip the new facility, which will have a capacity for up to 200 trainee airline pilots per annum. CTC Aviation already has significant flight training operations in both the United Kingdom and New Zealand. This further investment in a new USA-based operation demonstrates a strong confidence in the growing opportunity to provide both basic and advanced training services in the USA. A key strength of the CTC Aviation service model is the ability to place pilot graduates into employment through its airline training partner network. The Company has a strong track-record announcing sales of £41millions for the year ending 30th June 2013 representing a 46% increase on the same period in 2012. It is also one of the top UK companies in terms of rapidly growing overseas sales. Between 2010 and 2012, its international revenues grew from £622,000 to over £4million. CTC Aviation trains in the region of 2,000 pilots each year and through this new investment it will grow this number significantly. The new USA crew training facility will provide additional capacity to train a growing number of pilots for client airlines in Europe, Asia, Africa and the Middle East; as well as enable a real focus upon the changes and recovery in North America and provide more direct access to the high growth markets of South America. CTC Aviation believes that there are a number of key factors fuelling growth in demand for specialist airline pilot training in the USA, including: a strongly recovering airline sector, an increase in retiring pilots, and enhanced FAA legislation stipulating the way in which all airline pilots must now be trained; a set of circumstances ideally suited to the CTC Aviation training and business strategy. Research reveals rapidly growing demand for well-trained pilots North America is already the world's biggest commercial aviation market and in a study undertaken for CTC Aviation of international senior airline managers and pilots, 67% expect revenues here to grow in the next ten years. Similarly, 91% anticipate that the number of passengers flying will increase over the next five years. Enhanced training requirements The FAA now requires that all pilots flying for FAR121 air carriers in the USA must receive additional training to enhance their skills in both high altitude and low speed flight as well as specialist training in crew communication and management. Crew Training Centre - Phoenix CTC Aviation's new 'Crew Training Centre - Phoenix' is based at Phoenix Goodyear Airport, Arizona. The new company and trainee pilots will be working alongside students of the Airline Training Center Arizona (ATCA) - a Lufthansa Flight Training company - represented by a new 'Training Alliance' between LFT and CTC Aviation. ATCA will also supply both maintenance and instructor training support to CTC Aviation as part of the new 'Training Alliance'. Cadets will enjoy the extensive sports and leisure facilities at the on-airfield campus. The first course of trainees is scheduled to commence training in April 2014. Rob Clarke, Group CEO of CTC Aviation said "The airline industry has been predicting an impending pilot shortage for some time now and the world's airlines require pilots of all experience levels to help crew their expanding fleets. "CTC Aviation has a reputation for supplying both experienced and cadet pilots of excellent quality to our client airlines and we are experiencing an unprecedented increase in demand for our well-trained, high quality pilot graduates. "North America is a very vibrant and evolving market as well as being the biggest in the world, so having a strong presence here is a significant development for us and with a proven and well respected model, we are confident that it will be well received. "We are currently exploring a number of new opportunities globally that enable us to increase our capacity. As more airlines are asking us to develop tailored cadet programmes utilising our existing 'CTC Wings' programme as a blueprint, we have identified the opportunity for us to broaden our world-wide presence and deliver our innovative training skills to new clients". "It has been a pleasure working with ATCA to create our new Crew Training Centre in Phoenix. Lufthansa Flight Training's ATCA facility is highly respected within the aviation community and by sharing some mutual resources we enjoy the same common desire to operate a true international centre of excellence" said Rob Clarke. "We are very much looking forward to working with CTC Aviation," said Matthias Kippenberg, CEO of ATCA. "Both CTC Aviation and ATCA are consistently geared toward safety, quality, and innovation. This joint philosophy offers an excellent framework for a long-term partnership." http://www.aviationpros.com/press_release/11301016/global-airline-pilot-training-company-ctc-aviation-to- open-new-crew-training-centre-in-phoenix-arizona-usa Back to Top EU Air-Traffic Controllers Plan Strikes for This Week LONDON-Air-traffic controllers from several European Union countries threatened limited strikes Wednesday and Thursday over EU plans to overhaul the region's fragmented air traffic control system. Airlines across the region are making plans to minimize disruption as labor unions protest over European Commission plans for further cooperation among national air-management agencies across the continent. The so-called Single European Sky project aims to reduce congestion in the EU's airspace but unions are concerned the new targets set by the plan could compromise air safety and cost jobs. The Commission plans to meet Feb. 4 to discuss the plan. Air Traffic Controllers European Unions Coordination, an umbrella group of unions, says the move emphasizes efficiency at the expense of safety. The threat comes just months after ATCEUC called off a similar strike because EU officials agreed to meet and discuss the union's concerns. "Last October, ATCEUC was given assurances that the European Commission was finally willing to discuss our views on the performance scheme, regarding the lack of real safety targets and the unrealistic cost efficiency targets," the ATCEUC said Tuesday. It said the result of its meeting with European officials was an even more unacceptable plan. Unions are threatening hourslong stoppages in Portugal, Italy, Cyprus and Greece Wednesday, with strike timings varying from country to country. Three unions in Italy, representing some 40% of air-traffic controllers, say they plan to go on strike for four hours Wednesday. Unions belonging to a separate federation plan a short 15-minute strike Thursday. Three French unions plan to strike midnight to midnight on Thursday, according to France's General Direction of Civil Aviation. The agency said it is calling on airlines operating in and out of the Paris region's three main airports-Roissy-Charles de Gaulle, Orly and Beauvais-to reduce their flight schedules by 20% on Jan. 30. It added that flight disruptions are also likely elsewhere in France. "Like all airlines flying to or from or over these countries, we expect it will have a significant impact on our flights during these periods," said a spokeswoman for U.K. discount carrier easyJet PLC. It has re-timed some flights to Lisbon and Milan's Malpensa airport. British Airways, a unit of International Consolidated Airlines Group IAG.LN -0.71% PLC, said it has canceled a small number of flights to and from Italy and rescheduled other flights to Italy and Portugal on Wednesday. http://online.wsj.com/news/articles/SB10001424052702304691904579348643997652758 Back to Top Aviation Ministry announces new positions to address safety concerns Fearing a downgrade by the US aviation regulator, Federal Aviation Authority (FAA), the Civil Aviation Ministry on Wednesday announced approval for creation of 75 crucial posts in Director General of Civil Aviation (DGCA) to carry out safety inspection of airlines and private charter companies. The new positions like Chief Flight Operation Inspector (FOIs), Deputy and Senior FOIs, would be created in the Flight Standards Directorate (FSD) of DGCA. The 75 posts have been created on the basis of International Civil Aviation Organisation (ICAO) standards meant for aircraft and helicopter operations, an official spokesman said in New Delhi. During its inspection last year, the FAA had raised concerns over 33 issues including filling up of several senior positions including those of full-time FOIs, beefing up of aviation safety training programmes and preparation of manuals and documentation on safety issues. The FAA could downgrade DGCA on aviation safety count - from the top category I to a lower ranking, if the concerns raised by it are not addressed. It is scheduled to give its final report any time now on the audits it carried out in September and December. On the basis of this report, FAA would decide whether to downgrade India's aviation safety status or retain it on the top-most category. A downgrade by FAA would imply that Air India and Jet Airways, which currently fly to the US, would be allowed to operate only the existing number of flights but not enhance them. They would also not be able to expand or enter into any new code share arrangements with any US carrier. Safety supervision on air traffic and the activity of the Indian airlines in the US would also be heightened. The FAA, which has over the years downgraded several nations including close ally Israel, Mexico, Venezuela and Philippines, uses downgrade as more of a tool to pressurise countries to shape up their regulatory schemes but not as a warning of imminent safety problems. Basically, the FOIs carry out surveillance checks involving cockpit en-route inspections, cabin inspections, ramp inspections, station facility inspections, proficiency checks, simulator evaluation and main base inspections. Till now, DGCA did not have any regular FOIs. So pilots and commanders were seconded from scheduled airlines to carry out these functions. These commanders and pilots were paid by the respective airlines and not by the DGCA. The spokesman said the government was also in the final stage of creation of the Civil Aviation Authority to replace DGCA, with the Bill pending in the Parliament for adoption. The Civil Aviation Ministry is making all efforts to ensure that the Bill is passed in the coming session of Parliament. http://www.thehindu.com/business/Industry/aviation-ministry-announces-new-positions-to-address-safety- concerns/article5630787.ece Back to Top Drones Could Be Coming to American Skies Sooner Than You Think On message boards and Facebook groups, he's known as Trappy. Fellow drone hobbyists call him an "aerial anarchist" and marvel at the videos he's taken with his five-pound foam aircraft of the Statue of Liberty, the French Alps and the Costa Concordia, the Italian cruise ship that ran aground in the Mediterranean in 2012. "Ask anyone who the most daring pilot is," says Trappy himself, never one for false modesty. "The answer is probably going to be unanimous." But ask officials at the Federal Aviation Administration, and they'll tell you Trappy is a 29-year-old Swiss thorn in their side named Raphael Pirker, someone who flies recklessly, flaunts the agency's rules and might even threaten its slow, careful plans for the safe integration of commercial drones into American skies. In 2011, the FAA slapped Pirker with a $10,000 fine after he flew his Styrofoam drone around the University of Virginia while filming an ad for the university's medical school. With that, the most famous pilot in the underground drone world became a test case for the FAA's authority to prohibit people from making money off their hobby. Pirker has asked a judge with the National Transportation Safety Board to throw out the fine, and a decision is expected any day now. In the meantime, the case exposes what would seem to be a rather large loophole in the law: The FAA has been saying since 2007 that commercial drone use is not allowed, but the agency never went through the official rule-making channels to make it illegal. I asked an FAA spokesman at least five times whether flying a drone for profit is illegal and, after several attempts to follow up, was told that the agency was not prepared to answer that question. As a result, the case against Pirker hinges not on whether he was operating a drone for commercial purposes but instead on whether the FAA can prove that he was flying in a "reckless manner so as to endanger the life or property of another." In other words, the FAA needs to show that Pirker could have killed someone or seriously damaged a building with what is essentially a flying toy. If the agency fails and his fine is thrown out, the ruling could be taken as a sign to would-be commercial drone operators that the FAA lacks the authority to stop them-at least until it can issue an official rule, a process that typically takes more than a year. All of which could mean that the agency's multi-year effort to plan for the gradual introduction of commercial drones-with safety controls and privacy protections to reassure those who worry about allowing small, flying cameras to operate with impunity-would fall by the wayside as the skies immediately open to a buzzing, whirring horde. Whether the FAA is ready or not, the drone age could suddenly be upon us. *** Unmanned aircraft have been zipping through American skies since before there even was a Federal Aviation Administration. The Academy of Model Aeronautics, a nonprofit dedicated to promoting model airplane flight, was founded in 1936 and now has more than 140,000 members. But while model aviation has evolved-from a hobby dominated by ex-military pilots flying gas-powered airplanes to one popular among Silicon Valley types with iPad-controlled hexacopters-the laws that govern the skies haven't kept up. This has especially become a problem as technologies like high-definition cameras and smartphone integration have made even very small drones-some no bigger than a songbird-potentially useful tools for a variety of businesses. The FAA has never officially regulated model airplanes or small drones. The closest it has come was an "advisory" issued in 1981 that created a set of voluntary guidelines for model aircraft: stay within the line of sight, do not fly within three miles of an airport, do not fly a model airplane higher than 400 feet. Then, in 2007, the FAA said in a policy statement that the 1981 advisory applies only to hobbyists, not to businesses-a move the agency has repeatedly said makes the commercial operation of drones illegal. Back in 2007, the FAA said it would soon release new rules for small commercial drones, but it still has not produced those rules and just this month announced that they wouldn't be ready until at least November. In the meantime, countries in Europe and Asia have run laps around the United States in their use of commercial drones, and companies in South America and Africa are looking to get in on the action as well. In July, I met Ernesto Sanchez, a representative from North Carolina's UTC Aerospace Systems, at an air show in Colombia. He was there because the company isn't allowed to sell drones in the United States except to public agencies that have an FAA waiver. "Our business has been limited by what we can do in the United States," he told me. "Here, we're not seeing that as much." *** Two years ago, Congress pushed the FAA to speed things up when it passed the FAA Modernization and Reform Act of 2012, which directed the agency to release guidelines for commercial drones within a year and to have a plan for commercial drones to begin flying "no later than September 30, 2015." Since then, the FAA has missed nearly every deadline Congress set-in part, critics say, because the agency didn't have the foresight to take the rise of the drone age seriously. "Ten years ago, the FAA said [unmanned aerial vehicles] were never going to amount to anything, that they'd be a niche market," says Missy Cummings, a former Navy fighter pilot who runs Duke University's Humans and Automation Laboratory. "They've created a rigid system that can't tolerate new, disruptive technologies." To satisfy government-but not commercial-demand for drones, the FAA began what it calls a Certificate of Authorization (COA) program, which allows certain police departments, universities and government agencies to fly drones on a limited basis. These certificates have allowed Customs and Border Patrol, the FBI and some smaller organizations to fly drones to help make arrests, scout for drugs and illegal immigrations along the border, and monitor hostage situations. As of November, the FAA had issued 1,387 COAs, with just one going to a commercial enterprise-oil giant ConocoPhillips, which is using a $100,000 Boeing Insitu ScanEagle to monitor icebergs and count whales and birds off the coast of Alaska, in the most remote airspace in the United States. The FAA has made it clear that, except in extreme circumstances, it will reject commercial applications for the time being-much to the frustration of entrepreneurs waiting to enter a new industry that they believe has the kind of explosive growth potential last seen with the arrival of the smartphone and tablet computing. Proponents argue that drones could revolutionize events photography, journalism, agriculture, filmmaking and other businesses. Amazon famously announced in December that it plans to deliver packages with drones beginning in 2015, assuming the FAA's rules are in place. Gimmicky but eye-opening YouTube videos have popped up showing drones delivering tacos, burritos and beer. Environmental activists say drones can be used to monitor illegal hunting and endangered species populations; firefighters want to use them for search and rescue operations; engineers want to use them to monitor the structural integrity of bridges and oil pipelines; and the list goes on. According to a report published in March by the Association for Unmanned Vehicle Systems International, a consortium of companies in the industry, drones could create as many as 70,000 jobs and have an overall economic impact of more than $13.6 billion in three years. Which means, the report says, that each day U.S. commercial drones are grounded is a $28-million lost opportunity. Last month, the FAA took an important step forward when it named six states-Alaska, Nevada, New York, North Dakota, Texas and Virginia-where drones would be allowed to operate at "test sites." Although the details are still up in the air, for the moment it appears that anyone who wants to fly a drone commercially will have to be certified at one of these test sites. Think of them as DMVs for drones. Larry Brinker, executive director of the company NUAIR, which will operate a test site in Rome, N.Y.-250 miles north of Manhattan-says he is not yet sure what certification will look like. Will a wedding photographer from Maine have to travel to Rome in order to get certification to fly a one-pound drone bought at Brookstone? Can it be done in a day? A week? Will all drone operators have the same licensing process whether they're flying a bird-sized drone or an airliner-sized one? Brinker hasn't gotten much guidance from the FAA about how it will all shake out. One thing is certain, however: People are lining up to get certified. In the first several days after the FAA announced that New York would open a test site, Brinker says, hundreds of would-be drone operators called hoping to sign up. "We're starting to organize how we're going to handle all this," he says. "We've got quite a lot of people wanting to get in the queue right now." *** Flyterra, a Canadian drone manufacturer, will be NUAIR's first client at the New York test site and could become the first company certified in the United States. Its drones have surveyed pipelines and farms and done search and rescue operations for years, and the firm is eager to start operating in the United States as soon as possible-but only once it has FAA clearance. "We'd never fly without the proper authorization," says Vivien Heriard Dubreuil, president of Flyterra. "We want to put our names out there as the serious guys who abide by the rules, even if they're not clear." Others, like Pirker, aren't willing to wait. His lawyer, Brendan Schulman, was recently named head of the drone team at Kramer Levin, the first major U.S. law firm to create a drone practice. Schulman says it's clear some companies have simply decided to go ahead without FAA's blessing-he sees more and more commercials and TV shows, for instance, that were obviously shot with cameras on drones. FAA spokesman Les Dorr says the agency has sent cease-and-desist letters to 12 people for operating commercial drones, but Cummings, of Duke University, says she knows several who ignored the letters, kept flying and have not faced any consequences. Those who do so operate in a legal gray zone. Despite the FAA's repeated assertions that "commercial operations including aerial photography for hire are not allowed," legal experts say the 2007 policy statement the FAA cites is not legally binding. To issue enforceable regulations, the FAA has to create a rule and allow the public to comment on it, a procedure commonly undertaken by federal agencies. "A policy statement can't be binding on anyone, including the agency," says Richard Pierce, an administrative law professor at George Washington University Law School. Even Dorr, the FAA's own spokesman, told me it's unclear whether the 2007 guidance is enforceable, and the FAA's legal department did not answer the question, despite my attempts to follow up several times over the course of two weeks. But how could the FAA have failed to issue a rule governing commercial drones? Was the agency really that oblivious to the growing demand? Not necessarily, says Pierce-he notes that regulatory agencies sometimes forego the bulky, time-consuming rule-making process because they know few people have the money or will to challenge them. "If the FAA has a policy statement saying, 'If you do this for profit, we'll go after your ass,' that's enough for a lot of people," he says. "The only way you get definitive answers to these questions is if you spend tens of thousands of dollars in court." *** That's where Pirker comes in. While a dozen other drone pilots have received cease-and-desist letters, Pirker is the only one who's been fined, and he is willing to spend the money for a legal challenge. The difference, FAA's Dorr says, is that Pirker was cited not for commercial drone use but for "careless and reckless operation of the unmanned aircraft." The statute that the FAA used seems an odd fit: The regulations state that a person can be prosecuted for reckless flight for flying an aircraft below 500 feet-which is at odds with the guidelines that suggest model aircraft can only be flown below 400 feet. The statute also says a pilot can be fined for walking around the cabin while the plane is in flight-impossible to do with a Styrofoam drone. One question for the judge is whether this statute applies to such a small aircraft. Another is whether Pirker was, in fact, flying recklessly. Even when drones have crashed and killed-as happened to one drone operator in Brooklyn who was partially decapitated by his own helicopter in September-the FAA has chosen to not investigate, instead deferring to local law enforcement. There are dozens of YouTube videos of drone crashes in populated areas, but none of those pilots has been fined. And Pirker, who says his foam drone couldn't cause any damage "even in a worst-case scenario," flew at UVA without incident. The Swiss citizen has been on the FAA's radar since late 2010, when he and two employees of BlackSheep, his drone manufacturing company, flew the same foam drone around the Statue of Liberty's head, descended close to skyscrapers in midtown and zipped above passing cars on the Brooklyn Bridge. During the flight, people stared, wondering what was going on. Afterward, they got mad. The Academy of Model Aeronautics said the flight "posed significant threat to people and property." The FAA investigated and eventually determined that Pirker broke no laws-operating a small drone is legal, even next to New York City's skyscrapers. So why did they come after him for the University of Virginia flight, which was less dangerous but for which he was paid? Although the FAA is adamant that Pirker wasn't fined for flying commercially, the official complaint against him does note that he "received compensation," and many people in the drone world believe the FAA chose him to send a message. If that's the case, the agency is taking a gamble: If a judge determines that the reckless flying statute-and the FAA's authority-does not extend to such small drones, Cummings says, other small drone operators will get the message that they're free to fly as they wish. Pierce, of George Washington University, notes that it's possible a judge could rule the foam drone is an "aircraft." But if the FAA can regulate a five-pound drone, Schulman says, "What's stopping them from regulating a Frisbee, or a baseball or bullets, for that matter?" Armed with a high-powered attorney who specializes in drone law and the fact that he was essentially flying a toy, Pirker likes his chances. "The laws they have in place are not reasonable right now, and the way they're trying to enforce them don't make any sense to me," he told me one night over Skype from Hong Kong, where he now lives and is getting his drone business off the ground. Schulman says that if his case is dismissed, it will immediately open the door for other drone operators to fly without fear of FAA prosecution, especially because a new regulation that officially bans commercial drones could take a year. And even if the FAA does try to enact a temporary emergency rule, at least that would spur the agency to act more quickly, which is exactly what those in the drone world want. "It's weird that they've made this their landmark case," Pirker says. "I don't care about getting off the hook. My biggest motivator is that these laws are not fair and they're hurting an entire industry." If he wins, Pirker might become the least of the agency's problems. http://www.politico.com/magazine/story/2014/01/drones-faa-lawsuit-coming-to-american-skies- 102754.html#.UukFaBDnbIU Back to Top Delta airlines viral video: ALF, Teddy Ruxpin offer air safety advice Delta's 80's In-Flight Safety Video Delta has hit a home run on Tuesday with their theme flight safety video. According to Viral Viral Videos on Tuesday, the 80s pop culture references of hairstyles and clothing are frequently referenced throughout the video. Cameo performances are brief, but some icons of the past include: Teddy Ruxpin, ALF, Punky Brewster, "Dallas" and Richard Simmons. Since 30 years have passed since the early 80s, some of the characters are hard to correlate in the memory cells. ALF however, is totally recognizable and plays a main role in the instructions for donning an air mask. Evidently an alien is perfect for learning how to breathe in thin air. Valley Girl speak is well represented, even though the girls do not say a word. The big hairdos remind us of the hit nighttime soap opera, "Dallas." This whimsical blast from the past is sure to grab attention as travelers listen to safety instructions. In all of the video there is no reference to the TSA and so it seems Delta really knows how to bring back memories of happier travel times. http://www.examiner.com/article/delta-airlines-viral-video-alf-teddy-ruxpin-offer-air-safety-advice Curt Lewis