Beaver Crash, Swikshak 9/21/2006
Following up on last night’s crash of the Beaver on the Swikshak River meadows, ADN confirmed this morning, there was one fatality. The pilot, 56, and a guide survived. The plane was a lodge operated DeHavelin Beaver from Alaska Sportsmen’s Lodge on the Kvichak River, west end of Lake Iliamna.
The NTSB and FAA will look hard at this one. Weather may hamper the investigation, however, in more ways than one. Weather may have been a factor and, of course, weather goes away. The location is remote and not well covered by NEXRAD. VHF Radio communications are marginal. Possibly not yet considered, weather obscures the distinction between clouds and a volcanic plume, with Fourpeaked Volcano just 6 miles to the north and unexpectedly active.
There is another factor that will not be mentioned in the investigation, and that is the FARs governing Lodge Pilots as compared to Air Taxi or Charter Operators. If you fly passengers for hire, as an air taxi or charter, the DOT defines it as common carriage, and the operation is subject to regulations similar to the airlines; this is FAR part 135. If you fly passengers as part of a lodge operation wherein the focus of the business is the lodge, hunting and fishing then the pilots are not subject to these regulations --- as presently interpreted.
The application of air carrier regulations to lodge pilots was politicsed when, a few years ago, the lodge operators were able to enlist the AOPA and political representatives into defeating the FAA’s efforts to extend the more stringent part 135 regulations to the lodge operations. The argument revolved around the interpretation of common carriage and the economic hardship that the more restrictive measures would impose on the lodge operators. From a pragmatic viewpoint the air taxi operator might ask, “Does, complying with the 135 regulations, really constitute a financial hardship to the lodge operator, or is the lack of these safety regulations, indeed, an unfair competitive advantage against the fully certified part 135 air carrier.” Not pragmatism, however, but safety is what should count. The cost advantage that the lodge owner gains by pushing the envelope comes largely at the expense of his passenger’s safety.
For example, most of the lodge pilots come from outside, many without the Alaska or, for that matter, professional credentials to get a job with a part 135 operator. They are here for the summer, and are gone. More to the point, the lodge operator puts guests and guides out for hunting or fishing on a fixed schedule. Weather never cooperates with a fixed schedule. The lodge pilots therefore fly for much of their daily mission in conditions and at altitudes prohibited by part 135. The air carrier regulations are reasonable. Most 135 operators exercise, yet, greater caution than that mandated by part 135. Scud running or flying close to the ground in mountainous terrain, especially with high winds is just asking for it. It may be a cowboy thrill for the young inexperienced pilot. The lodges guests are not much help either, viewing the whole thing as some ultimate adventure. Greater judgment needs to be at play from lodge owner, pilot and passenger. FAR part 135 should apply to all commercial aircraft flying passengers.
Delivering the mail by air in the early days posed much the same dilemma. The mail must go through. Today many lodges in Kodiak require advance payment for fixed dates and there is no refund because of weather. I view this kind of policy, in which money and profit comes before safety, as the cause of many fatalities. There are pressures, but people should not e in such a hurry. This is beautiful country to enjoy. To do so safely and to get the most enjoyment, slow down. Go with the mountain, not against it. Go with the inevitable pace of weather in the Great Land. The outdoors person might familiarize himself or herself with the certification of their intended air transportation. Certified air taxi operators service many of the better lodges. Be careful and allow extra time for weather. The time spent on the ground due to weather is not counted against your life.
The NTSB and FAA will look hard at this one. Weather may hamper the investigation, however, in more ways than one. Weather may have been a factor and, of course, weather goes away. The location is remote and not well covered by NEXRAD. VHF Radio communications are marginal. Possibly not yet considered, weather obscures the distinction between clouds and a volcanic plume, with Fourpeaked Volcano just 6 miles to the north and unexpectedly active.
There is another factor that will not be mentioned in the investigation, and that is the FARs governing Lodge Pilots as compared to Air Taxi or Charter Operators. If you fly passengers for hire, as an air taxi or charter, the DOT defines it as common carriage, and the operation is subject to regulations similar to the airlines; this is FAR part 135. If you fly passengers as part of a lodge operation wherein the focus of the business is the lodge, hunting and fishing then the pilots are not subject to these regulations --- as presently interpreted.
The application of air carrier regulations to lodge pilots was politicsed when, a few years ago, the lodge operators were able to enlist the AOPA and political representatives into defeating the FAA’s efforts to extend the more stringent part 135 regulations to the lodge operations. The argument revolved around the interpretation of common carriage and the economic hardship that the more restrictive measures would impose on the lodge operators. From a pragmatic viewpoint the air taxi operator might ask, “Does, complying with the 135 regulations, really constitute a financial hardship to the lodge operator, or is the lack of these safety regulations, indeed, an unfair competitive advantage against the fully certified part 135 air carrier.” Not pragmatism, however, but safety is what should count. The cost advantage that the lodge owner gains by pushing the envelope comes largely at the expense of his passenger’s safety.
For example, most of the lodge pilots come from outside, many without the Alaska or, for that matter, professional credentials to get a job with a part 135 operator. They are here for the summer, and are gone. More to the point, the lodge operator puts guests and guides out for hunting or fishing on a fixed schedule. Weather never cooperates with a fixed schedule. The lodge pilots therefore fly for much of their daily mission in conditions and at altitudes prohibited by part 135. The air carrier regulations are reasonable. Most 135 operators exercise, yet, greater caution than that mandated by part 135. Scud running or flying close to the ground in mountainous terrain, especially with high winds is just asking for it. It may be a cowboy thrill for the young inexperienced pilot. The lodges guests are not much help either, viewing the whole thing as some ultimate adventure. Greater judgment needs to be at play from lodge owner, pilot and passenger. FAR part 135 should apply to all commercial aircraft flying passengers.
Delivering the mail by air in the early days posed much the same dilemma. The mail must go through. Today many lodges in Kodiak require advance payment for fixed dates and there is no refund because of weather. I view this kind of policy, in which money and profit comes before safety, as the cause of many fatalities. There are pressures, but people should not e in such a hurry. This is beautiful country to enjoy. To do so safely and to get the most enjoyment, slow down. Go with the mountain, not against it. Go with the inevitable pace of weather in the Great Land. The outdoors person might familiarize himself or herself with the certification of their intended air transportation. Certified air taxi operators service many of the better lodges. Be careful and allow extra time for weather. The time spent on the ground due to weather is not counted against your life.
posted by Clancy Hughes | 9/22/2006 06:01:00 PM
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