Aviation Attorneys National News

Pilot Errors and Negligence

[Page: E960]  GPO's PDF

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HON. JAMES A. TRAFICANT, JR.

in the House of Representatives

THURSDAY, MAY 30, 1996

Mr. TRAFICANT. Mr. Speaker, as a member of the Transportation and Infrastructure Subcommittee on Aviation, I am pleased that today the subcommittee approved H.R. 3536, the Airline Pilot Hiring and Safety Act of 1996. The bill requires airlines to share pilot performance records.

Over the past 8 years, there have been six commercial airplane crashes--all but one on small airlines. According to the National Transportation Safety Board, five of these crashes are attributable to pilot error; 111 people were killed in these crashes. In at least four of these fatal accidents, the employing airline was not aware that the pilots had documented histories of poor performance with other airlines that had employed them.

One of these crashes occurred on December 13, 1994, when American Eagle flight 3379 on route from Greensboro, NC, to Raleigh-Durham crashed 4 miles short of the runway while attempting an instrument controlled landing in poor weather conditions. Thirteen passengers and the two crew members were killed. The pilot, Capt. Mike Hillis, was hired by American Eagle just 4 days after he was forced to quit by his previous employer because of poor piloting skills. American Eagle had no knowledge of his prior poor performance ratings or the fact that he had, in effect, been fired for poor piloting skills.

One of the passengers who died on flight 3379 was William Gibson of Kernersville, NC. Mr. Gibson's parents, Mary Ann and Howard Gibson, and his sister, Susan Gibson Berson traveled to Washington, DC, last December to appear before a subcommittee hearing on this issue. Mary Ann and Howard came all the way from Warren, OH, in my congressional district. The approval of H.R. 3536 today by the subcommittee is a testament to the hard work, dedication, and vision of the Gibson family and countless other families who have lost loved ones in plane crashes caused by pilot error.

It sorrows me to note that on January 20 of this year, Howard Gibson passed away. I can't think of a more fitting tribute to Howard Gibson and his son, William, than approval of H.R. 3536.

William Gibson was 39 years old when he died. In addition to his parents and sisters, he left behind his wife, Roberta, and three beautiful children: Katie, age 12; Courtney, age 9; and Ross, age 4. William was a senior executive accountant for American Sunroof Corp.

His death was a tragedy--a tragedy shared by the families and friends of other victims who died in airplane accidents that could have been avoided if the employing airline knew of the pilot's previous record.

According to the NTSB, the probable cause of the American Eagle flight 3379 accident was pilot error. The pilot mistakenly assumed that an engine had failed, and the pilot subsequently failed to follow approved procedures for engine failure, single-engine approach and go-around, and stall recovery. Most significantly, the NTSB found that a key contributor to the accident was the failure of American Eagle to identify, document, monitor, and remedy deficiencies in pilot performance and training.

The Federal Aviation Administration does not require a potential employer to conduct a pilot applicant background check. While the FAA requires airlines to conduct security checks of pilot applicants, there is no FAA requirement to verify flight experience, determine an applicant's safety/enforcement history, pilot training and performance in the pilot's previous position, or any criminal or driving history.

The Airline Pilot Hiring and Safety Act requires an airline to obtain the records of a pilot from the pilot's previous employer before hiring that pilot. The bill requires airlines to keep pilot records for up to 5 years, and allows pilots full access to their records and notice of whenever records are being provided. The bill also provides immunity to airlines unless the airline knowingly lies about the pilot's record.

I would like to note for the record that the airline pilots have raised some legitimate concerns about this bill. They argue that many pilot training records are subjective, and requiring record sharing and background checks will result in the sanitization of pilot records to protect pilots' careers. This, they argue, would have the effect of making the system less safe.

While I understand the pilots' concerns, I believe the bill before us strikes a reasonable balance between safety and privacy. And the bill does directly address another concern the pilots raised by requiring the FAA to issue a proposed rule within 18 months establishing minimum standards for pilot qualifications. The airline pilots are right on target when they note that one way to address the safety issue is for the FAA to standardize and tighten pilot hiring standards.

I would also repeat that the bill allows pilots to sue airlines if an airline lied about a pilot. The bill also includes clear language safeguarding the privacy of pilot records.

On balance, H.R. 3536 is a good bill and I am proud to support it. Most importantly, I am proud of Mary Ann Gibson, her daughter Susan, and the entire Gibson family for the work they have done to move this legislation forward. It is my sincere hope that this legislation is enacted into law this year.

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