Each year, more than two million Americans climb onboard a helicopter tour to get a better view of some of the country's most beautiful landscapes, including the Hawaiian Islands.
These tours, however, have not had the best track record for safety.
After a rash of accidents involving tourist helicopter flights in the Hawaiian Islands in the early 1990s, the Federal Aviation Administration (FAA) passed an emergency rule aimed at improving the safety of this popular tourist attraction in 1994.
Special Federal Aviation Regulation (SFAR) 71 set new safety requirements for helicopter sightseeing tours, including requiring flotation devices and/or life preservers to be on all flights that go beyond the shoreline, mandating performance plans before each flight and setting the minimum flight altitude at 1500 feet. Of the new safety requirements, the most significant improvement was limiting the flight altitudes to 1500 feet. Most accidents are caused by defects in the engines and drive lines in helicopters. When a mechanical problem occurs, the height of the aircraft may significantly affect the chances of survival for the passengers.
Most helicopters can be safely auto rotated from 1500 feet. Very few can do this from 500 feet and the lower the aircraft, the less choice of safe landing places. O'Reilly Collins has represented the pilot of an aircraft who successfully landed after engine failure but who was not high enough to clear the Pu'u O'o lava fields. The passengers and pilot survived the crash but died of their injuries afterwards. These tragic results may have been different had the aircraft been at a higher altitude.
In fact, tour operators have readily conceded that the view from 1500 and from 500 feet is indistinguishable. There is no need to go lower and yet tourists want the lowest possible altitude, largely from ignorance. The local media never discusses the appalling accident statistics that have been the result of flying at a lower altitude.
Study Finds Federal Rule Has Mixed Results
While the new rule achieved its objective and cut down on the overall number of sightseeing helicopter crashes in Hawai'i, a recent study has shown that the number of fatal crashes actually has increased since 1994.
According to a study published in 2009 by researchers at the John Hopkins Bloomberg School of Public Health's Center for Injury Research and Policy, the total number of crashes since the 1994 federal regulation went into effect has decreased by 47 percent. However, from 1994 to 2008, the number of fatal crashes caused by low visibility has increased by nearly 32 percent.
Low visibility crashes often are fatal and are attributed to inclement weather conditions, like rain and fog, as well as cloud cover. When present, these conditions can make it difficult if not impossible for pilots to see mountain peaks and passes until it's too late.
In addition, tour aircraft cannot get clearance for instrument flights. Since weather conditions in Hawai'i are so unpredictable, a flight is often confronted with unexpected cloud formation. The pilot of a Big Island Air fixed wing aircraft attempted to cross the shoulder of Mauna Loa in thick cloud-cover. He was following the road and using a hand-held GPS as his only instrument. He guessed wrong and eleven people died.
Had he been given instrument headings, this accident would never have occurred. But the FAA does not allow them.
The study points to the minimum flying altitude under SFAR 71 as one of the principal factors leading to the increase in the number of low visibility fatal crashes. Given that there is greater cloud cover at higher altitudes, lowering the minimum flying altitude below 1500 feet could help reduce the number of accidents by allowing pilots to fly below heavy cloud cover.
Mechanical Safety, Maintenance Not Addressed
The study also found that the federal regulation did not address a major contributing factor to sightseeing helicopter crashes: mechanical failures. The researchers found that the number of accidents caused by helicopter malfunctions remained basically the same before and after SFAR 71 went into effect, with the majority of the mechanical malfunctions due to improper maintenance.
To rectify this oversight and further improve the safety of tourist helicopter flights, the researchers suggested that the FAA mandate better mechanical training and proper aircraft maintenance by helicopter operators. The FAA also should protect consumers by taking a greater interest in overseeing the operation of helicopter sightseeing tours to ensure that the owners are compiling with federal regulations and running safe businesses.
Touring the Islands in a helicopter sounds wonderful. Until you do it.
If you or a loved one has been involved in a tour aircraft accident in Hawai'i, contact a knowledgeable firm to discuss your case and learn more about your legal options. O'Reilly Collins has represented clients in more than fifteen tour flight cases in Hawai'i, and can help you pursue your rights and the compensation to which you may be entitled.
