Contributor - Accidents and Regulations

Contributor - Accidents and Regulations

Gordon Gilbert

Hawaiian commercial air tour operators can apply for FAA authorization to descend below the normal regulatory minimum altitude of 1,500 feet agl if it is for the purpose of weather avoidance, according to procedures proposed yesterday by the agency. The new procedures, including the application process for obtaining a letter of authorization, are outlined in <a href="https://www.faa.gov/aircraft/draft_docs/afs_ac/AC_136-B048_Coord_Copy.pdf">draft Advisory Circular 136-B048</a>.
The Advisory Circular would apply to air tours in the state operating under Part 121, 135, or 121/135 combined certificate holders (CH). “These authorizations are granted with conditions and limitations to enable CHs to remain in VMC and avoid entering unforecasted IMC,” the FAA said.
Authorization is not intended to be used for flight planning and does not permit a commercial air tour operation to launch when forecast weather would not allow the operator to remain in VMC at altitudes above 1,500 feet agl for the duration of the planned flight.
Proposed new procedures include recommendations for pilot training and qualifications and specific aircraft equipment. The FAA “will thoroughly review each operator’s safety plan before issuing an authorization.” The public has until September 6 to comment on the procedures, which will take effect in spring 2024. It will replace an outdated, 15-year-old manual.
According to NTSB data, between 2000 and 2019, 38 people died in 11 air tour accidents in Hawaii. The most recent weather-related fatal accident in Hawaii was on Dec. 26, 2019, in which the pilot and six passengers were killed in the crash of an Airbus AS350B2 helicopter. The NTSB determined that the probable cause of this accident was the pilot’s decision to continue flying under VFR into IMC, which resulted in a collision with terrain.

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