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U.S. NEWS Wednesday 11 december 2019

Loophole limited scrutiny before deadly NYC helicopter crash

By MICHAEL R. SISAK Nonetheless, FlyNYON has
Associated Press promoted "sneaker selfies,"
NEW YORK (AP) — The he- complete with video on its
licopter company whose website of a passenger's
doors-off flight crashed in a feet dangling over lower
New York City river last year, Manhattan, and it boasts
trapping all five passengers of having flown more than
in their harnesses, exploited 250,000 passengers.
a regulatory loophole to The helicopter crashed into
avoid stricter safety require- the chilly East River in March
ments, federal investigators 2018 after a tether meant
said Tuesday. to keep a passenger from
FlyNYON operated under falling out got caught on a
the government's least floor-mounted fuel shutoff
stringent standards "to the switch, stopping the engine
detriment of their custom- minutes into the scheduled
er's safety" because it de- 30-minute flight. It started
scribed the purpose of its to sink within seconds.
flights as photography, not In written submissions, FlyN-
sightseeing, National Trans- YON faulted the design of
portation Safety Board the Eurocopter AS350's fuel
Chairman Robert Sumwalt controls and its emergen-
said. cy flotation system, which
The company instructed failed to keep the aircraft In this March 12, 2018 file photo, a helicopter is hoisted by crane from the East River onto a barge
employees to avoid using upright. Flotation system in New York. Federal investigators said Tuesday, Dec. 10, 2019, the helicopter company, whose
terms like "air tour" or "sight- manufacturer DART Aero- doors-off flight crashed in a New York City river last year, exploited a regulatory loophole to avoid
stricter safety requirements.
seeing" so it wouldn't lose its space said in a submission Associated Press
certification under a pho- that pilot Richard Vance
tography exception that likely failed to fully pull the "FlyNYON has done just NYON contracted with for nesses in the event of an
allowed it to fly under the inflation lever, leaving the about everything they can helicopters and pilots. Fly- emergency when, in fact,
same regulations as private devices only partially in- to skirt safety, accountabili- NYON's CEO stressed profits they knew full well that that
pilots and hobbyists, investi- flated. ty and best practices within over safety and remarked was false and this was a
gators said. The NTSB acknowledged their industry," said Schum- that pilots who complained death trap!"
"This is a loophole that those issues but put most er, a New York Democrat. "can't get their snowflake Video from a GoPro cam-
one could fly a helicopter blame for the passengers' "The helicopter company feelings hurt," according to era in the cabin of the he-
or drive a truck through," drowning deaths on Fly- has proven time and again Homendy. licopter shows passengers
NTSB Vice Chairman Bruce NYON and the hard-to- to be reckless, brazen and In a statement, FlyNYON struggling to free them-
Landsberg said at a Wash- escape harnesses that it a hazard high above, and said safety has always selves from the tight har-
ington hearing on the installed on top of federally even down below." been its "first priority and we nesses as the aircraft fills
crash. mandated restraints. In addition to a standard have made changes to our with water, investigators
NTSB member Jennifer Ho- Vance, the pilot, was wear- lap belt and upper body operations to help ensure said.
mendy called it "an egre- ing just a seat belt and was restraint, FlyNYON provided an accident like this never "How do I cut this?" one
gious interpretation of cur- able to free himself, investi- passengers with a nylon happens again." passenger asks.
rent regulations." gators said. fall-protection harness — FlyNYON said it now oper- The FAA grounded doors-
The Federal Aviation Ad- The passengers could have akin to something bought ates its own helicopters off flights after the crash,
ministration told the board survived if not for the sup- at Home Depot — that with its own pilots. Liberty but they've since resumed
that the exemption is meant plemental restraints, the could be released only by declined to comment, say- with requirements that re-
for things like newsgather- board said, recommend- cutting a tether with a pro- ing the crash remains sub- straints be released with just
ing, commercial photogra- ing that the FAA ban such vided knife or unscrewing ject to active litigation. a single action in an emer-
phy and film shoots — not devices until the agency a carabiner at their backs, Gary Robb, a lawyer for gency.
sightseeing tours, which are can get a handle on regu- investigators said. passenger Trevor Cadi- FlyNYON says it now uses
subject to stringent com- lating them. The board also slammed gan's family, said in an an FAA-approved, quick-
mercial aviation standards, Sen. Charles Schumer said the safety culture at FlyN- email that the companies release harness system on
including FAA-approved the NTSB's findings made YON, which arranged the "recklessly represented that all doors-off flights, allowing
training and maintenance clear that FlyNYON should flight, and Liberty Helicop- passengers would be able "fast and simple exit in case
programs. stop doors-off flights. ters, the company that Fly- to escape from these har- of an emergency."q