After the plane crash … What next?

Our aircraft is down

HERE COMES THE FEDS THE LAWYERS ARE CIRCLING OVERHEAD (or have they landed) WHAT IS AN OPERATOR TO DO?

IMMEDIATELY AFTER THE CRASH ACTIVATE YOUR RESPONSE PLAN FOR EMERGENCIES Care Teams Investigative Teams Site Protection Teams Manage Document Retention Media Issues

NOTIFICATION TO: A. The NTSB B. The FAA – POI C. If carrying mail, then the U.S. Postal Service D. Your Insurance Broker or Underwriter E. Your Attorney

WHAT YOU SHOULD DISCUSS AND WITH WHOM

With the NTSB General Details of the Accident. Avoid Speculation, Admissions or Conjecture. Issues of Preservation of Wreckage Party Status Records to be Recovered, Produced and Copied Interviews to be Conducted and Who Should Attend All Persons are Entitled to a Lawyer. 49 CFR 831.7. Consider the issues of criminal and civil liability

All persons interviewed by the NTSB are entitled to legal representation. 49CFR831.7. Given the potential for criminal prosecution, as well as civil liability, you should not allow any employee to be interviewed without legal representation.

THE INTERVIEW PROCESS INSIST ON YOUR ATTORNEY BEING PRESENT. WHY? Assists in focusing responses Protects due process rights as appropriate Can ensure that summary as eventually typed accords with what you said Can assist in gathering information

No documents should be given to the NTSB - or anyone for that matter - until they have been copied, catalogued, and cleared through legal counsel. Any documents provided should be marked “Confidential”.

PILOT/OPERATOR ACCIDENT REPORT NTSB FORMS IMPORTANT ITEMS TO CONSIDER

NARRATIVE HISTORY OF FLIGHT RECOMMENDATION (How this accident could have been prevented?)

Anything they want, make sure to keep copies Interviews WITH THE FAA After notification, then liaise with their representatives providing same general information as to the NTSB Anything they want, make sure to keep copies Interviews

INTERVIEWS WITH THE FAA Need for an attorney or third party witness Why? FAA has two roles: Safety investigation and enforcement Issues Relating to Use of the FAA or NTSB interviews in later enforcement and proceedings

FAMILY ASSISTANCE ACT: RESPONSIBILITIES TO NTSB AND FAMILIES Timely Notifications to Families Facilitate for Family Members Lodging and Meals Provide Facts and Coordinate Information to NTSB Payments Briefings

It governs your communications with the family or passengers FAMILY ASSISTANCE ACT It governs your communications with the family or passengers Be careful of unsolicited contact Develop a family assistance plan

DO YOU NEED TO HIRE SOMEONE TO ASSIST YOU IN YOUR FAMILY ASSISTANCE MANDATED ACTIVITIES? WHO PAYS FOR THE THIRD PARTY WHO ASSISTS YOU? CAN YOU COVER THOSE EXPENSES WITH INSURANCE?

NOTIFICATION TO YOUR BROKER/UNDERWRITER General details of the accident Activities you have or plan to undertake On-scene Activities you have undertaken

Robert L. Richmond, Esq. Richmond & Quinn 360 K Street, Suite 200 Anchorage, Alaska 99501-2038 Telephone 907-276-5727 Facsimile: 907-276-2953 Email: brichmond@richmondquinn.com WWW.RICHMONDQUINN.COM