Nine individuals were killed on August 8, 2009, when a helicopter tour and a small private plane collided in mid-air over the Hudson River. The crash involved a Eurocopter AS 350 BA (N401LH) operated by a licensed commercial pilot for Liberty Helicopter Tours and a Piper PA-32R- 300 (N71MC) plane operated by a licensed private pilot. The crash killed nine individuals, including both pilots, five Italian tourists on board the helicopter and two passengers on board the airplane.
Radar data and witness statements indicate that the aircraft collided at 1,100 feet in the vicinity of Stevens Point. Most of the wreckage fell in to the Hudson River; however, some small debris from the airplane, including the right main landing gear wheel, fell on land within the city limits of Hoboken, New Jersey. The majority of the helicopter was recovered on August 9, 2009, with the exception of the main rotor and transmission. The airplane wreckage, with the exception of both wings, was recovered on August 11, 2009. Data indicates that weather was not a contributing factor.
Both the helicopter and Piper plane had entered the Hudson River air corridor within minutes before the collision around 11:53 a.m. The helicopter departed West 30th Street Heliport in New York for a sightseeing tour at 11:52 a.m. The airplane departed Teterboro Airport in New Jersey, at 11:49 a.m. en route to Ocean City Municipal Airport (26N) in New Jersey.
The Motley Rice aviation team is reviewing this crash and the legal responsibility that Liberty Helicopter Tours, the Piper pilot, aircraft manufacturers, U.S. Department of Transportation and the Federal Aviation Administration may have to the families of the victims of this terrible tragedy.
If you or someone you know is interested in seeking legal recourse due to wrongful death or personal injury as a result of this accident, please contact Motley Rice aviation attorney Don Migliori (MA, MN, NY, RI) or and former Inspector General of the U.S. Department of Transportation, Mary Schiavo (DC, MD, MO, SC) by email or call + 1 800.768.4026.
Hudson River Air Corridor and Traffic Collision Avoidance Systems
The Hudson River air corridor was frequently crowded with a high volume of sightseeing aircraft that operate in an unregulated yet established air traffic pattern. Similar to a parade in the sky, the aircraft get in line and follow traffic ahead of them. Pilots experienced in the local air traffic pattern are accustomed to the procedures and go with the flow of the traffic, rather than trying to create their own route. However, this is not the only way, or even the optimal way, to manage air tour traffic.
The United States Federal Aviation Administration (FAA) has the responsibility and the authority to limit flight operations over and around famous landmarks if those operations present a threat to safety. As recently as 2006, the FAA implemented Temporary Flight Restrictions (TFR) for flight over the East River sightseeing corridor in New York City. This simple but important TFR requires all aircraft to be in constant radio contact with air traffic controllers who assist in separating conflicting traffic. Unfortunately, that change was prompted only after a fatal accident, and the TFR was not imposed on the Hudson River sightseeing corridor.
Visual Flight Rules (VFR)
At the time of the crash, both aircraft were operating under Visual Flight Rules (VFR) as permitted by the FAA in the Hudson River air corridor below 1,100 feet. Under VFR, pilots may fly under a collision avoidance mode known as “see and avoid.” Air traffic controllers may assign altitudes and headings, but pilots are responsible to look out and avoid other aircraft in the corridor. If air traffic controllers become aware of an aircraft in an unsafe position, they must make a safety alert. Pilots also can use transponders to appear on air traffic control monitors to help navigate in “see and avoid” situations.
Teterboro Air Traffic Control
On August 9, 2009, five controllers were supposed to be on duty at Teterboro Air Traffic Control Tower. However, the tower was staffed with only two controllers at the time of the crash. Air Traffic Controllers (ATC) are part of the U.S. Department of Transportation’s (DOT) Federal Aviation Administration (FAA). One controller had been in contact with the airplane pilot, monitoring potential traffic conflicts on ATC monitors, including the Liberty Tours Helicopter, in the minutes prior to the crash. He did not advise the pilot to turn to resolve the conflicts. The Teterboro controller then attempted to contact the airplane but the pilot did not respond. The collision occurred shortly thereafter. A review of recorded air traffic control communications showed that the pilot did not call Newark before the accident occurred.
The Aircraft Pilots
The pilot of the airplane, age 60, held a private pilot certificate, with ratings for airplane single-engine land, airplane multiengine land and instrument airplane. His most recent FAA third-class medical certificate was issued on May 14, 2009, with a reported total flight experience of 1,020 hours.
The pilot of the helicopter, age 32, held a commercial pilot certificate, with ratings for rotorcraft helicopter and instrument helicopter. His most recent FAA second-class medical certificate was issued on June 16, 2009, with a total flight experience of 3,010 hours.
Contact Us
The Motley Rice aviation team is reviewing this crash and the legal responsibility that Liberty Helicopter Tours, the Piper pilot, aircraft manufacturers, U.S. Department of Transportation and the Federal Aviation Administration may have to the families of the victims of this terrible tragedy.
If you or someone you know is interested in seeking legal recourse due to wrongful death or personal injury as a result of this accident, please contact Motley Rice aviation attorney Don Migliori (MA, MN, NY, RI) or and former Inspector General of the U.S. Department of Transportation, Mary Schiavo (DC, MD, MO, SC) by email or call + 1 800.768.4026.
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