Presentation before the
American Bar Association
Seminar on Aviation Litigation
Over-View of Responsibilities of
National Transportation Safety Board
Concerning Aviation Accidents
June 28, 1996

When an aviation accident occurs, emergency response is immediate. Local authorities - including the police, fire department, paramedics and the coroner - respond to the scene as quickly as possible to secure the accident site, and insure that the wreckage is not disturbed. They provide medical care and other assistance to the survivors, and provide for the identification and removal of those who have perished.

At the same time the initial on-scene response is occurring, Federal agencies which have jurisdiction in this area are notified of the accident. This includes the Department of Transportation, the Federal Aviation Administration (FAA), the National Transportation Safety Board (NTSB), and in some cases the Federal Bureau of Investigation (FBI).

the Secretary of Transportation ensures that requested federal resources are made available, and he or she moves swiftly to take action on any safety recommendation that comes to light. The secretary does not comment on the investigation. This is the sole responsibility of the NTSB.

The FAA is required by law to be a participant. They provide technical support, but do not take part in the determination of the probable cause. The FAA also determines whether any of its activities were involved in the accident. This includes, for example, performance of FAA facilities or functions, airport operations or certification safety standards, and airworthiness of FAA-certified aircraft.

The NTSB is responsible for determining the probable cause of transportation accidents, and for formulating safety recommendations to improve transportation safety. Within hours the NTSB sends its "go-team" of investigators to the accident site. The make up of this "go-team" varies, based on the type of accident, but generally it is comprised of one of the five Board members and a half dozen or more personnel who possess a wide range of accident investigation skills. In the case of an airline accident, the NTSB supervises work teams comprised of technical experts to assist in the investigation. This may include manufacturers, airline personnel, mechanics, etc.

Unless the accident is caused by a terrorist act, the NTSB is in charge of the investigation. They secure the site in order to protect evidence, and interview witnesses. They ensure that the facts become known, and work to uncover the cause of the accident.

At this stage of the investigation, lawyers are not allowed at the crash site.

In cases where terrorism is suspected, the accident site is initially considered a crime scene, and the FBI is in charge. the NTSB will assist as requested in this effort.

The length of time the "go-team" remains on the scene varies with need, but generally a team completes its on-scene work in seven to ten days. The Safety Board remains in charge of the accident site until it determines the site is no longer critical to its investigation.

the Safety Board takes its responsibility to keep the public informed very seriously. Often, when a major accident occurs and the probable cause is not readily apparent, there is considerable speculation by the press and public about what happened. The Board follows a policy of providing factual information - and only factual information - on the progress of the investigation at regular press briefings. These briefings do not speculate about the possible causes of the accident.

The Safety Board will spend several months following the on-scene investigation, further exploring the data, to arrive at the probable cause of the accident. Approximately two to four months after an accident, factual reports written by NTSB investigators are made available in a public docket at NTSB headquarters.

As the investigation progresses, the NTSB may elect to hold a public hearing to address related safety issues as well as the probable cause of the accident. The hearing is usually held at a location near the accident site, and can sometimes be highly technical. Witnesses may be subpoenaed to testify who have impressive engineering and/or technical backgrounds. Sworn testimony is taken by a panel of NTSB officials.

Actual participation in the hearing is limited to invited witnesses and parties to the investigation. This is an opportunity for various experts to testify in an effort to explain what may have happened, and questions or statements from uninvited witnesses will not be allowed.

With the completion of the fact-finding phase, the accident investigation process enters its final stage - analysis of the facts, conditions and circumstances found. The analysis results in the Safety Board's determination of probable cause.

A draft accident report is presented to the five-member board for discussion and approval at a public meeting in Washington, D.C. The date of this meeting is published in advance in the federal register, and is also released to the media. the entire investigative process may take from seven to twelve months.