What will happen with ASAP?

[ProFracPilot]

Aviation officials say ruling could jeopardize safety reporting​

2/20/2008, 9:15 p.m. EST By JEFFREY McMURRAY​

The Associated Press LEXINGTON, Ky. (AP) — A judge's controversial ruling in a Kentucky plane crash liability case has sparked concern across the aviation industry about the long-term survival of a popular program that allows air travel workers to privately report safety violations.​

U.S. District Judge Karl Forester, who is handling several lawsuits stemming from the August 2006 crash of Comair flight 5191 that killed 49 people, ruled Tuesday that the confidential reports can be admitted into evidence.​

The decision was a blow to Comair, the airline being sued, as well as Southwest Airlines, a national pilots union and the Federal Aviation Administration — all of which filed briefs arguing that the confidential reporting system could be undermined if its information is allowed at trial.​

Comair is based in Erlanger, Ky., near the Cincinnati/Northern Kentucky International Airport.​

Capt. John Prater, president of the Air Line Pilots Association, which represents pilots who fly for Comair and 42 other airlines, said he would ask Congress to get involved to protect the Aviation Safety Action Program. It was created to allows pilots, flight attendants, air traffic controllers, mechanics and others to report problems without being identified, then pass that information on to the FAA to identify trends.​

Prater said he knew of no other time an ASAP report has been used in a liability case.​

"This has the potential of destroying the program nationwide," Prater said of the ruling. "That would be a travesty because these programs have made America's skies safer."​

Comair spokeswoman Kate Marx said the airline would continue to participate in the ASAP program despite the ruling but was exploring legal options. FAA spokeswoman Laura Brown said the agency had supported Comair in its effort to keep the information private.​

Marx said she didn't know what specific information from the database was being targeted in the case.​

Forester, whose ruling upheld a similar one in the case last month by a U.S. magistrate judge, said Comair's argument "brings to mind cymbals banging together very loudly, foretelling the destruction of the ASAP program and unsafe skies for the public." He said if the reports are supposed to be off limits in lawsuits, Congress or the FAA needs to change the regulations.​

Southwest Airlines defended its rival in a court filing.​

"Quite simply, if airline industry personnel know that filing an ASAP report has the potential to embroil them in civil litigation, they will be much less likely to report potential safety problems," Southwest's attorneys wrote.​

Comair 5191 crashed the morning of Aug. 27, 2006, after trying to take off from a Lexington, Ky., general aviation runway that was too short. The plane clipped a perimeter fence and trees before crashing on a farm less than a mile from the airport, killing 49 of the 50 people on board.​

Lawyers for the families didn't immediately return calls Wednesday seeking comment.​

 

[Galaxy]

Just another bit of proof on how lawyers and judges are changing the country. There is enough information for litigation in that accident without going after the ASAP program. Looks like it may be back to the NASA reporting program soon.

 

[Rez O. Lewshun]

What are the in house unions doing about it?

 

[B19 Flyer]

Just another bit of proof on how lawyers and judges are changing the country. There is enough information for litigation in that accident without going after the ASAP program. Looks like it may be back to the NASA reporting program soon.

The ASAP program is an excellent program and needs to be protected. It's hard to tell what they are looking for, but my best guess is that it's a pattern within the carrier that they can hang their hat on. It's all about the money. This is the first major accident since ASAP has been implemented, and it will be interesting to see if the Feds step up to the plate and protect it.

 

[fischman]

The ASAP program is an excellent program and needs to be protected. It's hard to tell what they are looking for, but my best guess is that it's a pattern within the carrier that they can hang their hat on. It's all about the money. This is the first major accident since ASAP has been implemented, and it will be interesting to see if the Feds step up to the plate and protect it.

It must be getting cold in hell, because I agree with you on that one.

 

[Guitar Guy]

B19 - you are incorrect. Unfortunately, Comair is not the first "major" crash since ASAP was implemented. American Airlines, for example, put ASAP into effect in 1994 for pilots and in 1998 for other workers. American, unfortunately, has had a fatal accident (barring 9/11) since implementing ASAP and before the Comair crash: AA 587 in New York in November, 2001.

You can read about AA's involvement with ASAP here: http://findarticles.com/p/articles/mi_pwwi/is_200001/ai_mark06991405

 

[B19 Flyer]

B19 - you are incorrect. Unfortunately, Comair is not the first "major" crash since ASAP was implemented. American Airlines, for example, put ASAP into effect in 1994 for pilots and in 1998 for other workers. American, unfortunately, has had a fatal accident (barring 9/11) since implementing ASAP and before the Comair crash: AA 587 in New York in November, 2001.

You can read about AA's involvement with ASAP here: http://findarticles.com/p/articles/mi_pwwi/is_200001/ai_mark06991405

You're right, because it's the APA that is currently threatening the original pilot program at AA that all the other programs are based on.

But it was just that, a pilot program at AA and wasn't in widespread use through the industry. Now, it's up front and personal because it could reveal information that any carrier involved in a major accident may have known about issues before they happened. Being in widespread use, the accident in LEX became the first one where enough data may exist to provide trending. Nobody wants that used in a civil lawsuit.

We can only hope that the FAA supports the industry on the program, because it's a valuable tool that continues to uncover many safety issues.

 

[Galaxy]

Nice try B19 to throw an APA dig in there. APA wants to keep the ASAP program there. AA MGT has been discliplining pilots for information gathered from those reports which are supposed to be free of any disclipline action. So if the company will not abide then the union will not cooperate. Then the program will go away. It is a two way street. Actually you posted the article yourself... Kind of reminds me of the ASAP program at FLOPS and how we almost lost it due to mgt not wanting the union involved. In fact the ASAP program has been great at FLOPS. It has relieved many people from their positions that should not have been there. Now the feds are very aware of how FLOPS runs its internal business.