Detailed Summary

Requires a pilot of an aircraft providing emergency medical services to comply with federal crewmember flight time and duty period and rest requirements whenever there is a medical crew on board, without regard to whether there are patients on board. Requires the Administrator of the Federal Aviation Administration (FAA) to initiate a rulemaking to: (1) require pilots of aircraft providing emergency medical service to use a standardized checklist of risk evaluation factors to determine whether a mission should be accepted; (2) establish performance based flight dispatch procedures for such pilots; and (3) require, after a certain feasibility study is done, flight data and cockpit voice recorders on board such aircraft.<br>

Status of the Legislation

Latest Major Action: 10/24/2007: Referred to House subcommittee. Status: Referred to the Subcommittee on Aviation.

Points in Favor

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Points Against

40 Mile Air, Ltd. of Tok, AK is adamantly opposed to H.R. 3939 as its provisions will not increase operational safety and has the potential to accomplish the opposite. As shown below, FAR part 91 provides sufficient regulation to provide for operational safety.

Using our operation as an example, we serve a rural community that is a minimum of three hours from the nearest hospital by ground ambulance. By having an aircraft in Tok we can have a patient airborne within thirty minutes from the call and to a hospital one hour after lift-off. If we have to call another service, it would take a minimum of one and one half hours for the aircraft to arrive in Tok, if they could even land. Under FAR part 135 before an aircraft can commence an instrument approach they must have weather reporting at the destination airport from an approved weather-reporting source, which Tok does not have. The only means of arriving in Tok on an IFR flight plan under FAR part 135 is to fly the approach to Northway, which is fifty miles east of Tok, and then fly under the weather at night, with no visual reference to the ground, and in mountainous terrain. While this is clearly not conducive to safety, it is legal under FAR part 135. A professional pilot will not try this maneuver but it illustrates clearly that rules do not ensure safe operation, properly trained professionals do. For each rule or regulation added to the books, the professional looses another tool from their inventory. As we operate now if our flight crews were to be at the end of their duty time away from base we have some options. They would evaluate their situation considering all available data including weather conditions and level of fatigue and make a decision whether or not to fly back to base. If they deem conditions contrary to safety, they would go to a hotel and rest before returning. If the weather conditions are acceptable and the crew feels rested they can fly back, having the aircraft back in service sooner with a new crew. Additionally when a patient is not aboard, under FAR part 91, we can conduct training. This allows pilots new to the operation and not yet certified to act as Pilot in Command of the aircraft under FAR part 135 to gain real world experience under the supervision of a skilled company instructor thus further improving operational safety. The rising costs of fuel are escalating our need to make the most efficient use of our aircraft as one hour of flight time costs us, in fuel alone, $400.00 and training a new pilot can take ten to fifteen flight hours.

Alternatively, what would be of use is a means of protection for the Air Ambulance crews from persecution by their employers when the Pilot in Command exercises their authority under FAR part 91.3 to refuse a mission for reasons of safety including crew fatigue. Additionally, educating flight crews alongside medical crewmembers would also promote communication and respect between flight and medical crewmembers by having them cross train on their decision making process for each of their fields. Medical crewmembers would feel more inclined to voice safety concerns and the flight crew more receptive to their input, enhancing operational safety. This is something 40-Mile Air already does and it has proven effective.

Our flight and medical crews are professionals, they are aware of the risks associated with their professions and trained to mitigate those risks. Additional regulation will only duplicate what is already in place, increase the amount of paperwork and cost of operation for the Air Ambulance service provider, and greatly hinder Air Ambulance service to rural communities.

Federal Aviation Regulations: Part 91

91.3 Responsibility and authority of the pilot in command.

(a) The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.

91.13 Careless or reckless operation.

(a) Aircraft operations for the purpose of air navigation. No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another.

91.103 Preflight action.

Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include:

(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.

91.119 Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

(d) Helicopters. Helicopters may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section if the operation is conducted without hazard to persons or property on the surface. In addition, each person operating a helicopter shall comply with any routes or altitudes specifically prescribed for helicopters by the Administrator.

91.123 Compliance with ATC clearances and instructions.

(a) When an ATC clearance has been obtained, no pilot in command may deviate from that clearance unless an amended clearance is obtained, an emergency exists, or the deviation is in response to a traffic alert and collision avoidance system resolution advisory. However, except in Class A airspace, a pilot may cancel an IFR flight plan if the operation is being conducted in VFR weather conditions. When a pilot is uncertain of an ATC clearance, that pilot shall immediately request clarification from ATC.

(b) Except in an emergency, no person may operate an aircraft contrary to an ATC instruction in an area in which air traffic control is exercised.

(c) Each pilot in command who, in an emergency, or in response to a traffic alert and collision avoidance system resolution advisory, deviates from an ATC clearance or instruction shall notify ATC of that deviation as soon as possible.

(d) Each pilot in command who (though not deviating from a rule of this subpart) is given priority by ATC in an emergency, shall submit a detailed report of that emergency within 48 hours to the manager of that ATC facility, if requested by ATC.

(e) Unless otherwise authorized by ATC, no person operating an aircraft may operate that aircraft according to any clearance or instruction that has been issued to the pilot of another aircraft for radar air traffic control purposes.

The above regulation's are but a small sample from part 91. To view the complete publication go to www.ecfr.gpoaccess.gov