DCA09FA025

NTSB accident investigation · Embraer EMB145 · New York, NY · December 31, 2008

Accident · No injuriesField investigationFinal report
Date
December 31, 2008, 12:59 local (17:59 UTC)
Place
New York, NY
Injuries
53 uninjured
Damage
Substantial damage
Phase of flight
Pushback/towing
Aircraft
N844MJEmbraer EMB145
Defining event
Pushback/tow-engine not oper: Miscellaneous/other
Weather
Instrument (IMC) · Day
Status
Completed · report December 27, 2011
Report
Approved by Office Director
NTSB office
Major Investigations Division
Parties
Freedom Airlines
FAA report
20081231856979A
Case key
73231

From the NTSB’s public API. By law, NTSB reports can’t be used as evidence in lawsuits over the accident.

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Probable cause

The tug driver's failure to comply with ramp safety procedures.

Findings · 1

NTSB’s coded findings. Those marked are part of the probable cause; the rest are factors or other findings. Under each, the cases with the same finding.

Towing and taxiing: taxiingAircraft › Aircraft handling/service · Not specifiedEmbraer EMB-145LR: 1 caseAll aircraft: 27 casesProbable cause

Sequence of events

The events NTSB coded, in order, by phase of flight. The defining event is the one that best describes the accident. Under each, the cases with the same event anywhere in their sequence.

Analysis

The pilot stated that the airplane was parked at Gate M, and they were in the process of calling for pushback from the gate when the airplane's right aileron and wing assembly were struck by a baggage cart attached to a ground tug. The tug operator stated that due to heavy winds and pelting sleet his vision was impaired and that he had closed his eyes just prior to his tug nearing the wing. The operator's investigation identified a number of factors that contributed to the tug driver's collision with the parked airplane including failure to follow procedures when operating motorized equipment inside the Diamond of Safety, failure to properly position safety cones on the right wing, failure to ensure safe driving in inclement weather, and failure to take a safety time out when unsure of the intended path of the moving vehicle.

Factual narrative

HISTORY OF FLIGHT On December 31, 2008, about 1259 eastern standard time, an Embraer EMB-145LR, N844MJ, registered to Wells Fargo Bank Northwest Trustee, and operated by Freedom Airlines, Inc., as a Delta Connection flight, was impacted by a tug while sitting at the gate loaded and ready for pushback. There were no injuries to the airline transport-rated pilot, first officer, flight attendant, and 50 passengers onboard. The airplane incurred substantial damage. The pilot stated that the airplane was parked at Gate M, and they were in the process of calling for pushback from the gate when the airplane's right aileron and wing assembly were struck by a baggage cart attached to a ground tug. The tug operator stated that due to heavy winds and pelting sleet his vision was impaired and that he had closed his eyes just prior to his tug nearing the wing. DAMAGE TO AIRPLANE The airplane sustained substantial damage to the right wing, which included cracking and tearing of the upper and lower wing skin panels and splice plates. A portion of the wingbox web upper and lower flange on the right wing was also bent and cracked at the aft end. In addition, the aileron hinge bracket was bent, and the composite splice plate in the outerwing area of the right wing, from the leading edge to the wing tip, delaminated at its forward radius. ADDITIONAL INFORMATION The operator reported a number of factors that contributed to the tug driver's collision with the parked airplane including failure to follow procedures when operating motorized equipment inside the Diamond of Safety, failure to properly position safety cones on the right wing, failure to ensure safe driving in inclement weather, and failure to take a safety time out when unsure of the intended path of the moving vehicle.

Aircraft

Registration
N844MJ
Reported as
Embraer EMB145 (LR)
Category
Airplane
Serial number
145481
Engines
Allison AE3007, 7,580 lbs thrust, turbo fanAE3007, 7,580 lbs thrust, turbo fan
Damage
Substantial damage
Flight
Part 121
Operator
Freedom Airlines Inc.,, doing business as Delta Connection
Registered owner
Wells Fargo Bank Northwest NA
Airworthiness certificate
Standard, Transport
Last inspection
Continuous airworthiness · December 7, 2008 · 135 hours before
Departed
JFK · New York, NY
Destination
JFK · New York, NY
Flight plan
IFR
Airport
JFK · John F. Kennedy International

Matched to the registry by N-number and the event date; the registry’s history has gaps, so older matches can be wrong. Compare the reported make and model.

Flight crew · 2

As NTSB recorded them. NTSB leaves out names.

Role
Pilot
Age
45
Injuries
None
Certificates
Airline transport, Flight instructor
Airplane ratings
Multi-engine land, Single-engine land
Instrument ratings
Airplane
Medical
Class 1, Without waivers/limitations
Last flight review
November 22, 2008
Seat
Left
Flight hours
5,821 total · 2,883 in this make and model · 212 in the last 90 days · 58 in the last 30 days · 3 in the last 24 hours
Role
Co-pilot
Age
28
Injuries
None
Certificate
Commercial
Airplane ratings
Multi-engine land, Single-engine land
Instrument ratings
Airplane
Medical
Class 1, Without waivers/limitations
Last flight review
July 13, 2008
Seat
Right
Flight hours
1,990 total · 1,100 in this make and model

Weather

Conditions
Instrument (IMC) · Day
Visibility
6 statute miles
Lowest ceiling
1,300 ft broken
Temperature
28 °F, dew point 21 °F
Altimeter
29.52 inHg
Observed at
JFK

FAA reports on this event · 1

The FAA’s own accident and incident reports, matched to the aircraft by N-number and date.