# NTSB DCA09FA025: Embraer EMB145, N844MJ, New York, NY, December 31, 2008 - Type: NTSB accident investigation - Classification: Accident · No injuries · Field investigation · Final report - Date: December 31, 2008, 12:59 local (17:59 UTC) - Place: New York, NY - Coordinates: 40.63972, -73.770278 - Nearby events: https://openairdocs.org/map.md?lat=40.6397&lon=-73.7703&mi=10 - Phase of flight: [Pushback/towing](https://openairdocs.org/ntsb-phases/200) (OpenAirDocs' grouping) - Defining event: [Pushback/tow-engine not oper: Miscellaneous/other](https://openairdocs.org/ntsb-events/900) - Highest injury: No injuries - Injuries: 53 uninjured - Status: Completed, report December 27, 2011 - Report: Approved by Office Director - NTSB office: Major Investigations Division - Parties: Freedom Airlines - NTSB case key (mKey): 73231 - NTSB case page: https://web.ntsb.gov/investigations/?ntsbnumber=DCA09FA025 - NTSB report (PDF, downloads): https://data.ntsb.gov/carol-repgen/api/Aviation/ReportMain/GenerateNewestReport/73231/pdf - Page: https://openairdocs.org/ntsb/DCA09FA025 ## Probable cause The tug driver's failure to comply with ramp safety procedures. ## Findings NTSB's coded findings; those marked are part of the probable cause. - [Towing and taxiing: taxiing](https://openairdocs.org/ntsb-findings/01010920): Aircraft › Aircraft handling/service · Not specified (probable cause); cases with it: [Embraer EMB-145LR, 1 case](https://openairdocs.org/ntsb-findings/01010920/cases.md?model=3260212), [All aircraft, 27 cases](https://openairdocs.org/ntsb-findings/01010920/cases.md) ## Sequence of events The events NTSB coded, in order, by phase of flight. The defining event best describes what happened. - [Standing-engine(s) not oper: Aircraft servicing event](https://openairdocs.org/ntsb-events/020); cases with it: [Embraer EMB-145LR, 1 case](https://openairdocs.org/ntsb-events/020/sequence.md?model=3260212), [All aircraft, 70 cases](https://openairdocs.org/ntsb-events/020/sequence.md) - [Pushback/tow-engine not oper: Miscellaneous/other](https://openairdocs.org/ntsb-events/900) (defining event); cases with it: [Embraer EMB-145LR, 3 cases](https://openairdocs.org/ntsb-events/900/sequence.md?model=3260212), [All aircraft, 1,556 cases](https://openairdocs.org/ntsb-events/900/sequence.md) ## 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](https://openairdocs.org/deregistered/N844MJ-2014-05-08), registration cancelled 2014-05-08, S/N 145481, built 2001 (OpenAirDocs) - Reported make and model: EMBRAER EMB145 (LR) - Registry model: [Embraer EMB-145LR](https://openairdocs.org/model/embraer-emb-145lr) (registry code 3260212) (OpenAirDocs) - Registry engine: [Rolls-Royce AE-3007A1P](https://openairdocs.org/engine/rolls-royce-ae-3007a1p) (registry code 54571, turbo-fan) (OpenAirDocs) - Category: Airplane - Serial number: 145481 - Engines: ALLISON AE3007 7580 lbs thrust turbo fan; AE3007 7580 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 ## Flight crew As NTSB recorded them. NTSB leaves out names. - Pilot; age 45; injuries: none; 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 - Co-pilot; age 28; injuries: none; 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 (OpenAirDocs). - [Accident 20081231856979A](https://openairdocs.org/incident/20081231856979A), Dec 31, 2008: Emb EMB145LR, New York, NY, Substantial damage. (-23) While the aircraft was parked prior to pushback, with passengers on board, substantial structural damage occurred to the right aileron and outer wing box… From the NTSB's public API. Aircraft are matched to registry aircraft by N-number and event date, checked against the reported serial number, make and model; the registry's history has gaps, so older matches can be wrong. Compare the reported make and model. --- OpenAirDocs.org is an independent research project of [Contrail Labs](https://contraillabs.com/). It is not affiliated with the FAA or the NTSB. Source documents are U.S. government works in the public domain.