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Command

here are two fundamental safety concepts in aviation. One is the "see and avoid" rule. Simply stated, all pilots have the responsibility to see and avoid another aircraft.

The second concept is equally as simple.

But the second one is more significant than the "see and avoid" rule. That concept and the rules that implement that concept define the profound responsibilities of "pilot in command." Pilot in command (PIC) includes all the historical and legal aspects one thinks about as being in command. Those responsibilities and accountability are there whether the pilot in command is flying a single-seat aircraft or a 400-passenger jumbo jet or something in between.

The next three articles in this issue highlight different aspects of being a pilot in command. Two deal with the PIC's responsibility towards passengers. The other talks about having the discipline to be PIC.

FAR $91.3, Responsibility and authority of the pilot in command, sums it up very well. That rule states in part, "(a) The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft."

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From the

"It was a warm tropical morning in southern Florida. The sun had risen about an hour before. It burned off the moisture from the sleek plexiglassTMM windscreen by the time I picked up the three men at the Boca Raton Airport. I was to take them to a movie set, on

Cockpit or location, at LaBelle.

the Court...

It's Your

Choice!

"Fifteen minutes into the flight the engine began surging, the nose of the helicopter started turning left as torque between the engine and transmission lessened due to reduced power. heard the low RPM audio come on, verifying my senses. I glanced at my RPM gauge...it was unwinding. It then decelerated to near idle. A couple of seconds later it quit.

"I had to bottom the collective to

regain rotor RPM; continued loss of rotor RPM would mean we'd fall from the sky like a brick. I applied right pedal to bring the nose back to my 12 o'clock position to complete my entry into autorotation.

"I was headed towards the only opening on the edge of Lake Okeechobee, about a quarter of a mile

away.

"I had to stretch the glide just to get to the clearing, so when we were past the trees there wasn't a lot of rotor RPM left and we came down hard. I heard metal crushing and felt my teeth gnash. I immediately smelled hot oils and burnt rubber. The landing had been rough enough to cause the upslope skid to collapse, and sever the

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tail boom."

"What did you then do?"

"I watched my passengers die!" "Mr. Allen, don't you mean you watched passengers die that YOU KILLED?"

Sound in the courtroom came to a roar as I finally came out of my trance; my inner thoughts. I was about to get on the witness stand for real, and testify to the events that took place last July. My heart was pounding. My palms were sweaty and my mouth was completely dry as the trial began.

"Ladies and gentlemen of the jury, my name is Lance Scott, and I represent these three grieving families. These families have a common bond; for they all lost loved ones in the fatal crash of a helicopter last July. I will prove to you that the pilot of that helicopter not only acted in an unprofessional manner, but he was also grossly negligent in his preparation for flight. I have no doubt that after hearing the testimony you will agree."

"The court calls Mr. Henry Allen to the stand."

Scott slowly paced back and forth, his eyes firmly fixed on Allen. "Mr. Allen, could you describe the flight in which you were pilot in command on the morning of July 22?"

"I picked up three passengers at the Boca Raton Airport, then headed west towards LaBelle."

"Describe for the jury what happened during that flight."

"While enroute I experienced a

power loss and was forced to land in a small clearing on the edge of Lake Okeechobee."

"Would you describe the landing area, please?" Scott resumed his pacing, he could see that it was unnerving Allen. Allen was irritated by the attorney's pacing. It seemed that every time he answered a question, Scott had his back to him. It was as if the answer wasn't important, only the question.

"It was approximately 60 feet in diameter, covered with sawgrass and other vegetation, some rocks, and 20 to 30 foot tall trees.

"We hit pretty hard. Then one of the blades hit the tail boom and I think we bounced. There was a lot of noise and dust, and loose objects were flying around the cockpit and cabin."

"Was the engine still running and were the rotor blades still turning after the crash?"

"Yes."

"When did the fire start?"
"I'm not sure."

"Well, was the aircraft on fire while you were still in it, or did it start after you exited the wreckage?"

"I noticed smoke coming from somewhere behind me and I yelled for everyone to get out. The guy in the left front seat was already climbing out so I jumped out and ran. When I'd gone about 50 feet, I stopped and looked back only to see my helicopter in flames."

"When you stopped and looked

back, where were your passengers?"

"I couldn't see the front seat passenger, but since he got out his side at the same time as I was leaving my side, I assumed that he was hidden by the smoke and was all right."

"What about the rear-seat passen

gers? Where were they?"

"They were still in the aircraft."
"Were they unconscious?"

"No." Allen was visibly shaken now. His face was flushed and perspiration was starting to bead above his upper lip. He wrung his hand, stopping occasionally to wipe his sweating palms on his pants.

"How could you be sure they were conscious?"

"Because I could see 'em struggling and hear them screaming." "Did you try to help them?"

"Yes, but the flames were too intense to get near the helicopter," whispered Allen. "One was beating on the plexiglass TM with his fists while the other seemed to be struggling with his seat belt."

Allen was almost destroyed by now. His voice was cracking and tears were rolling down his face.

"Where was the front seat passen

ger?"

"I moved around the front of the aircraft and saw him lying on the ground, about 10 feet upslope from the helicopter."

"Tell the court what you saw as you approached that passenger."

"He had a very large open wound on the right side of his head."

"What do you think caused the injury to the passenger's head?"

"I believe he was struck by the rotor blade when he ran upslope from the helicopter."

Allen thought to himself "I did everything the way I've always done it. It's not my fault that the engine quit. In fact, I think I did pretty good just getting it to the only open spot on the lake. I'm sorry those guys were killed, but what could I have done differently? It's not my fault that the guy ran up into the rotor blade, or one of them couldn't get his seat belt off, or the other didn't know how to open the door."

Allen was jarred from his thoughts

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