FALLING ASLEEP AT THE WHEEL NOT JUST LIMITED TO TRUCK DRIVERS, BUS DRIVERS OR OTHER COMMON CARRIERS - SURPRISINGLY AND SHOCKINGLY - 2 AIRLINE PILOTS WERE SUSPENDED FROM SERVICE DUE TO RECKLESS AND CARELESS OPERATION OF A COMMERCIAL PASSENGER AIRCRAFT
PA PERSONAL INJURY ATTORNEY, JEFFREY REIFF, SPEAKS OUT ABOUT THIS BELIEVE IT OR NOT STORY
According to a report issued by the Associated Press on September 24, 2008, two pilots for Hawaii’s Go! Airlines, who slept through their flight’s landing procedure, were suspended for careless and reckless operation of an aircraft according to the Federal Aviation Administration on Tuesday, September 23rd. Captain Scott Oltman, 54, was cited for failing to maintain radio communications and had his license suspended for 60 days and First Officer Dillon Shepley, 24, was suspended for 45 days. No action was taken against Go! Airlines because accordingly, “they did nothing wrong and provided the pilots with a 15 hour break before their shift, nearly double what the FAA requires”. The National Transportation Safety Board had determined that the two pilots fell asleep on a February 13th flight from Honolulu to Hilo. Captain Scott Oltman was later diagnosed with severe obstructive sleep apnea which causes people to stop breathing repeatedly, preventing a restful night of sleep. It is still unclear how both pilots fell asleep on a brief morning flight which was carrying 40 passengers. No problems were found after examining the aircraft’s pressurization and carbon monoxide level. The pilots failed to respond to nearly a dozen calls from air traffic controllers over a span of 17 minutes. In recordings obtained by the Associated Press, the controller was heard repeatedly trying to contact the pilots and talks to the pilot on another Go! flight in hopes of reaching Flight 1002. According to the AP report, finally after 44 minutes into what is normally a 45 minute flight, the controller was able to establish radio contact with the pilots. By that time, the plane had passed the airport at Hilo by 15 miles. The controller ordered the flight crew to return. (news article)
As I review this article, I am astounded, however not really so, as I think about the many cases we have handled involving commercial vehicles, including bus drivers and truck drivers and railroad workers where sleep apnea of “falling asleep at the wheel” was diagnosed as a major cause of fatal accidents. As noted in my September 5, 2008 blog, Federal regulations in the near future will mandate truck and bus drivers in safety sensitive positions to be tested for sleep disorders to decrease crash rates and fatalities. It was determined that many truck drivers, bus drivers and railroad workers suffered from a disorder known as obstructive sleep apnea, which was diagnosed as a major cause of excessive daytime sleepiness, leading people to fall asleep while sitting, reading and even driving. According to yearly statistics, more than 13,000 fatalities and 70,000 injuries were directly caused by drowsy driving. Surprisingly, 53% of Americans report driving while drowsy and another 19% have reported nodding off while behind the wheel, and another 23% of American drivers claim to personally know of someone who has crashed due to drowsy driving.
It is our expectation that pilots of an aircraft should be held to a higher standard than truck drivers, bus drivers and railroad workers as their task involves more intricate skills and responsibility, as well as charges them with the safety of hundreds of passengers on the plane as well as victims on the ground. While the Federal Motor Carrier Safety Administration (FMCSA) has taken positive action with regard to commercial drivers and has established a panel on sleep apnea to determine the prevalence of sleep apnea on commercial truck drivers, we highly recommend and suggest that airlines follow their footsteps.
More frightening as I started to research this issue, as it raised personal concerns for myself (nervous flyer that I am), I became aware of many situations where pilots had sleep apnea but still were flying. Surprisingly, diagnoses of sleep apnea will not disqualify you from a pilot’s license. However, you have to prove to the FAA that you have a waiver in the form of a special issuance medical. No, it is not a disqualification, you just need to show that you are under treatment and a letter from your doctor saying the treatment works. Verbatim from the AOPA website - Sleep Apnea.
At the time of your next examination, you will need to provide your aviation medical examiner with a current status report from your treating physician. If the information is acceptable to the AME and you are found to be otherwise qualified, your AME may issue your medical certificate at that time. The report should include a current status report that mentions the present treatment and whether it has eliminated the symptoms. The report should also include specific comments about daytime sleepiness. If there is any question about treatment compliance, a maintenance wakefulness test will be required. The AME should defer the application to the regional flight surgeon or aerospace medical certification division if:
1. There is any question concerning adequacy of treatment;
2. There is evidence of non-compliance with therapy;
3. The maintenance of wakefulness test is positive (abnormal); and
4. The development of any associated illness such as heart failure is noted.
Traditionally, air travel has represented one of the safest modes of transportation. However, when an aviation accident occurs the resulting injuries can be catastrophic. In particular, accounts involving commercial airplanes offer the potential of leaving hundreds of families devastated by their losses.
Investigating an aviation accident is a complex process. Pilot error and mechanical difficulties are often common causes. Other factors include manufacture or design defects improper inspections, poor maintenance, air traffic controller errors and inadequate security. Proving the cause of an aviation accident can be difficult. At the Pennsylvania personal injury law firm of Reiff and Bily, we are skilled in handling complex personal injury cases and have established relationships with experts and attorneys nationwide and we know how to properly investigate and prove your claim.
For a free consultation, call 1-800-421-9595 or contact us online at www.reiffandbily.com.
