Ferguson v. NTSB
Encyclopedia
Ferguson v. NTSB , 678 F. 2d 821 (9th Cir. 1982) is a landmark aviation ruling by the United States Court of Appeals for the Ninth Circuit
handed down on June 2, 1982.
On July 31, 1979 Lowell G. Ferguson was the captain of Western Airlines
Flight 44 from LAX (Los Angeles), California to seven locations, including Las Vegas, Nevada
, Denver, Colorado
, and Sheridan, Wyoming
. Ferguson, with over 12,000 hours of flying experience, had never been found in violation of any Federal Aviation Regulations.
It was the first officer, James Bastiani, who flew the aircraft, while Ferguson handled radio communications. However, due to Aviation Regulation, Ferguson was considered the PIC (Pilot in Command) as Captain of the aircraft.
At approximately 10:00 pm, the plane mistakenly landed at Buffalo, Wyoming thinking the airport to be their destination airport of Sheridan. While there was no emergency and no injuries, some damage was done to the airport tarmac that was not constructed to hold the weight for a commercial airliner. (The aircraft was a Boeing 737
.)
On November 28, 1979 the FAA suspended Ferguson's ATP (Airline Transport Pilot) certificate for 60 days, and charged Ferguson with violation of four sections of the Federal Aviation Regulations
(FAR): (1) § 91.75(a) (14 C.F.R. § 91.75, deviating from an air traffic control clearance; (2) § 121.590(a) (14 C.F.R. § 121.590), landing at an airport not certificated under part 139 of the Federal Aviation Regulations; (3) § 121.555(b) (14 C.F.R. § 121.555), landing at an airport not listed in the Western Airlines Operations Specifications; and (4) § 91.9 (14 C.F.R. § 91.9), operating an aircraft in a careless or reckless manner so as to endanger the life or property of another.
Ferguson appealed the suspension and claimed he was entitled to a waiver of punishment under the "inadvertent and not deliberate" provision of an Aviation Safety Program referred to ASAP (Aviation Safety Action Program).
While the NTSB agreed the Ferguson's actions were not deliberate, his appeal was rejected when the court decided his actions were reckless and in violation of a key FAR § 91.5 that require a pilot to familiarize him/her self with all available flight information, and a company policy (Western Airlines Flight Operation Manual, P 5.3.3.C) that required him to use a radio navigational instrument to identify the airport before landing. Ferguson claimed he "saw the runway and assumed it was the right airport".
The ruling coined the phrase "inadvertent and not deliberate actions cannot encompass reckless conduct". In essence, Ferguson was suspended even though he made an "honest mistake", because as a professional pilot he was expected to do whatever he could to avoid that mistake. That, by his own admission, he failed to do.
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
handed down on June 2, 1982.
On July 31, 1979 Lowell G. Ferguson was the captain of Western Airlines
Western Airlines
Western Airlines was a large airline based in California, with operations throughout the Western United States, and hubs at Los Angeles International Airport, Salt Lake City International Airport, and the former Stapleton International Airport in Denver...
Flight 44 from LAX (Los Angeles), California to seven locations, including Las Vegas, Nevada
Las Vegas, Nevada
Las Vegas is the most populous city in the U.S. state of Nevada and is also the county seat of Clark County, Nevada. Las Vegas is an internationally renowned major resort city for gambling, shopping, and fine dining. The city bills itself as The Entertainment Capital of the World, and is famous...
, Denver, Colorado
Denver, Colorado
The City and County of Denver is the capital and the most populous city of the U.S. state of Colorado. Denver is a consolidated city-county, located in the South Platte River Valley on the western edge of the High Plains just east of the Front Range of the Rocky Mountains...
, and Sheridan, Wyoming
Sheridan, Wyoming
Sheridan is a city in Sheridan County, Wyoming, United States. The 2010 census put the population at 17,444 and a Micropolitan Statistical Area of 29,116...
. Ferguson, with over 12,000 hours of flying experience, had never been found in violation of any Federal Aviation Regulations.
It was the first officer, James Bastiani, who flew the aircraft, while Ferguson handled radio communications. However, due to Aviation Regulation, Ferguson was considered the PIC (Pilot in Command) as Captain of the aircraft.
At approximately 10:00 pm, the plane mistakenly landed at Buffalo, Wyoming thinking the airport to be their destination airport of Sheridan. While there was no emergency and no injuries, some damage was done to the airport tarmac that was not constructed to hold the weight for a commercial airliner. (The aircraft was a Boeing 737
Boeing 737
The Boeing 737 is a short- to medium-range, twin-engine narrow-body jet airliner. Originally developed as a shorter, lower-cost twin-engine airliner derived from Boeing's 707 and 727, the 737 has developed into a family of nine passenger models with a capacity of 85 to 215 passengers...
.)
On November 28, 1979 the FAA suspended Ferguson's ATP (Airline Transport Pilot) certificate for 60 days, and charged Ferguson with violation of four sections of the Federal Aviation Regulations
Federal Aviation Regulations
The Federal Aviation Regulations, or FARs, are rules prescribed by the Federal Aviation Administration governing all aviation activities in the United States. The FARs are part of Title 14 of the Code of Federal Regulations...
(FAR): (1) § 91.75(a) (14 C.F.R. § 91.75, deviating from an air traffic control clearance; (2) § 121.590(a) (14 C.F.R. § 121.590), landing at an airport not certificated under part 139 of the Federal Aviation Regulations; (3) § 121.555(b) (14 C.F.R. § 121.555), landing at an airport not listed in the Western Airlines Operations Specifications; and (4) § 91.9 (14 C.F.R. § 91.9), operating an aircraft in a careless or reckless manner so as to endanger the life or property of another.
Ferguson appealed the suspension and claimed he was entitled to a waiver of punishment under the "inadvertent and not deliberate" provision of an Aviation Safety Program referred to ASAP (Aviation Safety Action Program).
While the NTSB agreed the Ferguson's actions were not deliberate, his appeal was rejected when the court decided his actions were reckless and in violation of a key FAR § 91.5 that require a pilot to familiarize him/her self with all available flight information, and a company policy (Western Airlines Flight Operation Manual, P 5.3.3.C) that required him to use a radio navigational instrument to identify the airport before landing. Ferguson claimed he "saw the runway and assumed it was the right airport".
The ruling coined the phrase "inadvertent and not deliberate actions cannot encompass reckless conduct". In essence, Ferguson was suspended even though he made an "honest mistake", because as a professional pilot he was expected to do whatever he could to avoid that mistake. That, by his own admission, he failed to do.