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SASless
23rd Jul 2006, 14:42
The US government is reacting to the lamentable safety record of the US EMS Helicopter industry.

The original article can be found at the AAMS website.



FAA Operational Control Meeting and Recent Wet Lease Guidance
In the interests of flight safety, several efforts are under way by the FAA to increase awareness to issues of operational control and the practice of illegal wet leases. The purpose of this effort is to ensure that the Part 135 certificate holder maintains operational control over all flights conducted under that certificate, and to make certain that that operator is accountable for the flight in the event of an accident or incident.

The most significant of those efforts is a proposed change to OpSpec A008.
The purpose of the proposed change is to clearly define who maintains operational control over the flight, who is accountable in the event of an accident or incident during that flight, and what rules and regulations did the Part 135 certificate holder employ on that flight to ensure the safest possible operation. The proposed change hopes to accomplish that purpose by clearly outlining flight management responsibilities of both the pilot and the certificate holder.

The FAA, in coordination with NATA and NBAA, held several meetings focusing on the issue of operational control in order to educate the aviation community on these changes. AAMS was encouraged to participate in the most recent meeting in Dallas on June 29th, 2006. There were several hundred representatives from the greater Dallas aviation community in attendance, as well as several presenters from the FAA, including representatives from the Office of Chief Counsel and AFS 250.

The presentations from that meeting are listed below, as is a draft copy of the proposed OpSpec A008 revisions. Please feel free to download and view these informative documents and presentations. The FAA hopes to have the official OpSpec A008 revisions released in late August.

In addition to these materials, several representatives from AFS 250 will be on hand at AMTC Phoenix, and will make a presentation at that time on the proposed changes and the effects they may have on HEMS and fixed wing air ambulance operations. AAMS will announce the date and time of that presentation as soon as that information is available.

For more information please contact Christopher Eastlee at (703) 836-8732 or [email protected].

Draft A008 Op Spec Changes
Presentation 1: Methods of Exercising Operational Control
Presentation 2: Responsibility for Operational Control During Part 135 Operations
Presentation 3: Operational Control
Presentation 4: The Loss, Improper Relinquishment, or Surrender of Operational Control - Lessons Learned

Government Accountability Office Initiates Report on Air Medical Services
Study Prompted by Congressional Interest.

AAMS has been informed that the Government Accountability Office (GAO) has initiated a study on air medical services on behalf of the Transportation and Infrastructure Committee in the United States House of Representatives. This interest of Congress was prompted by numerous media articles highlighting air medical accidents over the last three years.

The GAO is the federal agency that investigates government programs and the private companies and organizations that utilize those programs. Private air ambulances take part in several government programs; Medicare, Medicaid, and the federal air traffic system are only a few examples. Air medical services also provide for the public safety, and while the majority operate privately and for profit, they can still be considered, at least in this instance, by Congress as part of the public domain.

AAMS was initially contacted about the possibility of this type of study in 2005; however, the events in the Gulf region late last year may have delayed the beginning of the investigation until this month. AAMS staff met with the GAO investigative team on April 5th, 2006 in Washington, DC. This meeting focused on a variety of introductory information concerning the air medical community, especially the necessity of air ambulance operations and the growing need for those operations in today’s healthcare system.

AAMS is fully committed to providing as much information as necessary to the investigatory team in order to maximize the report's positive outcome. The GAO assures us that the intent of this report is to find ways in which the federal government can better assist in the safe operation of air medical services.

Representatives from the GAO estimate that the report will take less than a year to complete; however, they are starting this work from a very limited understanding of air medical services and are committed to taking as long as necessary in order to provide Congress with as accurate and complete a report as possible. GAO investigators have also indicated to AAMS that they plan to visit programs, hospitals, and operators in order to get a more complete sense of the air ambulance community. They also plan to visit several different types of operations, including both fixed wing and rotor wing (and operations that employ both), IFR capable and VFR only, hospital based and corporate models. They are determined to develop a clear and concise report that covers every facet of the industry.

AAMS will continue to monitor the efforts of the GAO and are working closely with their investigative team. If your program or company is contacted by the GAO, AAMS urges its members to be as fully cooperative as possible without interrupting normal operations. This report can have a very positive impact on air medical operations in the United States, and may significantly change the way Congress and the federal government understands the necessity of air ambulance operations.

Get Up to Date on Air Medical Issues!
AAMS has prepared talking points for members to use as a resource when interacting with Congress on behalf of emergeny medical transport. These one-page documents can be used as a resource whether you have appointments scheduled with your Representatives during the AAMS Spring Conference in Washington, or if you are communicating with your Representative(s) while at home. Please click on the links below for the 2006 Legislative Issue Papers.

Issue 1: Including Air Medical Services in Federal Disaster and Terrorism Response Plans
Issue 2: AAMS Talking Points on Reimbursement Reform
Issue 3: Air Medical Safety Initiatives
Issue 4: Air Medical Services Federal Excise Tax Exemption Extension
Issue 5: Public Safety Officer Death Benefit
Issue 6: Increasing Weather Reporting Stations

The Foundation for Air-Medical Research and Education (FARE) has released their White Paper, Air Medicine: Accessing the Future of Healthcare. This document contains valuable information on the air medical field, and is a great resource to share with your Representatives on Capitol Hill. It is available in PDF format on the FARE website at www.fareonline.org.

NTSB Releases Recommendations A-06-12-15 to the FAA Regarding Air Medical Services
AAMS is currently scheduling individual meetings with NTSB Board Members, and has released a formal response to the four NTSB recommendations resulting from the January 25th NTSB Board Meeting held in Washington, DC.

AAMS Response to the NTSB

The National Transportation Safety Board recommends that the Federal Aviation Administration:
Require all emergency medical services operators to comply with 14 Code of Federal Regulations Part 135 operations specifications during the conduct of all flights with medical personnel onboard. (A-06-12)

Require all emergency medical services (EMS) operators to develop and implement flight risk evaluation programs that include training all employees involved in the operation, procedures that support the systematic evaluation of flight risks, and consultation with others trained in EMS flight operations if the risks reach a predefined level. (A-06-13)

Require emergency medical services operators to use formalized dispatch and flight-following procedures that include up-to-date weather information and assistance in flight risk assessment decisions. (A-06-14)

Require emergency medical services (EMS) operators to install terrain awareness and warning systems on their aircraft and to provide adequate training to ensure that flight crews are capable of using the systems to safely conduct EMS operations. (A-06-15)

For more information please contact:
Chris Eastlee
Association of Air Medical Services
Government Relations Assistant
(703) 836-8732
(219) 743-3188 (Mobile)
[email protected]

House Air Medical Caucus Information
Rep. Thomas Allen (ME) and Rep. J.D. Hayworth (AZ) are have officially formed the House Air Medical Caucus. By joining this important Congressional Membership organization, House members express their support for air medical issues and work together to further legislation that provides sorely needed federal support for the air medical community. The caucus has bi-partisan leadership, thus making membership more attractive on both sides of the political aisle.

The first caucus meeting was held on October 19th at the Longworth House Office Building in Washington, DC. Both Co-Chairs attended the meeting, speaking on the importance of air medical transport in today's health care enviornment. The caucus meeting was largely educational in nature, and very well attended by House Congressional staff. The House Air Medical Cacus has already generated two new members: Rep. Jim Ramstead of Minnesota and Rep. Mike Michaud of Maine.

A second caucus meeting was held in conjuction with the AAMS Spring Conference in Washington, March 10, 2006. Membership in the caucus continues to grow as we expand the legislative priorities for this organization. We continue to seek additional participants. For more information on how to inform your Congressman on how to join the House Air Medical Caucus, or what that membership would entail, please contact the AAMS Government Relations Office at (703) 836-8732 ext. 102, or by email at [email protected].

sox6
24th Jul 2006, 04:39
FAA Press Release No. AOC 18-06
July 21, 2006

FAA Revokes Air Carrier Certificate of American Flight Group, Inc. and Fines Medway Air Ambulance $1 Million
WASHINGTON, DC — The Federal Aviation Administration (FAA) has revoked the air carrier certificate of American Flight Group, Inc. (AFG), based in Annapolis, Maryland. In a related case, the FAA and Medway Air Ambulance, Inc. of Lawrenceville, Georgia have reached a settlement agreement that calls for Medway to pay a civil penalty of $1,000,000, for operating as an air carrier without an air carrier certificate, in violation of the Federal Aviation Regulations.
In an Emergency Order of Revocation issued to AFG on May 19, 2006, the FAA determined that AFG allowed other companies that did not hold air carrier certificates or did not have sufficient authority under their own certificates to operate flights for hire under the AFG certificate. The FAA found that AFG permitted these other companies to list their aircraft on AFG’s operations specifications for a fixed monthly fee. These other companies, not AFG, then exercised operational control over the flights and the flight crewmembers, in violation of the Federal Aviation Regulations.
Although AFG appealed the revocation order to the National Transportation Safety Board, AFG withdrew that appeal, which means that the order issued by the FAA is final.
The settlement with Medway was reached after the FAA issued an Emergency Cease and Desist Order requiring the company to cease its illegal operations. The FAA determined that Medway entered into agreements with AFG that allowed Medway's aircraft to operate under AFG's certificate for a monthly fee. However, Medway, not AFG, was exercising operational control over those flights.
“These cases send a strong message that the FAA strictly enforces its safety regulations and will take action in situations where an air carrier is engaged in the franchising or rental of its air carrier certificate,” said FAA Administrator Marion C. Blakey.
These FAA actions resulted from a continuing national review and investigation of air taxi operational control issues. Since last spring, the FAA has taken enforcement actions against two other air carriers — Darby Aviation and American Air Network — that permitted uncertificated companies to operate under their certificates when the certificate holder did not exercise operational control over the flights.

topendtorque
24th Jul 2006, 13:14
sox or sas
seems mighty strange that an operator was so lax as to be unable to demonstrate their chief pilot involvement.

puts everyone at risk.

More interesting times, not only EMS but all part 135 methinks.

watch other countries jump on the band wagon, or try to as their regulatory operatives interpret in indiviual fashion rather than as part of government policy!

SASless
24th Jul 2006, 13:52
The AFG website claims 23 years of accident/incident service and notes there were no insurance claims over their time of doing business. Makes one wonder how they ran afoul of the FAA. There are some EMS operators that have had six crashes and numerous incidents in one year which are still operating.