Israeli company Flytrex on Friday announced the milestone, which it believes makes it the largest commercial provider of food drone delivery in the U.S. The firm said 70 percent of the households in its delivery areas—which comprise a handful of towns in North Carolina and Texas—have used the service to deliver items such as sandwiches, hot wings, and even ice cream.

“We are focused on bringing our customers the best experience—and that includes delivery that is convenient for their schedules and preferences,” said Scott Scherer, chief information officer of Jersey Mike’s Franchise Systems.

Zipline leads the commercial drone industry in deliveries with more than 1 million as of August, but the company primarily delivers medical items such as blood samples and vaccines. Similarly, Wing, the drone delivery arm of Google parent Alphabet, has completed 350,000 deliveries as of January, flying a combination of food and convenience items with partners such as DoorDash and Walmart. But it’s unclear what proportion of those are in the U.S., as the company also has a robust presence in Australia.

Flytrex, by contrast, is focused almost exclusively on food delivery in the U.S. The company’s self-flying drones, which are monitored by FAA-certified operators, can carry up to 5.5 pounds of cargo and fly at around 32 mph, covering a range of 5 miles round trip.

Average delivery time is less than five minutes, with the fastest order being completed in just two minutes. A delivery box is fastened to the drone and lowered to the ground with a tether, protecting delicate items such as eggs. Orders are delivered either to the customer’s house or a public pickup spot.

The FAA in 2021 approved Flytrex’s request to fly over people and deliver to customers’ backyards in North Carolina, allowing it to begin flying commercially. Later that year, around the same time Flytrex launched in Texas, the agency expanded the range of the company’s service to 1 nm, then doubled it in 2022. According to the firm, the second expansion allowed it to reach nearly 100,000 customers.

Last year, Flytrex operating partner Causey Aviation Unmanned became just the fifth company—joining Zipline, Wing, Amazon Prime Air, and UPS Flight Forward—to earn FAA Part 135 permissions for drone delivery, which according to the regulator “is the only path for small drones to carry the property of another for compensation beyond visual line of sight.”

The key phrase there is beyond visual line of sight (or BVLOS as it is known in drone industry parlance), which denotes flights beyond the pilot’s field of view. The FAA has yet to finalize regulations on BVLOS operations, which has forced drone delivery providers to obtain waivers to add the permissions.

These exemptions typically expire after a couple of years. However, a Part 135 holder can have BVLOS permissions added to its certificate, as Zipline and Wing have done, rather than requesting temporary relief.

“Flytrex continuously innovates to overcome delivery challenges, ensuring our drones can handle anything from large and heavy family meals to bad weather and oddly shaped packages,” said Yariv Bash, CEO and cofounder of Flytrex.

According to Flytrex, french fries, chicken nuggets, turkey sandwiches, chicken sandwiches, and burrito bowls have been the company’s most popular restaurant orders, while bananas, limes, and ice cream reign supreme at grocery stores. About 36 percent of all grocery orders included some kind of fresh produce.

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The post Drone Firm Flytrex Makes 100K Food Deliveries in North Carolina, Texas appeared first on FLYING Magazine.

According to Piper, the M700 Fury, which was certified in March, underwent “rigorous testing for unpaved field certification.”

“The Fury’s performance was exceptional,” Ron Gunnarson, vice president of sales, marketing, and customer support at Piper Aircraft, said in a statement. “The aircraft’s robust design and construction quality ensured seamless operations in all test conditions. The certification process was also smooth with the Type Inspection Authorization (TIA) flight test being completed in just one day.”

• READ MORE: Piper Lifts the Veil on the M700 Fury, Its Fastest Single Yet

Safety is key with the Piper Fury, according to the company. The airframe comes standard with a G3000 avionics suite, including autothrottle, emergency descent mode, electronic stability protection, SurfaceWatch, SafeTaxi, and Garmin PlaneSync, along with the HALO Safety System, featuring Garmin Emergency Autoland. 

The system is designed to allow the aircraft to land safely at the nearest suitable airport in the event the pilot is incapacitated.

• READ MORE: Piper Announces FAA Type Certification for M700 Fury

The powerplant of the M700 Fury is a Pratt & Whitney PT6A-52 700 SHP capable of a maximum cruise speed of 301 ktas. The Fury has a standard useful load of 2,320 pounds and a range of approximately 1,852 nm.

The single-engine aircraft can be configured for executive transport, a cargo hauler, or both.

The post FAA Clears Piper M700 for Unpaved Field Operations appeared first on FLYING Magazine.

The idea resulted in the famous “Mercury 13,” led by Jerrie Cobb and formed in 1960. Yet many in the U.S. believed that space was no place for a woman, and Russia would become the first country to produce a female astronaut. For many of the Mercury 13, an elite group of women aviators, their hopes were dashed. Yet one would touch space, albeit nearly 60 years later—Wally Funk. 

Mary Wallace Funk was born in 1939 in Las Vegas, New Mexico. Flying was on her mind from an early age, and at 8 she attempted her first flight by jumping off her parents’ roof wearing a Superman cape. While this obviously didn’t work, her mother knew Funk had the grit needed to be a pilot, and at 9 she took her first flying lesson. 

By the time Funk reached high school, mechanics and aviation had captured her heart. She attempted to enroll in courses such as mechanical drawing yet was redirected to more “appropriate” subjects such as home economics. For Funk, this simply wouldn’t do, and she left high school to enroll at Stephens College in Columbia, Missouri. While there, she became a member of the “Flying Susies” and graduated first in her class of 24 pilots. Funk would go on to become a civilian flight instructor at 20, teaching U.S. Army officers. 

At 21, Funk volunteered for NASA’s “Woman in Space” program. Despite being younger than the recommended 25-40, she was selected and would go on to be a part of the elite Mercury 13. The rigorous tests were both physical and mental, and in some of them Funk scored even higher than John Glenn. Despite their success, however, the prevailing idea was that women didn’t belong in space, and the program would be canceled after two years.

Funk would go on to become the 58th woman to earn an airline transport pilot rating, yet could not find work with a carrier due to her gender. Not to be deterred, in 1971 she became the first female FAA flight inspector. In 1973, Funk was promoted to the FAA Systems Worthiness Analysis Program, and in ’74 she was hired by the National Transportation Safety Board as its first female air safety investigator. Funk would spend 11 years in that position until her retirement in 1985. Even in retirement, she kept herself busy as an FAA safety counselor. 

It was in 1995 that the first space shuttle to be piloted by a female (Eileen Collins) was launched. Funk was on hand with several other members of the Mercury 13 to watch their dreams come to fruition.

Yet for Funk, that wouldn’t be the end of her journey to space.

In 2021, Funk finally saw space on the first New Shepard mission, part of Jeff Bezos’ Blue Origin project. At the time, the trip made Funk the oldest (82) to fly to space, a record she took from Glenn (77) but was surpassed later that year by William Shatner (90). 

Funk has received countless honors and awards, including from the Aircraft Owners and Pilots Association, Smithsonian Institution, and alma mater Stephens College. Her time in aviation has included 7,000 students soloed, with 3,000 achieving a multitude of ratings.

Funk, now 85 and residing in Grapevine, Texas, in the Dallas-Fort Worth area, has logged more than 18,600 flight hours in her career. So it’s little wonder why her biography,  Higher, Faster, Longer: My Life in Aviation and My Quest for Spaceflight, remains an inspiring read for flying and space enthusiasts.

Editor’s Note: This article first appeared on Plane & Pilot.

The post Wally Funk: Breaking the Glass Ceiling, All the Way to Space appeared first on FLYING Magazine.

In a response letter to CrowdStrike attorney Michael Carlinsky, Delta attorney David Boies states that the software company has no basis to suggest the airline was responsible for the faulty software that crashed systems around the world.

“When the disaster occurred, dedicated Delta employees across the company worked tirelessly to recover from the damage CrowdStrike had caused,” Boies states in the letter. “Their efforts were hindered by CrowdStrike’s failure to promptly provide an automatic solution or the information needed to facilitate those efforts.”

• READ MORE: GA, Private Aviation Dodge Worst of Cyber Outage Impact

Among several points addressed by Boies in his letter, he notably asserts that CrowdStrike showed no sense of urgency for the damage it caused, and the cybersecurity company’s offers to assist Delta were too late. Boies states that CrowdStrike’s offers of assistance during the first 65 hours of the outage simply referred Delta to CrowdStrike’s publicly available remediation website, which instructed Delta to manually reboot every affected machine.

“While CrowdStrike eventually offered a supposed automated solution on Sunday, July 21 at 5:27 pm ET, it introduced a second bug that prevented many machines from recovering without additional intervention,” Boies states.

As for CrowdStrike CEO George Kurtz’s offer to support Delta CEO Ed Bastian, Boies said that Kurtz offered this assistance on the evening of July 22, and it was unhelpful and untimely.

“When made—almost four days after the CrowdStrike disaster began—Delta had already restored its critical systems and most other machines,” Boies said. “Many of the remaining machines were located in secure airport areas requiring government-mandated access clearance. By that time Delta’s confidence in CrowdStrike was naturally shaken.”

• READ MORE: CrowdStrike Disputes Negligence Claims in Letter to Delta Attorney

Additionally, Boies addressed claims that Delta’s IT technology was not up to par for handling the disaster.

“Delta rejects CrowdStrike’s misplaced attempt to shift responsibility for its failures to Delta’s ‘IT decisions and response to the outage,’” Boies states. “First, those ‘decisions and response’ had nothing to do with the cause of the outage. Moreover, for the last several years, including prior to and following its recovery from the Faulty Update, Delta’s operational reliability and customer service has led the airline industry. Delta has achieved its industry-leading reliability and service due, in part, to investing billions of dollars in information technology.”

Boies ends the letter demanding CrowdStrike “accept real responsibility for its actions” and compensate the airline for damaging its business, reputation, and goodwill.

Delta Details Financial Impact

The letter comes after Delta detailed its previously reported $500M loss in revenue due to IT outages in an 8-K form published on Thursday.

The report states that the incident caused around 7,000 flight cancellations over the course of five days, leading to $380 million in customer refunds, $170 million in expense reimbursements and crew-related costs, and $50 million in estimated fuel expenses. This has impacted the airline’s projected year-over-year September quarter 2024 capacity growth by approximately 1.5 points.

“An operational disruption of this length and magnitude is unacceptable, and our customers and employees deserve better. Since the incident, our people have returned the operation to an industry-leading position that is consistent with the level of performance our customers expect from Delta,” said Bastian in a statement included in the 8-K form.

Bastian doubled down on previous litigation threats, stating in the form that Delta is pursuing legal claims against CrowdStrike and Microsoft to recover at least $500 million in damages caused by the outage.

Both CrowdStrike and Microsoft have denied Delta’s allegations of negligence for the software update that caused airline disruptions nationwide on July 19. Both companies also claimed that Delta had refused free assistance from their IT teams to help with the airline’s ongoing issues throughout the week of the outage.

Class Action Lawsuit

The U.S. Department of Transportation warned airlines were legally obligated to provide passengers cash refunds shortly after July’s IT outages. Law firms Sauder Schelkopf and Webb, Klase & Lemond filed a class action lawsuit this week on behalf of Delta passengers whose flights were canceled due to the outages.

The complaint alleges that nearly every airline had managed to recover and resume normal operations by the end of the week, except for Delta, which continued to cancel flights.

“On Monday, July 22, it was reported that Delta canceled more than 1,250 flights. These cancellations accounted for nearly 70 percent of all flights within, to, or from the United States that had been canceled on Monday,” Sauder Schelkopf’s website states. “No other U.S. airline had canceled one-tenth as many flights.”

Additionally, the class action lawsuit alleges that Delta failed to give some affected passengers automatic refunds for canceled flights and oftentimes conditioned its offer of partial reimbursements to passengers on a waiver releasing Delta of all legal claims passengers have against Delta.

Editor’s Note: This article first appeared on AirlineGeeks.com.

The post Delta, CrowdStrike Spar Over July Meltdown appeared first on FLYING Magazine.

According to EarthX, lithium-ion batteries are significantly lighter than traditional lead acid batteries.

“If you’re replacing the Concorde RG24-11 lead acid battery, you go from a 26.5-pound battery to a 7.2-pound battery—that is 19.3 pounds of instant weight reduction,” EarthX said in a statement. “That gives you a few more pounds of useful load.”

In addition, the life span of the EarthX battery is twice that of a lead acid battery. EarthX also points out that it cannot “freeze, boil over, lose electrolyte, corrode, or sulfate.”

• READ MORE: Electric Regional Aircraft Developer Lands Battery Manufacturing Hub

For pilots who have ever been surprised by a dead battery, the EarthX has a battery management system (BMS) that communicates directly to the pilot if there is anything outside of normal operation through either a flashing or solid LED light.

“This provides useful information not only for the pilot, but also your mechanic, to make the best-informed decisions,” EarthX said.

Once the EarthX is installed, a new weight and balance for the aircraft needs to be done, as is standard procedure when an STC is applied. EarthX does the STC paperwork for the customer, free of charge.

The 24V TSO-certified battery is available for $999, and the 12V TSO-certified battery for $699.

The initial kit for installation ranges from $195-$295, depending on the airframe.

More information can be found here. 

The post EarthX Aircraft Batteries Earn STC Approval appeared first on FLYING Magazine.

The company on Wednesday said the agency granted it a letter of authorization (LOA) to start dual seat pilot training of “manufacturer and FAA personnel,” such as the aviation safety inspector who will ultimately help certify the aircraft for commercial service.

Trainees will ride along with one of Beta’s eight powered lift test pilots, as outlined in the FAA’s powered lift pilot training proposal, which requires eVTOL training aircraft to have dual controls. The FAA reviewed the ground, simulation, and flight training procedures used to train that group before issuing the LOA.

In addition to the A250, Beta is developing an electric conventional takeoff and landing (eCTOL) model called the CX300. That design has already been flown by pilots from the FAA, U.S. Air Force, U.S. Army, and companies such as UPS and Bristow Group.

The company’s eVTOL, meanwhile, is one of a handful of designs to complete a crewed transition from hover to cruise flight, but testing has largely been concentrated around its headquarters in Vermont.

Beta tells FLYING that the aircraft is configured with dual controls by default. But if the operator plans to operate a single-seat, the company will sell them a single-seat model with provisions for dual controls. The cockpit can be fitted with dual controls in about 20 minutes, according to the firm.

There is no limit on the number of pilots Beta can train under the approval. Though the FAA has yet to sign off on the firm’s use of a simulator to train pilots, the company says it is developing a simulator that will meet FAA requirements for a qualified training device.

The manufacturer expects to obtain FAA certification for its eCTOL model in 2025, followed by authorization for the A250 in 2026. It is in the process of building out a nationwide network of electric aircraft chargers for both aircraft to use, including at FBO terminals.

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Wednesday is Day 2 of the NTSB hearing about the loss of a door plug from a Boeing 737 Max 9 in January after takeoff in Portland, Oregon.

According to Tuesday’s proceedings, sometimes the shoddy work was discovered and rectified before the aircraft was delivered. Sometimes it was not, as in the case of the 737 that was delivered to Alaska Airlines.

• READ MORE: NTSB Sanctions Boeing for Sharing Door Plug Blow Out Investigative Details

Boeing relies on contractor SpiritAeroSystems to build the fuselages. A representative from Spirit told the NTSB that the door plug for fuselage No. 8789, which was delivered to Alaska Airlines in fall 2023 and became ill-rated Flight 1282, was built at SpiritAeroSystems Malaysia and shipped to Wichita, Kansas, where it was installed in the fuselage, which was then shipped to the Boeing factory in Renton, Washington.

When it arrived at the factory, it was determined that the rivets in the assembly if the fuselage were substandard, and in order to replace them, the door plug had to be removed.

According to Elizabeth Lund, senior vice president/quality of Boeing Commercial Airplanes, when there is a need to replace a component such as a door plug, there is supposed to be a paperwork trail to indicate what needs to be done and who will do it, and then who has done it.

“We have still found no paperwork documenting the removal of 8789 left-hand door plug,” Lund testified to the NTSB on Tuesday.

Lund said the door plug was removed to replace a line of rivets that were not up to standard, and then it was put back into position so that the aircraft could be moved outside and its interior protected from the weather. The door plug was missing four crucial bolts.

• READ MORE: Boeing to Acquire Spirit AeroSystems in $8.3 Billion Deal

According to Boeing, under normal circumstances, the paperwork trail would let employees know the door plug had been reinstalled but the bolts had not been replaced. The paperwork would indicate the bolts had to be reinstalled before the aircraft could be delivered.

That was not the case here, according to testimony. The aircraft was delivered to Alaska Airlines in October 2023 and flew for approximately 100 flight cycles (takeoffs and landings) with the door plug kept in place by a series of small pins. There were two reports of crew noticing pressurization warning lights in the cockpit. The aircraft was supposed to go in for maintenance at the end of the duty day on January 5.

There were Spirit employees at the Boeing Renton plant, but according to testimony, communication between the Boeing and Spirit workers on the floor of the factory wasn’t good, and there was a lot of turnover at the facility because of low morale and early retirement of more experienced technicians due to COVID-19.

There were no serious physical injuries when the door plug blew out as the aircraft reached 16,000 feet, although seven passengers and a flight attendant were treated for injuries upon landing. The flight crew was praised for its skill, and aviation experts noted that had the aircraft been higher, the outcome would have been much worse.

NTSB Chair Jennifer Homendy offered an apology to the passengers and flight crew on behalf of the agency.

The decision to conduct the two-day hearing into the event is unprecedented. Within hours of the blowout, Alaska Airlines grounded its 737 Max 9s, and the FAA followed suit grounding the world fleet for 19 days while inspections were done to door plugs.

The post NTSB Grills Boeing Over Max 9 Door Plug Loss appeared first on FLYING Magazine.

Joby on Tuesday said it formally applied for its flagship design to be certified by Australia’s Civil Aviation Safety Authority (CASA) for a commercial passenger air taxi service Down Under. The manufacturer would leverage a bilateral agreement between the FAA and CASA that would allow its FAA type certificate to be validated by the Australian regulator.

The FAA in March published final special class airworthiness criteria that Joby will use to obtain that approval, which it hopes to achieve by next year. The company has also received Part 135 authorization to operate its aircraft and Part 145 certification to perform maintenance and repairs.

“With commercial powered-lift operations already considered in CASA’s regulatory frameworks, we’re pleased to be working with Australian authorities using a regulatory path to market that is actively being pursued by numerous countries around the world,” said Joby founder and CEO JoeBen Bevirt.

Joby has also applied for its FAA type certificate to be validated by regulators in the U.K. and Japan.

The manufacturer’s flagship design is a four-passenger air taxi with 100 sm (87 nm) range and 200 mph (174 knots) cruise speed, ideal for intracity trips such between city center and airport. The firm intends for the service to operate much like ground-based rideshare platforms Uber and Lyft and will use a recently unveiled software suite called ElevateOS, which has been approved for use by the FAA.

Uber’s Elevate subsidiary previously ran the short-lived UberCopter service, which used helicopters rather than eVTOL aircraft. Several Joby employees, including head of product Eric Allison, who helped develop ElevateOS, joined the manufacturer when it acquired Uber Elevate in 2020, and Uber became a partner and investor.

In Australia, Joby has a relationship with Skyportz Infrastructure, a developer of vertiports. These sites, often modified airfields, enable vertical takeoff and landing and are equipped with electric charging stations for eVTOL aircraft to juice up. The two companies do not yet have a deal for Joby to use Skyportz vertiports but have agreed to build a mock passenger terminal to test future air taxi operations.

Of note, Skyportz in April launched an operating subsidiary, Wilbur Air, which will fly routes connecting the company’s vertiports nationwide. Joby plans to operate its own aircraft in the U.S. but has also contemplated the direct sale of aircraft to operating partners.

“With this announcement [Tuesday], we could see Joby aircraft commence operations in Australia from our Skyportz sites in the foreseeable future,” said Skyportz CEO Clem Newton-Brown.

Bolstering that prediction is CASA’s recent release of vertiport design guidelines, which call for the sites to exclude helicopters.

“This will give the AAM industry an opportunity to demonstrate to the community that a vertiport (catering only for air taxis) may be more desirable than a heliport,” said Newton-Brown.

Down Under, the company may need to compete with Boeing air taxi subsidiary Wisk Aero, which is also working toward service in Australia and has a partnership with a similarly named infrastructure provider, Skyports (with an “S”). The partners are seeking to stand up a vertiport network by the time the 2032 Olympic and Paralympic Games begin in Brisbane.

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According to Federal News Network, negotiators for the 11,000 members of the Professional Aviation Safety Specialists (PASS) union said this week they’ve reached a tentative deal with the FAA after two years of negotiations. It has yet to be ratified and will also have to go through a legal review to make sure it fits within federal labor relations rules, but PASS president Dave Spero told the Federal News Network he expects the process to lead to a final deal.

PASS represents aviation safety inspectors and technicians. The work-from-home provisions seemed to be the sticking point. The new deal doesn’t guarantee a set schedule for office visits but instead makes it more difficult for the agency to deny requests for remote work.

In an email to the workers late last year, the FAA threw in the towel in its effort to make them come into work at least three days a week.

“All agreed that building and maintaining a high-performing workforce of dedicated employees and having FAA continue to be a great place to work remain our top priorities,” FAA Administrator Mike Whitaker and other brass said in the email.

Editor’s Note: This article first appeared on AVWeb.com.

The post FAA Safety Inspectors Will Receive $5,000 Contract Bonus appeared first on FLYING Magazine.

The accident happened on July 29, 2023, when both aircraft were operating in the EAA’s “Fun Fly Zone,” (FFZ), which consists of a grass runway in the ultralight display area of the EAA AirVenture show grounds at Wittman Field (KOSH) in Oshkosh, Wisconsin. In the area were ultralights, light planes, powered parachutes and trikes, hot-air balloons, homebuilt rotorcraft, and light sport aircraft (LSA).

• NTSB: Rule Violation Contributed to Fatal Midair Collision at EAA AirVenture

The FFZ was created by the EAA within the Class D airspace that is KOSH, beginning at the surface and extending to 2,500 feet agl. 

The accident involved a collision between a Rotorway 162F helicopter and an ELA Eclipse 10 gyrocopter. The gyrocopter was in the traffic pattern and made a 360-degree turn, colliding with the left side of the helicopter as it was on the base leg for landing. The pilots participating in the FFZ are required to be briefed by the FFZ officials on the rules and procedures for operating in the FFZ. One of those rules is that no 360-degree turns are permitted in the pattern.

• READ MORE: EAA Adopts New Procedures in Wake of AirVenture NTSB Crash Report

According to the final report on the accident published by the National Transportation Safety Board (NTSB) on May 16, the probable cause of the accident was “the failure of the gyroplane pilot to see and avoid the helicopter while maneuvering in the traffic pattern. Contributing to the accident was the gyroplane pilot’s performance of a prohibited maneuver in the traffic pattern.”

The complaint was filed by Milwaukee-based firm Cannon & Dunphy S.C., which is representing Margaret Peterson, wife of helicopter pilot Mark Peterson, and Patricia Volz, wife of Thomas Volz, who was a passenger on the helicopter. The pair were on a demo flight at the time of the accident.

According to the complaint,  the EAA “did not have an FAA waiver, letter or authorization of memorandum of understanding to alter the flight rules affecting Class D airports.”

• READ MORE: 4 Killed in 2 Separate Oshkosh Crashes Identified

“The FAA purported to waive some of the requirements for Ultralight and Homebuilt Rotorcraft to arrive and depart from the Ultralight/Homebuilt Rotorcraft field in a NOTAM (a notice containing specific information),” the complaint read. “Specifically, the FAA authorized an arrival and departure procedure to be used during AirVenture 2023 but did not authorize any continuing operations for the Ultralight/Homebuilt Rotorcraft field.”

It was noted that pilots wishing to operate in the FFZ were required to attend a daily preflight briefing in which they would learn about flight rules and procedures they were required to follow. 

The complaint alleges that gyrocopter pilot Eric Bruce made several illegal 360-degree turns despite being repeatedly warned not to by EAA officials and per the complaint by other pilots participating in the FFZ, and yet the EAA continued to allow him to fly.

According to the complaint, “defendant Bruce elected to fly in EAA’s FFZ on Thursday, July 27, 2023, Friday, July 28, 2023, and Saturday, July 29, 2023, and attended a daily briefing on each of those days before flying, signed the attendance sheets, and received a wrist band confirming he had attended the briefings before flying.”

Per the EAA rules for the FFZ, if a pilot observed another aircraft getting too close, they were to do a “go around” and leave the pattern then reenter to fly the pattern to return for landing. The pattern was kept at 300 feet to keep the smaller, slower aircraft away from the larger and faster airplanes using Runway 27.

Video of the accident shows both aircraft at an altitude of approximately 300 feet when they collided.

The helicopter flown by Peterson hit the ground inverted and caught fire. The gyrocopter also came down hard and Bruce and his passenger were seriously injured.

The complaint suggests “the EAA cannot by law arrogate to itself the power to establish a separate ‘airport within an airport,’ and the rules were not and could not be made mandatory by the EAA without authority from the FAA, which was never granted.” However, according to the lawsuit, these rules were discussed at a daily pilot briefing which pilots who desired to use the EAA FFZ during the specified times were required to attend.

The complaint suggested that in addition to failing to get proper clearance and approval from the FAA, the EAA failed to properly and sufficiently enforce its flight safety rules and to provide proper and sufficient air traffic control during the event to instruct pilots who may deviate from the rules to immediately cease and desist, and despite knowing that Bruce had violated the rule by performing a 360-degree turn, allowed him to continue to fly. 

“EAA’s negligence, as alleged, was a cause of the subsequent midair collision on June 29, 2023 between Bruce’s gyrocopter and Mark’s helicopter, which resulted in the deaths of Peterson and Volz,” it said.

The lawsuit called for a 12-person jury trial.

When asked for its perspective, the FAA told FLYING it does not comment on pending litigation.

The NTSB final report published May 16 listed the probable cause of the accident as pilot error.  When reached for comment, the EAA replied, “EAA is aware of the lawsuit and extends its condolences to the families who lost their loved ones in the mid-air collision that occurred on July 29, 2023. EAA denies any negligence and refers all interested persons to the investigation and conclusions reached in the final report of the [NTSB] published May 16, 2024.”

Last month, EAA spokesperson Dick Knapinski said that the organization had made procedural changes in the FFZ for EAA AirVenture 2024, which included a “one strike, you’re out” rule that would not tolerate pilots who did not fly by the rules. If a pilot is observed breaking the rules they are not allowed to fly.

The post Families File Lawsuit Against EAA for 2023 Midair appeared first on FLYING Magazine.