Jim,

Would you agree or disagree that it is unusual for a preliminary
accident report to contain such a direct statement about the
interpretation of the FARs (or anything else)? This seems to me to be
pretty far out of the mainstream of the SOP for investigations.

The statement seems uninformed at best, and tempts me question the
overall qualithy of this investigation process.

wrote:
Quebec Tango wrote:
Jim,

So I will humbly ask
you to state your point(s) explicity.


QT,

My point is: the NTSB does the accident investigation; and writes
that report you are reading. Not the FAA investigator. The two
organizations are not the same and they are not always there for the
same reason.

The NTSB made that very interesting statement not the FAA. The NTSB
does not investigate for enforcement of rules (OK, except maybe for the
NTSB 800 series rules, maybe not).

The FAA investigates accidents to promote safety and also for
enforcement and compliance (2150.3a) and if there is an enforcement
against anyone in the accident, you will not be able to read it until
1) it is final and completely adjudicated and 2) you FOIA it and the
report is released to you.

So, my explicit point is that no one outside the FAA can know what the
FAA investigator knows about this specific accident unless he or she
tells them. Anyone can read an NTSB report that finds *cause* of the
accident, but very few will know what the enforcement investigation, if
any, will say.

The orders are indeed large, so as you can see it is important the FAA
investigator to be able to read in the course of his or her duties. The
8020.11 is all about accident investigation. The 8300.10 is also large;
chapters 210, 211, 212 and 213 are the chapters describing the FAA
procedures and policies on accident, incident and enforcement
investigations.

I hope this helps.

Jim