Hughes Airwest Flight 706
Encyclopedia
Hughes Airwest Flight 706 was a regularly scheduled Hughes Airwest
Hughes Airwest
Hughes Airwest was an airline that was backed by Howard Hughes. Hughes Airwest flew routes around the western United States and to certain points in Mexico and Canada. The airline was purchased by Republic Airlines on October 1, 1980...

 flight operated by a Douglas DC-9-31 that collided in midair with a U.S. Marine Corps
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...

 F-4B Phantom II on June 6, 1971. Flight 706 was en route from Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...

, California, to Seattle, Washington, with stopovers in Salt Lake City, Utah; Boise, Idaho; Lewiston, Idaho
Lewiston, Idaho
Lewiston is a city in and also the county seat of Nez Perce County in the Pacific Northwest state of Idaho. It is the second-largest city in the northern Idaho region, behind Coeur d'Alene and ninth-largest in the state. Lewiston is the principal city of the Lewiston, ID - Clarkston, WA...

; Pasco, Washington
Pasco, Washington
Pasco is a city in and the county seat of Franklin County, Washington, United States.Pasco is one of three cities that make up the Tri-Cities region of the state of Washington...

; and Yakima, Washington. The F-4B Phantom was flying from Naval Air Station Fallon
Naval Air Station Fallon
Naval Air Station Fallon or NAS Fallon is the United States Navy's premier air-to-air and air-to-ground training facility. It is located southeast of the city of Fallon in western Nevada in the United States. Since 1996, it has been home to the Naval Fighter Weapons School , and the surrounding...

, Reno, Nevada
Reno, Nevada
Reno is the county seat of Washoe County, Nevada, United States. The city has a population of about 220,500 and is the most populous Nevada city outside of the Las Vegas metropolitan area...

, to Marine Corps Air Station El Toro
Marine Corps Air Station El Toro
Marine Corps Air Station El Toro was a United States Marine Corps Air Station located near Irvine, California.Before it was decommissioned in 1999, it was the home of Marine Corps aviation on the West Coast. Designated as a Master Jet Station, its four runways could handle the largest aircraft...

, Irvine, California
Irvine, California
Irvine is a suburban incorporated city in Orange County, California, United States. It is a planned city, mainly developed by the Irvine Company since the 1960s. Formally incorporated on December 28, 1971, the city has a population of 212,375 as of the 2010 census. However, the California...

. All 49 passengers and crew aboard the civilian airliner, as well as the F-4B pilot, died in the collision over the San Gabriel Mountains
San Gabriel Mountains
The San Gabriel Mountains Range is located in northern Los Angeles County and western San Bernardino County, California, United States. The mountain range lies between the Los Angeles Basin and the Mojave Desert, with Interstate 5 to the west and Interstate 15 to the east...

, near Duarte, California
Duarte, California
Duarte is a city in Los Angeles County, California, United States. As of the 2010 census, the city population was 21,321, down from 21,486 at the 2000 census....

.

The collision was the first fatal crash of a commercial airliner in the United States since the September 9, 1969, collision of Allegheny Airlines Flight 853
Allegheny Airlines Flight 853
Allegheny Airlines Flight 853, a McDonnell Douglas DC-9-30, collided in mid-air with a Piper PA-28 at approximately 3,550 feet on September 9, 1969, near Fairland, Indiana. The DC-9 carried 78 passengers and 4 crew members. The Piper was leased to a student pilot making a solo cross-country flight...

 with a Piper PA-28. The crash of Flight 706 prompted the US Armed Forces to agree both to cut down the number of military aircraft operating under visual flight rules
Visual flight rules
Visual flight rules are a set of regulations which allow a pilot to operate an aircraft in weather conditions generally clear enough to allow the pilot to see where the aircraft is going. Specifically, the weather must be better than basic VFR weather minimums, as specified in the rules of the...

 in civilian air corridors, and to require military aircraft to obey civilian air traffic controllers.

Flight histories

Flight 706 was a scheduled passenger flight operating between Los Angeles International Airport
Los Angeles International Airport
Los Angeles International Airport is the primary airport serving the Greater Los Angeles Area, the second-most populated metropolitan area in the United States. It is most often referred to by its IATA airport code LAX, with the letters pronounced individually...

, Los Angeles, California, and Seattle–Tacoma International Airport, Seattle, Washington. The McDonnell Douglas DC-9-31 aircraft had accumulated 5,542 airframe hours since entering service in 1969. The aircraft was operating under the livery
Aircraft livery
Aircraft livery is a paint scheme applied to an aircraft, generally to fuselage, wings, empennage , or jet engines. Most airlines have a standard paint scheme for their aircraft fleet, usually prominently displaying the airline logo or name. From time to time special liveries are introduced, for...

 and name of Air West, the airline that had been recently purchased by Howard Hughes
Howard Hughes
Howard Robard Hughes, Jr. was an American business magnate, investor, aviator, engineer, film producer, director, and philanthropist. He was one of the wealthiest people in the world...

 and rebranded Hughes Airwest
Hughes Airwest
Hughes Airwest was an airline that was backed by Howard Hughes. Hughes Airwest flew routes around the western United States and to certain points in Mexico and Canada. The airline was purchased by Republic Airlines on October 1, 1980...

.

The aircraft was piloted by Captain Theodore Nicolay, 50, who had 15,490 hours of total flying time, including 2,562 hours flying DC-9s. His co-pilot was First Officer Price Bruner, 49, who had 17,128 total hours flying time, with 272 in DC-9s. Other crewmembers included three stewardesses: Joan R. Puylaar, 34; Patricia Shelton, 28; and Helena Koskimies, 30.

Flight 760 departed from Los Angeles at 6:02 p.m. PDT for Salt Lake City, Utah, the first of five intermediate stops en route to Seattle. Control of the flight was transferred to Los Angeles Air Route Traffic Control Center at 6:06 p.m. The flight passed through 12000 feet (3,657.6 m) at 6:09 p.m. and was told to head 040 (magnetic) until receiving the Daggett VOR, then direct. Flight 706's acknowledgement of this instruction was the last radio transmission received from the aircraft.
The U.S. Marine Corps F-4B-18-MC Phantom II, Bureau Number (BuNo) 151458, coded '458', had been in operation since April 15, 1964. At the time of the accident it was assigned to Marine Fighter Attack Squadron 323
VMFA-323
Marine Fighter Attack Squadron 323 is a United States Marine Corps F/A-18 Hornet squadron. The squadron is based at Marine Corps Air Station Miramar, California and falls under the command of Marine Aircraft Group 11 and the 3rd Marine Aircraft Wing but deploys with Carrier Air Wing 14.-World...

, Marine Aircraft Group 11
Marine Aircraft Group 11
Marine Aircraft Group 11 is a United States Marine Corps aviation unit based at Marine Corps Air Station Miramar that is currently composed of three F/A-18C squadrons, three F/A-18D squadrons, one fleet readiness squadron, one KC-130 tactical aerial refueling squadron and a maintenance and...

, 3rd Marine Air Wing, though it had been operated by various squadrons prior to that. The fighter plane was piloted by 1st Lt.
First Lieutenant
First lieutenant is a military rank and, in some forces, an appointment.The rank of lieutenant has different meanings in different military formations , but the majority of cases it is common for it to be sub-divided into a senior and junior rank...

 James R. Phillips, 27. The co-pilot and Radar Intercept Officer
Naval Flight Officer
A Naval Flight Officer is an aeronautically designated commissioned officer in the United States Navy or United States Marine Corps that specializes in airborne weapons and sensor systems. NFOs are not pilots per se, but they may perform many "co-pilot" functions, depending on the type of aircraft...

 was 1st Lt. Christopher E. Schiess, 24. The jet and its crew were based in Marine Corps Air Station El Toro
Marine Corps Air Station El Toro
Marine Corps Air Station El Toro was a United States Marine Corps Air Station located near Irvine, California.Before it was decommissioned in 1999, it was the home of Marine Corps aviation on the West Coast. Designated as a Master Jet Station, its four runways could handle the largest aircraft...

 (MCAS El Toro), which has since been decommissioned.

'458' had been a part of a cross-country flight of two aircraft when its radio failed while landing at Mountain Home Air Force Base
Mountain Home Air Force Base
Mountain Home Air Force Base is a United States Air Force installation located in southwestern Idaho, United States. The base is in Elmore County, 12 miles southwest of the city of Mountain Home, which is 40 miles southeast of Boise, via Interstate 84.The host unit at Mountain Home since 1972...

, Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....

. The aircraft was ordered to effect repairs at Mountain Home AFB and then to return to MCAS El Toro. Diagnostic tests at Mountain Home revealed that the aircraft had an inoperative radio, inoperative transponder
Transponder (aviation)
A transponder is an electronic device that produces a response when it receives a radio-frequency interrogation...

, oxygen system leak, and a degraded radar system. Maintenance personnel were able to fix the radio and confirm the oxygen leak, but the base did not have the necessary personnel to repair either the transponder or the radar.

Lt. Phillips, the pilot, received permission to fly the F-4B with an inoperative transponder from his superiors. As the fighter proceeded to Naval Air Station Fallon
Naval Air Station Fallon
Naval Air Station Fallon or NAS Fallon is the United States Navy's premier air-to-air and air-to-ground training facility. It is located southeast of the city of Fallon in western Nevada in the United States. Since 1996, it has been home to the Naval Fighter Weapons School , and the surrounding...

, Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...

, the oxygen leak worsened until the system was disabled completely, and the pilot was instructed to fly at low altitude. The Phantom II departed NAS Fallon at 5:16 p.m. following a flight plan routing across the Fresno
Fresno, California
Fresno is a city in central California, United States, the county seat of Fresno County. As of the 2010 census, the city's population was 510,365, making it the fifth largest city in California, the largest inland city in California, and the 34th largest in the nation...

, Bakersfield
Bakersfield, California
Bakersfield is a city near the southern end of the San Joaquin Valley in Kern County, California. It is roughly equidistant between Fresno and Los Angeles, to the north and south respectively....

, and Los Angeles air corridors.

Flight 706 was operating under instrument flight rules
Instrument flight rules
Instrument flight rules are one of two sets of regulations governing all aspects of civil aviation aircraft operations; the other are visual flight rules ....

 (IFR). Under IFR procedures, the pilot guides the aircraft using the cockpit
Cockpit
A cockpit or flight deck is the area, usually near the front of an aircraft, from which a pilot controls the aircraft. Most modern cockpits are enclosed, except on some small aircraft, and cockpits on large airliners are also physically separated from the cabin...

's instrument panel for navigation, in addition to radio
Radio
Radio is the transmission of signals through free space by modulation of electromagnetic waves with frequencies below those of visible light. Electromagnetic radiation travels by means of oscillating electromagnetic fields that pass through the air and the vacuum of space...

ed guidance from Air Traffic Control
Air traffic control
Air traffic control is a service provided by ground-based controllers who direct aircraft on the ground and in the air. The primary purpose of ATC systems worldwide is to separate aircraft to prevent collisions, to organize and expedite the flow of traffic, and to provide information and other...

lers and ground radar. BuNo 151458 was operating under visual flight rules
Visual flight rules
Visual flight rules are a set of regulations which allow a pilot to operate an aircraft in weather conditions generally clear enough to allow the pilot to see where the aircraft is going. Specifically, the weather must be better than basic VFR weather minimums, as specified in the rules of the...

 (VFR). At the time of the accident, VFR procedures included a "see and be seen" doctrine that dated back to early aviation. The "see and be seen" formula required pilots of all planes, VFR and otherwise, to be on constant lookout for all aircraft flying in their vicinity, regardless of navigational aids.

Collision

Near the Bakersfield
Bakersfield, California
Bakersfield is a city near the southern end of the San Joaquin Valley in Kern County, California. It is roughly equidistant between Fresno and Los Angeles, to the north and south respectively....

 Flight Service Station, the crew of '458' decided to deviate east from their flight plan to avoid heavy air traffic in the Los Angeles area. Lt. Phillips was forced to climb to 15500 feet (4,724.4 m) from 1000 feet (304.8 m) because of deteriorating weather conditions. Meanwhile, shortly after takeoff, Flight 706 received two radar traffic advisories, neither of which indicated the presence of '458'.

Soon after reaching 15500 feet (4,724.4 m) the fighter's DME (radio) showed MCAS El Toro was 50 miles (80.5 km) away. The pilot of '458' then performed an aileron roll
Aileron roll
The Aileron Roll is an aerobatic maneuver in which the aircraft does a full 360° revolution about its longitudinal axis. When executed properly, there is no appreciable change in altitude and the aircraft exits the maneuver on the same heading as it entered...

, a flight maneuver that rolled the aircraft 360° in order to allow the pilot to observe any air traffic above or below the aircraft. Lt. Schiess, the Radar Intercept Officer, was operating the fighter's radar, which was unable to detect any aircraft due to its deteriorated condition. Because of the stowed position of the scope, he had been leaning forward and looking downward at the instrument. Between three and ten seconds prior to the collision, he glanced up and observed the DC-9 in his peripheral vision
Peripheral vision
Peripheral vision is a part of vision that occurs outside the very center of gaze. There is a broad set of non-central points in the field of view that is included in the notion of peripheral vision...

 and shouted a warning to the pilot. The pilot attempted an evasive roll but was unable to clear the oncoming airliner.

At about 6:11 p.m., Flight 706 and '458' collided at about 15150 feet (4,617.7 m) altitude, over the San Gabriel Mountains
San Gabriel Mountains
The San Gabriel Mountains Range is located in northern Los Angeles County and western San Bernardino County, California, United States. The mountain range lies between the Los Angeles Basin and the Mojave Desert, with Interstate 5 to the west and Interstate 15 to the east...

 in the vicinity of Duarte, California
Duarte, California
Duarte is a city in Los Angeles County, California, United States. As of the 2010 census, the city population was 21,321, down from 21,486 at the 2000 census....

. The stricken airliner "cartwheeled" through the air, struck a mountain, and exploded. Witnesses in nearby Duarte described hearing a loud noise and seeing two flaming objects falling from the sky. A second explosion shook the area as the aircraft hit the mountain. Lt. Schiess, the Radar Intercept Officer, ejected from the F-4B and parachute
Parachute
A parachute is a device used to slow the motion of an object through an atmosphere by creating drag, or in the case of ram-air parachutes, aerodynamic lift. Parachutes are usually made out of light, strong cloth, originally silk, now most commonly nylon...

d to safety; Lt. Phillips, the pilot, was unable to eject in time, and was killed. The F-4B crashed on Mount Bliss, approximately 1 miles (1.6 km) from the airliner wreckage. Burning debris from the collision and subsequent crashes set off numerous small brush fires in the area. Wreckage was scattered across a mile of nearly inaccessible terrain in the Angeles National Forest
Angeles National Forest
The Angeles National Forest of the U.S. National Forest Service is located in the San Gabriel Mountains of Los Angeles County, southern California. It was established on July 1, 1908, incorporating the first San Bernardino National Forest and parts of the former Santa Barbara and San Gabriel...

.

Investigation

The stricken airliner crashed onto Mount Bliss in the San Gabriel Mountains
San Gabriel Mountains
The San Gabriel Mountains Range is located in northern Los Angeles County and western San Bernardino County, California, United States. The mountain range lies between the Los Angeles Basin and the Mojave Desert, with Interstate 5 to the west and Interstate 15 to the east...

 at an elevation of approximately 3000 feet (914.4 m), where the bulk of the wreckage landed in a gorge. Fire department officials sent search and rescue helicopters to the crash site, but efforts were hampered by thick fog. Nine bodies were initially found at the crash site, a number of them intact and still strapped into their seats. News reports indicated that these bodies had apparently been thrown clear on impact, and had come to rest alongside the tail section of the aircraft.

Some eyewitnesses reported that the F-4B's left wing impacted the center of the airliner's fuselage immediately after performing a barrel roll. Other witnesses claimed that the F-4B ripped a large hole in the fuselage
Fuselage
The fuselage is an aircraft's main body section that holds crew and passengers or cargo. In single-engine aircraft it will usually contain an engine, although in some amphibious aircraft the single engine is mounted on a pylon attached to the fuselage which in turn is used as a floating hull...

 of the DC-9, through which papers and luggage streamed as the crippled airliner fell. Though papers with the words "Air West" and the date of June 6 were collected by Sheriff's deputies, no luggage was recovered.

The National Transportation Safety Board
National Transportation Safety Board
The National Transportation Safety Board is an independent U.S. government investigative agency responsible for civil transportation accident investigation. In this role, the NTSB investigates and reports on aviation accidents and incidents, certain types of highway crashes, ship and marine...

 (NTSB) investigated the incident, assisted by the Marine Corps
Marine corps
A marine is a member of a force that specializes in expeditionary operations such as amphibious assault and occupation. The marines traditionally have strong links with the country's navy...

, Federal Aviation Administration
Federal Aviation Administration
The Federal Aviation Administration is the national aviation authority of the United States. An agency of the United States Department of Transportation, it has authority to regulate and oversee all aspects of civil aviation in the U.S...

 (FAA), Hughes Airwest
Hughes Airwest
Hughes Airwest was an airline that was backed by Howard Hughes. Hughes Airwest flew routes around the western United States and to certain points in Mexico and Canada. The airline was purchased by Republic Airlines on October 1, 1980...

, and the Airline Pilots Association. Early statements released by the NTSB revealed that the F-4B fighter had attempted to swerve away from the DC-9 immediately prior to impact, and that an additional 10 feet of clearance would have averted the entire collision. Additionally, the NTSB confirmed that the fighter had impacted the DC-9 in two places, with its left wing impacting the airliner's forward passenger cabin and the vertical stabilizer "slicing through" the cockpit.

The DC-9 carried a primitive flight data recorder
Flight data recorder
A flight data recorder is an electronic device employed to record any instructions sent to any electronic systems on an aircraft. It is a device used to record specific aircraft performance parameters...

 that recorded basic information about the aircraft's air speed, acceleration, heading, and altitude on metal foil tapes. Additionally, the aircraft was equipped with a simple cockpit voice recorder
Cockpit voice recorder
A cockpit voice recorder , often referred to as a "black box", is a flight recorder used to record the audio environment in the flight deck of an aircraft for the purpose of investigation of accidents and incidents...

 that recorded all conversations that took place in the cockpit of the aircraft. The flight recorder was recovered by investigators on Thursday, June 10, 1971, and sent to Washington D.C. for analysis. Though the voice recorder was also recovered, the thermal protective measures had failed and the recording tapes were destroyed by fire.

Survivability

The NTSB determined that it had been impossible for any passenger aboard the Hughes Airwest DC-9 to survive the collision, disintegration, and crash of the aircraft. Though a severe ground fire ravaged both crash sites, the NTSB determined that all of the victims had died in the crash itself.

It was determined, however, that both crewmembers aboard the Marine F-4B could have survived the collision. Further investigation by the NTSB revealed a design flaw in the ejector seat
Ejector seat
In aircraft, an ejection seat is a system designed to rescue the pilot or other crew of an aircraft in an emergency. In most designs, the seat is propelled out of the aircraft by an explosive charge or rocket motor, carrying the pilot with it. The concept of an eject-able escape capsule has also...

 and canopy assemblies of the fighter plane where the pilot would not be able to eject if the radar intercept officer ejected first. Since the specific design of ejector seats installed in the F-4B were not intended to be fired through the aircraft's canopy, a circuit breaker kept the seat from ejecting if the canopy was in place. Once the canopy was manually unlocked, the ejector seat circuit
Electronic circuit
An electronic circuit is composed of individual electronic components, such as resistors, transistors, capacitors, inductors and diodes, connected by conductive wires or traces through which electric current can flow...

 was completed and could be fired. This specific design of ejector seat, however, had a tendency of being unable to complete the circuit in the pilot's ejector seat if the aft
Aft
Aft, in naval terminology, is an adjective or adverb meaning, towards the stern of the ship, when the frame of reference is within the ship. Example: "Able Seaman Smith; lay aft!". Or; "What's happening aft?"...

 ejector seat was fired first. The F-4B aircraft were in the process of being modified with a newly designed canopy when the collision occurred. Aircraft based at MCAS El Toro were slated to begin upgrades in July 1971; at the time of the collision, BuNo 151458 was still operating with the faulty canopy, and the pilot was consequently unable to eject from the aircraft.

Probable cause and recommendations

The NTSB released their final accident report on August 30, 1972. The report concluded:
During the course of the accident investigation, the NTSB attempted to recreate the conditions of the accident to determine the visibility of BuNo458 on June 6. The NTSB, Federal Aviation Administration
Federal Aviation Administration
The Federal Aviation Administration is the national aviation authority of the United States. An agency of the United States Department of Transportation, it has authority to regulate and oversee all aspects of civil aviation in the U.S...

 (FAA), and the Marine Corps flew a series of F-4B fighters along the flight paths described by Lt. Schiess, the radar intercept officer, and various witnesses. While the tests were sufficient to determine the difficulty in locating and identifying the fighter on the radar scope
Radar
Radar is an object-detection system which uses radio waves to determine the range, altitude, direction, or speed of objects. It can be used to detect aircraft, ships, spacecraft, guided missiles, motor vehicles, weather formations, and terrain. The radar dish or antenna transmits pulses of radio...

, the many other variables involved in the June 6 incident, including the deteriorated condition of '458', compromised the validity of the study. This inability to ascertain the exact actions and circumstances of the air traffic controllers led the NTSB to recommend that the FAA install both video and audio surveillance in all air traffic control areas.

The NTSB report included a total of three recommendations for the FAA. These recommendations included: the installation of video and audio surveillance in air traffic control facilities; provide air traffic controlled airspace for the entire duration of all IFR air traffic; and the establishment of better, definitive procedures for the spotting and tracking of code 7700 aircraft (the universally used emergency transponder code). Additionally, the NTSB strongly recommended that the FAA and the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...

 cooperate to develop a program to mitigate collisions and near-misses between civilian and military aircraft.

In addition to these recommendations, the NTSB also recommended that the Department of Defense restrict high-speed, low-altitude aircraft operation in civilian air corridors, consider collision avoidance technologies on military aircraft, and make military pilots aware of the FAA's radar advisory service.

Aftermath

Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....

men Sherman P. Lloyd
Sherman P. Lloyd
Sherman Parkinson Lloyd was a U.S. Representative from Utah.- Biography :Lloyd was born in St. Anthony, Fremont County, Idaho, Lloyd's father was a counselor in the Stake Presidency at the time. Lloyd attended St. Anthony and Rexburg public schools. Lloyd was a member of The Church of Jesus...

 (R
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

-Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...

) and Henry Reuss (D
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

-Wis
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...

) both decried the actions of the Marine jet fighter, which media indicated had been "stunting" prior to the collision. Lloyd said that military aircraft should be required to establish contact with air traffic controllers when entering high-traffic air corridors and around airports, while Reuss advocated the complete ban of military aircraft from any high-traffic civilian air corridors. Senator Frank Moss (D-Utah) sponsored a bill in December that would require the installation of anti-collision gear on all aircraft by 1975.

VFR
Visual flight rules
Visual flight rules are a set of regulations which allow a pilot to operate an aircraft in weather conditions generally clear enough to allow the pilot to see where the aircraft is going. Specifically, the weather must be better than basic VFR weather minimums, as specified in the rules of the...

 and the "see and be seen" doctrine faced sharp criticism in the press. Oscar M. Laurel, a member of the National Transportation Safety Board
National Transportation Safety Board
The National Transportation Safety Board is an independent U.S. government investigative agency responsible for civil transportation accident investigation. In this role, the NTSB investigates and reports on aviation accidents and incidents, certain types of highway crashes, ship and marine...

 (NTSB) team investigating the crash, was widely quoted saying that now "may be a good time to take another look" at VFR flights near metropolitan areas.

The validity of the "see and be seen" doctrine as a safe means of aircraft navigation was a point of contention between the NTSB and the Federal Aviation Administration
Federal Aviation Administration
The Federal Aviation Administration is the national aviation authority of the United States. An agency of the United States Department of Transportation, it has authority to regulate and oversee all aspects of civil aviation in the U.S...

 (FAA). The NTSB had faulted the doctrine in several earlier collisions, including the 1969 collision of Allegheny Airlines Flight 853
Allegheny Airlines Flight 853
Allegheny Airlines Flight 853, a McDonnell Douglas DC-9-30, collided in mid-air with a Piper PA-28 at approximately 3,550 feet on September 9, 1969, near Fairland, Indiana. The DC-9 carried 78 passengers and 4 crew members. The Piper was leased to a student pilot making a solo cross-country flight...

 with a privately owned Piper PA-28
Piper Cherokee
The Piper PA-28 Cherokee is a family of light aircraft designed for flight training, air taxi, and personal use. It is built by Piper Aircraft....

 and the 1967 collision of Piedmont Airlines Flight 22
Piedmont Airlines Flight 22
Piedmont Airlines Flight 22 was a Piedmont Airlines Boeing 727-22 on a scheduled airline flight in the United States from Asheville Regional Airport in Asheville, North Carolina to Roanoke Regional Airport in Roanoke, Virginia. Shortly after departure, the flight collided with a twin-engine Cessna...

 with a privately owned Cessna 310
Cessna 310
The Cessna 310 is an American six-seat, low-wing, twin-engined monoplane that was produced by Cessna between 1954 and 1980. It was the first twin-engined aircraft that Cessna put into production after World War II.-Development:...

. The FAA refuted these findings and insisted that, regardless of the mode of operation, it is the duty of the aircraft pilot to be aware of any aircraft in his immediate vicinity. The collision of Flight 706 and the Marine F-4B Phantom was the first fatal crash in the United States of a scheduled commercial airliner since the September 1969 collision of Allegheny Airlines Flight 853.

In March 1971, the NTSB released a report summarizing the findings of a study of midair collisions. The report indicated that 204 of 396 fatalities in U.S. jetliner
Jetliner
Jetliner are an alternative rock band from the USA. They focus on melodic piano based rock and have been compared to Queen and early Elton John, being heavily influenced by early 70s rock. Composed of Adam Paskowitz of The Flys, son of Doc Paskowitz, on piano and lead vocals, Jeff Kluesner on...

 crashes since 1967 had occurred in mid-air collisions. Additionally, near-miss
Near miss (safety)
See Close Call, for the 2002 film.A near miss is an unplanned event that did not result in injury, illness, or damage – but had the potential to do so. Only a fortunate break in the chain of events prevented an injury, fatality or damage; in other words, a miss that was nonetheless very near...

 situations involving jetliners occurred on average at least once per day, with the Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...

 and New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

 noted as being especially high-risk. Finally, the report noted that the current trend in air casualties indicated that a further 528 people would die in mid-air collisions within the next ten years. These figures did not include the casualties from Flight 706.

A FAA study in 1968 had found that a quarter of the 2,230 near-miss aircraft encounters reported that year had involved a military aircraft. Following the in-flight collision of Flight 706, the FAA and the US Military agreed to cut down on VFR flights and operate instead under IFR
Instrument flight rules
Instrument flight rules are one of two sets of regulations governing all aspects of civil aviation aircraft operations; the other are visual flight rules ....

. This transition would require military aircraft to file flight plans and obey civilian air traffic control
Air traffic control
Air traffic control is a service provided by ground-based controllers who direct aircraft on the ground and in the air. The primary purpose of ATC systems worldwide is to separate aircraft to prevent collisions, to organize and expedite the flow of traffic, and to provide information and other...

lers.

Shortly after the collision, on June 21, 1971, the Airline Pilots Association and Professional Air Traffic Controllers Organization issued a joint statement asking the FAA for a series of safety regulations that included a speed limit of 250 knots (304.4 mph) for aircraft operating under VFR. Other demands included the installation of transponders in all aircraft, to amplify aircraft's presence on radar screens, and the re-evaluation of VFR due to the increased complexity, congestion, and speed of modern air travel.

The New York Times reported that the incidence of deaths in commercial aviation accidents had risen sharply in 1971, up from 146 deaths in 1970 and 158 deaths in 1969. Additionally, these deaths had occurred at a time when airlines were cutting back flights due to the economic recession
1973–75 recession
The 1973–75 recession in the United States or 1970s recession was a period of economic stagnation in much of the Western world during the 1970s, putting an end to the general post-World War II economic boom. It differed from many previous recessions as being a stagflation, where high unemployment...

, and airlines had flown about 6% fewer hours in 1971 than 1970. The eight fatal accidents of 1971 included three mid-air collision
Mid-air collision
A mid-air collision is an aviation accident in which two or more aircraft come into contact during flight. Owing to the relatively high velocities involved and any subsequent impact on the ground or sea, very severe damage or the total destruction of at least one of the aircraft involved usually...

s and four landing approach crashes. Additionally, 1971 saw the crash of Alaska Airlines Flight 1866
Alaska Airlines Flight 1866
Alaska Airlines Flight 1866 was the first fatal jet airliner crash of Alaska Airlines, an airline registered in the United States. The aircraft crashed into a mountain near Juneau, Alaska on approach for landing on September 4, 1971. 111 people were killed. There were no survivors...

, at the time the worst single plane crash in US civil aviation history.

Litigation

A week after the crash, the families of various passengers aboard Flight 706 began filing lawsuits and court papers against Hughes Airwest and, later, the government of the United States. The first filing was by the family of Keith A. Gabel, which filed a motion to perpetuate testimony in the Central District of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

 on June 16, 1971. This motion requests that the court issue a court order
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...

 for a person's deposition
Deposition (law)
In the law of the United States, a deposition is the out-of-court oral testimony of a witness that is reduced to writing for later use in court or for discovery purposes. It is commonly used in litigation in the United States and Canada and is almost always conducted outside of court by the...

 to be taken, and can be done prior to a lawsuit being filed under the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...

.

Lawsuits against the United States government were delayed six months by the Federal Tort Claims Act
Federal Tort Claims Act
The Federal Tort Claims Act or "FTCA", , is a statute enacted by the United States Congress in 1948. "Federal Tort Claims Act" was also previously the official short title passed by the Seventy-ninth Congress on August 2, 1946 as Title IV of the Legislative Reorganization Act, 60 Stat...

. On January 1972, the Gabel family filed a lawsuit against the United States that contained class-action allegations and sought a "declaratory judgment on the issue of liability." The Judicial Panel on Multidistrict Litigation
Judicial Panel on Multidistrict Litigation
The United States Judicial Panel on Multidistrict Litigation is a special body within the United States federal court system which manages multidistrict litigation. It was established by Congress in 1968 under 28 U.S.C...

 decided to move all related court actions to the Central District of California. Eleven actions were transferred in July 1972. The US District Court ordered the transfer of all 72 actions filed in other district courts to be transferred to the jurisdiction of the Central District on March 19, 1973.

On August 30, 1972, all the cases were consolidated into a single case to determine liability. The cases against the United States, Hughes Airwest, and Hughes Air Corporation were consolidated into a single class-action lawsuit in October 1972. On April 5, 1973, Hughes Airwest and the US Government agreed not to contest the issue of liability. Most claimants settled by December 1973 for payments of various negotiated amounts.

See also



Mid-air collisions attributed to the "see and be seen" doctrine
  • Allegheny Airlines Flight 853
    Allegheny Airlines Flight 853
    Allegheny Airlines Flight 853, a McDonnell Douglas DC-9-30, collided in mid-air with a Piper PA-28 at approximately 3,550 feet on September 9, 1969, near Fairland, Indiana. The DC-9 carried 78 passengers and 4 crew members. The Piper was leased to a student pilot making a solo cross-country flight...

    , 1969
  • Piedmont Airlines Flight 22
    Piedmont Airlines Flight 22
    Piedmont Airlines Flight 22 was a Piedmont Airlines Boeing 727-22 on a scheduled airline flight in the United States from Asheville Regional Airport in Asheville, North Carolina to Roanoke Regional Airport in Roanoke, Virginia. Shortly after departure, the flight collided with a twin-engine Cessna...

    , 1967
  • TWA Flight 553
    TWA Flight 553
    Flight 553, registration N1063T, was a McDonnell Douglas DC-9-15 jet airliner operated by Trans World Airlines en route from Pittsburgh to Dayton that collided in mid-air with a Beechcraft Baron near Urbana, Ohio on March 9, 1967...

    , 1967

External links

  • Photo of the DC-9 crash site. Airdisaster.com
    Airdisaster.com
    AirDisaster.com is a website devoted to accidents and incidents on commercial airliners. It includes voice recordings, accident videos, reports and articles about a number of airliner crashes. It also includes crash statistics by company, plane model and year...

    . Accessed 2011-01-17.
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