Contradicts NTSB Assertion Student Pilot Caused Collision

A California judge ruled this week air traffic controllers at Torrance Municipal Airport/Zamperini Field (TOA) were primarily responsible for the November 2003 midair collision of two helicopters in front of the airport's control tower -- and not one of the pilots, as the National Transportation Safety Board determined.

The Los Angeles Times reports US District Judge Florence-Marie Cooper ruled Monday TOA tower controllers Edward Weber and Cynthia Issa made a series of incorrect and negligent decisions that led to the crash, which killed pilots Robert Bailey and Brett Boyd onboard a Robinson R-44.

Student Gavin Heyworth, who was making a solo instructional flight in a Robinson R-22 at the time of the accident, survived the crash... but suffered severe injuries, requiring doctors to put him into an induced coma for six weeks while they operated to repair numerous broken bones.

Here's the NTSB's summation of the accident, according to the Board's Probable Cause report issued in May 2007:

"The R22 pilot had been practicing at a helipad north of runway 29R, and was returning to his parking area on the ramp south of runway 29L. The R44 pilot was departing from runway 29L on a touch-and-go. The R22 was above the R44, and descending to the southwest while the R44 was climbing straight ahead on runway 29L at the time of the collision. A tower controller instructed the R22 pilot to hold when he requested to go from the helipad to parking. After traffic passed, the controller advised him that he could proceed in right traffic flying a downwind traffic pattern for runway 29R to the helipad. The R22 pilot requested takeoff to land at his parking area. The controller instructed him to fly westbound. A few seconds later, the controller cleared the R44 pilot for the touch-and-go option on runway 29L, and in the same transmission cleared the R22 pilot to make a right turn to the downwind on runway 29R. About 45 seconds later, the controller informed the R22 pilot that he could expect a clearance to cross midfield when the controller got a chance. About 20 seconds later, the controller instructed the R22 pilot to turn right. About 30 seconds after that, he cleared the R22 pilot to land on runway 29R; the R22 pilot acknowledged about 5 seconds later with his call sign. The controller immediately transmitted for him to turn right, and cleared him to land on runway 29R. There was no further communication from the R22 pilot. The R22 was still in a position to turn and land on runway 29R. It began a right turn, but then instead of landing on the runway, it crossed 29R and continued descending toward 29L at a continuously reducing angle.

"The controller had looked away to work other traffic. As he turned to inform the R44 of the R22 landing on the parallel runway, he observed the collision. Reconstruction of the collision geometry placed the R22 above and slightly forward of the R44, and on a similar track. Based on a visibility study, once the R22 pilot turned toward his pad while he was north of runway 29R, he was not in a position to see the R44. During the takeoff, the R44 pilot was not in a position to see the R22 prior to impact."

The NTSB determined Heyworth was at fault -- saying the student did not comply with tower instructions in the pattern, and did not notify controllers he was a student pilot. (The latter is not legally required; the NTSB report infers had Heyworth told controllers of his limited flight experience, they would have vectored him in order to keep him farther away from other aircraft.)

In her ruling, however, Judge Cooper ruled the pilots in each helicopter had, in fact, "properly relied upon and complied with the control instruction they were given by" controller Weber, who briefly was the sole controller on duty watching both runways at TOA, as well as monitoring traffic around the field.

When traffic at the busy field started to increase, a supervisor called Issa back from her break to help out. Cooper determined the two controllers spoke briefly about the locations of the aircraft in the pattern, but did not speak about Heyworth's position. At that time, the student was flying back from a practice area on the field, to land on runway 29R.

When Heyworth entered the pattern, Cooper ruled, he followed all ATC instructions -- including a sudden instruction to turn right onto final for runway 29R, which given the helicopter's speed of around 65 knots, still took the aircraft over runway 29L... where the R-44 was ascending on tower instructions, below and slightly behind Heyworth's R-22. Due to the positions of both helicopters, the pilots could not see each other's aircraft.

Despite the NTSB's ruling of pilot error, Cooper determined the two controllers acted "negligently and carelessly" in failing to keep "adequate vigilance and positional/situational awareness of the air traffic at and around Torrance Airport." She also ruled Weber, who was giving instructions to other aircraft in a rushed manner, "failed to issue clear and concise instructions" to the student.

Heyworth filed his lawsuit against the FAA last year, disputing the NTSB report.

"I hope this case is a wake-up call for the FAA," said his attorney, James L. Pocrass. "In this case, the recording of the taped instructions clearly shows two confused traffic controllers not communicating with each other and giving inaccurate instructions to the pilots that culminated in the death of two people and in the third receiving severe life-long injuries."

Cooper has not decided whether Heyworth, or families of the two deceased men, are entitled to damages from the FAA.

FMI: Read The Full NTSB Probable Cause Report