Aviation

Preserve Aircraft Wreckage
• The airline is responsible for preserving aircraft wreckage, cargo and data recorders until the NTSB takes custody of it. (See
49 CFR Section 830.10 (a).)
• The wreckage and cargo cannot be disturbed or moved except where necessary to remove persons injured or trapped, to
protect the wreckage from further damage, or to protect the public from injury. (See 49 CFR Section 830.10 (b).)
• When it is necessary to move wreckage or cargo, sketches, descriptive notes and photographs shall be made, if possible, of the
original positions and condition of the wreckage and any significant impact marks. (See 49 CFR Section 830.10 (c).)
• Prior to turning wreckage over to the NTSB, access should be restricted to emergency workers and airline personnel whose
presence is necessary.
Identify and Secure Key Documents
• The airline must retain “all records, reports, internal documents, and memoranda dealing with the accident or incident, until
authorized by the NTSB to the contrary.” (See 49 CFR Section 830.10 (d).)
• The airline must “forthwith permit inspection, photographing, or copying” of pertinent records by the NTSB. (See 49 CFR
Section 831.9(a).)
• The airline should always retain the original records. There is no requirement that original records be given to the NTSB. In
fact, it may be a violation of Federal Aviation Regulations if an airline does not maintain custody of certain documents.
• Create and maintain a document transmittal log that includes at a minimum; document title or description, date of request,
requested by, date delivered, person delivered to, and number of pages.
• Documents that are produced to the NTSB should generally be stamped “confidential” to ensure that proprietary information is
protected. It is best to err on the side of marking documents confidential since the confidential designation can always be
retracted at a later date.
• Failure to preserve key documents is not only a violation of federal regulations, but can also be construed as spoliation of
evidence in any civil litigation or criminal investigation that may ensue.
• Access to the records should be limited to NTSB personnel, persons authorized by the NTSB to participate in the investigation,
and legal representatives of the airline.
• The following documents, at a minimum, should be immediately identified and secured by the General counsel’s office:
• Aircraft Maintenance Records. All maintenance records for the accident aircraft, including any that are not normally retained,
should be immediately impounded and placed under lock and key. No one, including the NTSB and FAA, should be allowed to
take these documents. The NTSB takes custody of the wreckage and cargo, but the operator is responsible for retaining the
records. (See 49 CFR Section 830.10(d).) Do not lose control of these records!
• Operational and Maintenance Manuals. All manuals that are updated periodically should be “frozen” in the state of revision that
existed on the day of the accident. These manuals include, but are not limited to, the Flight Operations Manual, Pilot Operating
Handbook, Quick Reference Handbook, Aircraft Maintenance Manual, General Maintenance Manual, Flight Attendant’s Manual,
etc. Copies of the frozen manuals should be retained until the investigation and all litigation has ended.
• Flight Records. Identify and secure all flight planning and release documents for the accident flight. (Flight plan, weather
briefing, notams, aircraft maintenance history, current deferred items, planned and final weight manifest, ACARS/Arinc
communications traffic)
• Passenger Records. Passenger tickets and computerized passenger records should be identified and secured.
Page 3