About: Ferguson v. NTSB

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Ferguson v. NTSB, 678 F. 2d 821 (9th Cir. 1982) is a landmark aviation ruling by the United States Court of Appeals for the Ninth Circuit handed down on June 2, 1982. On July 31, 1979 Lowell G. Ferguson was the captain of a Western Airlines Boeing 737-200 airliner operating as Flight 44 from Los Angeles, California, to seven locations, including Las Vegas, Nevada; Denver, Colorado; and Sheridan, Wyoming. Ferguson, with over 12,000 hours of flying experience, had never been found in violation of any Federal Aviation Regulations (FARs).

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rdfs:label	Ferguson v. NTSB (en)
rdfs:comment	Ferguson v. NTSB, 678 F. 2d 821 (9th Cir. 1982) is a landmark aviation ruling by the United States Court of Appeals for the Ninth Circuit handed down on June 2, 1982. On July 31, 1979 Lowell G. Ferguson was the captain of a Western Airlines Boeing 737-200 airliner operating as Flight 44 from Los Angeles, California, to seven locations, including Las Vegas, Nevada; Denver, Colorado; and Sheridan, Wyoming. Ferguson, with over 12,000 hours of flying experience, had never been found in violation of any Federal Aviation Regulations (FARs). (en)
name	Western Airlines Flight 44 (en)
geo:lat	44.381130 (xsd:float)
geo:long	-106.722168 (xsd:float)
foaf:depiction
dcterms:subject	1982 in aviation United States Court of Appeals for the Ninth Circuit cases 1982 in United States case law Aviation law Western Airlines
Wikipage page ID	23598845 (xsd:integer)
Wikipage revision ID	1088873468 (xsd:integer)
Link from a Wikipage to another Wikipage	California Boeing 737 Johnson County Airport (Wyoming) United States Court of Appeals for the Ninth Circuit Boeing 737-200 Colorado Runway 1982 in aviation Los Angeles Los Angeles, California Los Angeles International Airport Stephen Reinhardt Denver, Colorado Federal Aviation Regulations Pilot in command Aviation law United States Court of Appeals for the Ninth Circuit cases Buffalo, Wyoming 1982 in United States case law Western Airlines Air traffic control Eugene Allen Wright Federal Aviation Administration First officer (aeronautics) Aviation law Arthur Alarcón Las Vegas, Nevada Aviation Safety Reporting System Western Airlines Airline Transport Pilot Licence National Aeronautics and Space Administration Nevada Recklessness (law) Sheridan, Wyoming Wyoming Mountain Daylight Time National Transportation Safety Board
Link from a Wikipage to an external page	http://openjurist.org/678/f2d/821/ferguson-v-national-transportation-safety-board-m https://openjurist.org/678/f2d/821
sameAs	Ferguson v. NTSB Ferguson v. NTSB Ferguson v. NTSB
dbp:wikiPageUsesTemplate	dbt:Infobox_aircraft_occurrence dbt:Coord dbt:Infobox_COA_case dbt:Start_date
thumbnail	wiki-commons:Special:FilePath/Seal_of_the_United_States_Courts,_Ninth_Judicial_Circuit.svg?width=300
JoinMajority	Wright, Reinhardt (en)
caption	A Boeing 737-200 similar to the incident aircraft (en)
citations	172800.0 (second)
court	United States Court of Appeals for the Ninth Circuit
date	1979-07-31 (xsd:date)
DecideDate	0001-06-02 (xsd:gMonthDay)
DecideYear	1982 (xsd:integer)
fullname	Lowell G. Ferguson v. National Transportation Safety Board (en)
judges	Stephen Reinhardt Eugene Allen Wright Arthur Alarcón
Litigants	Ferguson v. NTSB (en)
majority	Alarcón (en)
operator	Western Airlines
origin	California Los Angeles Los Angeles International Airport
site	Johnson County Airport (Wyoming) Buffalo, Wyoming Wyoming
summary	Landing at an airport without ATC clearance, failure to identify correct landing airport, damage to runway upon landing (en)
georss:point	44.3811303 -106.7221664
aircraft type	Boeing 737
occurrence type	Incident (en)
has abstract	Ferguson v. NTSB, 678 F. 2d 821 (9th Cir. 1982) is a landmark aviation ruling by the United States Court of Appeals for the Ninth Circuit handed down on June 2, 1982. On July 31, 1979 Lowell G. Ferguson was the captain of a Western Airlines Boeing 737-200 airliner operating as Flight 44 from Los Angeles, California, to seven locations, including Las Vegas, Nevada; Denver, Colorado; and Sheridan, Wyoming. Ferguson, with over 12,000 hours of flying experience, had never been found in violation of any Federal Aviation Regulations (FARs). The first officer flew the aircraft, while Ferguson handled radio communications. However, by regulation, Ferguson was the pilot in command as captain of the aircraft. Neither crew member had ever landed at Sheridan, but each thought that the other had done so in the past. At approximately 10:00 p.m. MDT, the crew mistakenly landed the aircraft at Buffalo, Wyoming, thinking it was their destination airport of Sheridan. While there was no emergency and no one suffered injuries, the airport tarmac sustained damage as it was not constructed to hold the weight of a commercial airliner. On November 28, 1979 the Federal Aviation Administration (FAA) suspended Ferguson's Airline Transport Pilot certificate for 60 days, and charged Ferguson with violation of four sections of the Federal Aviation Regulations: (1) § 91.75(a) (14 C.F.R. § 91.75, deviating from an air traffic control clearance; (2) § 121.590(a) (14 C.F.R. § 121.590), landing at an airport not certificated under part 139 of the Federal Aviation Regulations; (3) § 121.555(b) (14 C.F.R. § 121.555), landing at an airport not listed in the Western Airlines Operations Specifications; and (4) § 91.9 (14 C.F.R. § 91.9), operating an aircraft in a careless or reckless manner so as to endanger the life or property of another. The National Transportation Safety Board (NTSB) adopted the FAA's suspension as its response to the incident. Ferguson appealed the suspension and claimed he was entitled to a waiver of punishment under the "inadvertent and not deliberate" provision of a joint FAA-National Aeronautics and Space Administration (NASA) aviation safety program called the Aviation Safety Reporting Program. While the NTSB agreed that Ferguson's actions were not deliberate, his appeal was rejected when the court decided his actions were reckless and in violation of a key FAR (§ 91.5) that required a pilot to familiarize himself or herself with all available flight information, and a company policy (Western Airlines Flight Operation Manual, P 5.3.3.C) that required him to use a radio navigational instrument to identify the airport before landing. Ferguson claimed he "saw the runway and assumed it was the right airport". The ruling coined the phrase "inadvertent and not deliberate actions cannot encompass reckless conduct". In essence, Ferguson was suspended even though he made an "honest mistake", because as a professional pilot he was expected to do whatever he could to avoid that mistake. That, by his own admission, he failed to do. (en)

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