Not the plane, but multiple problems and you did kind of hit one of them above.

I am very surprised that the report is not out yet as well.

There reaches a point where due diligence REQUIRES a safety agency, you know, like the National Transportation SAFETY Board, to report issues, ESPECIALLY those which could significantly impact fleets or navigation systems. Saying ‘we didn’t think you needed to know and we didn’t want you to worry your silly heads over the matter’ didn’t work for the FAA and Boeing with MCAS and it won’t work with the general public if there is another mishap involving the same problem.

Yeah, the government has sovereign immunity but qualified immunity for government employees? Well, Colorado has already removed it under their state laws.

I would hate to be the NTSB guy who knew about a systemic airline safety problem and was sitting on that knowledge to keep from rocking the boat, when the next mishap happened. They might find themselves open to civil damages AND criminal charges.

It’s time for the NTSB to get the report out.

There's a difference between "knowing", "suspecting", and "proving it".

They pretty much have to know it before they slap down recommendations (NTSB) or directives (FAA). In an emergency they don't have to prove it first but suspecting isn't good enough. Industry groups and aviation associations tend to push back hard legally and politically against edicts like the half-baked AD's that we see from time to time.

Also the NTSB does have to maintain credibility, in the interest of the big-picture, and shooting from the hip is counter-productive to that.

Nobody died, the recorders were readily recoverable, and there was minimal structural damage to the airframe. If they can’t come out with a mishap report after THIS long, they have no credibility to lose.

There was a 30 day suspense on Class A mishap reports in the USAF. It’s been damn near two years. The flying public has a right and a need to know what the NTSB does know, including any uncertainties and inadequacies of that data.

In the post MCAS world, government agencies electing to just not tell the public about potential safety issues is not a viable plan.

Federal Government employees have absolute immunity. You can reasonably rely on incorrect information form a federal government employee to your detriment, and there is no recourse. The Supreme Court held long ago, and The Court continues to affirm this principle in the interest of government and judicial efficiency. The NTSB is not worried about being sued for damages. At some point however, a FOIA request to the NTSB might be appropriate.

Not exactly:

A smart lawyer can find seams in that zone defense.


https://www.justice.gov/jm/civil-res...ed-individuals

A smart lawyer would only look if someone else is paying and paying in advance.

Yes. A civil servant taking longer than you think he should to do his job is not going to run afoul of the constitution or federal statutes... there wouldn't be any civil servants left :rolleyes:

You'd have to prove some sort of intentional conspiracy to break the law.

So now - over 3 years into this - is there EVER going to be an NTSB report on this mishap?

FWIW a few months ago in KBRO the ATIS had a notam saying the LOC was giving erroneous indications to emb145 aircraft, but e170/175 and other types were not affected. Still waiting for the report though...