Article citation information:
Fortońska, A. The impact of bird strikes on air transport safety. Scientific Journal of Silesian University of Technology. Series Transport. 2018, 98, 27-34. ISSN: 0209-3324. DOI: https://doi.org/10.20858/sjsutst.2018.98.3.
Agnieszka FORTOŃSKA[1]
THE
IMPACT OF BIRD STRIKES ON AIR TRANSPORT SAFETY
Summary. The author will discuss the bird strike phenomenon and its impact on the air transport of passengers. In addition to the above, examples of flying accidents mainly caused by bird strikes will be provided. Furthermore, the issue of responsibility for accidents caused by bird strikes will be discussed, alongside legal regulations pertaining to subjects connected with the topic.
Keywords: bird strike, bird strike responsibility, smash, collision
1. INTRODUCTION
A safe and comfortable journey is important to every passenger who
selects a mode of transport from Point A to Point B. If air transport is
selected, a traveller must take into consideration the fact that, during the
flight, an unexpected, sudden, extraordinary and unpredictable event may occur,
e.g., clean-air turbulence, a terrorist attack or a
bird strike. Such an event may occur both during and whilst awaiting a flight.
However, countries and aviation institutions have attempted to prevent any
hazards that may cause flying accidents, e.g., by publishing documents
regulating the actions to be performed in order to ensure safety at airports
and on aircraft:
-
The Tokyo Convention, The Hague Convention, The
Montreal Convention (international antiterrorist conventions) [1]
-
Annex 14 (Aerodromes) to the Chicago Convention
(Volume 9, Recommendations on Collisions with Birds) [2]
At this stage, it should be pointed out that the focus of this article
is on only one of the many causes that can cause an accident and thus affect
the safety of passenger transport.
2. FLYING ACCIDENTS CAUSED BY BIRD STRIKES
The
collision involving an aircraft and a flock of birds (a so-called bird strike)
can also be the cause of air accidents or disasters. The first such case was
noted in 1912, when the pilot Calbraith Rogers died due to a collision with
seagulls. Despite this type of accident, nobody has regulated the safety and
prevention of such events in the future. The breaking point was the disaster
involving Eastern Air Lines Flight 375 in 1960, when engine failure occurred as
a result of a bird strike. Unfortunately, the plane crashed, with 62 out of the
72 people on board being killed as a result of the accident. After this event,
recommendations on the course of action with regard to birds present in the
vicinity of airports were made, while the Federal Aviation Administration (FAA)
decided that this type of incident posed a risk to the life and health of
passengers [3]. The most famous case of a bird strike involved US Airways
Flight 1549 in 2009 (popularly known as the “Miracle on the Hudson”). Several
minutes before landing, the aircraft crashed into a flock of wild geese, which
caused damage to its engines and forced the pilot to perform an emergency
landing on the Hudson River. Thanks to the pilot’s skills, all the passengers
survived the disaster.
Other examples of aviation accidents
that took place in 2017, which were caused by a collision between birds and
aircraft, are as follows:
-
Antonov An-74TK-100 (24 April 2017)
-
Cessna 208B Grand Caravan (22 May 2017)
-
Beech 99A (29 July 2017)
-
Cessna 550 Citation II (24 March 2017) [4]
3. STATISTICS FOR FLYING ACCIDENTS CAUSED BY BIRD
STRIKES
Although aircraft accidents caused
by bird strikes do occur, air transport is safe and comfortable for passengers
in every country.
Considering the above, it should be
emphasized that the bird strike phenomenon often occurs in civil aviation.
Unfortunately, bird collisions are not always reported by aircraft users, which
may affect the overall statistics. Both at the international and national
levels, states put emphasis on reporting such events in order to counteract
threats resulting from bird strikes and minimize the risk of collisions with
birds.
In addition, the collection of
statistical data on the types of bird strikes and their occurrence in a given
period allow the managing body of an airport to identify dangerous zones and
introduce an appropriate bird control programme.
Figure 1. Statistics for air
incidents related to bird strikes in Poland (2014-2017)
Source: Own elaboration on the basis
of statistics from http://www.ulc.gov.pl/_download/wiadomosci/01_2017/zderzenia_ze_zwierzetami/03_Statystyki_zderze%C5%84_PKaczmarczyk_EPWA_2017.pdf
Figure 2. Statistics for air
incidents related to bird strikes in USA (2012-2015)
Source: Own elaboration on the basis
of statistics from
https://wildlife.faa.gov/downloads/Wildlife-Strike-Report-1990-2015.pdf
4. LIABILITY FOR BIRD STRIKE ACCIDENTS
In the event
of a bird strike, numerous forms of damage can arise, ranging from damage to
the machine (most often engines) and damage to people or property, to (in the
worst-case scenario) an airplane disaster, which can cause the death or bodily
injury of passengers and third parties on the ground or damage to objects
belonging to them. Determining the entity that is responsible for this type of
event raises a number of concerns, due to many factors, e.g., the place of the
accident, bird species and the flight phase. Those who can be held responsible
for the damage are primarily:
-
Airport managing bodies
-
Air traffic control service entities
-
Aircraft operator
-
Producer of aircrafts [5]
However, it
should be noted that the air carrier operating a given aircraft is the entity
liable for passengers and third parties. The airline is responsible for death,
personal injury or wounding when circumstances listed in the Warsaw Convention
or in Article 17 of the Montreal Convention (“provided that the accident that
caused the death or bodily injury occurred on board the aircraft or during any
embarkation or disembarkation operations”) occur. Despite the legal basis, it
should be remembered that a passenger must prove the damage claimed, while the
court must also conclude that the “accident” occurred [6]. Unfortunately, case
law in terms of regarding specific events on board an airplane as accidents is
non-homogeneous; therefore, qualifying the collision of a machine with birds in
this sense is even more controversial.
At this stage, it should be emphasized that the landmark ruling on
liability for bird strikes is the judgement of the Court of Justice in the case
of Marcel Pešková, Jiří Peška vs. Travel Service a.s. (C-315/15). On the basis
of the presented facts, it was stated that passengers cannot claim compensation
for flight delays resulting from collision with birds because this is an
extraordinary circumstance that exempts the air carrier from the obligation to
pay the amounts indicated in Regulation (EC) No. 261/2004 [7]. The
justification was based on the argument that collision with birds is not an ordinary,
predictable event on the part of an air carrier. In addition, incidents
involving birds are not included in the areas covered in [8].
5. SYSTEMS REGULATING
BIRD STRIKES
In the case
of a bird strike occurrence and the incurrence of any damage by passengers or
third parties, three systems regulating this issue can be identified. The first
refers to occurrences taking place during domestic flights. The provisions of
aviation law, including general rules laid down in the relevant civil code, are
applicable in such situations. In Poland, liability does not depend on the
flight type, as both domestic and international flights are regulated by
principles established in international agreements ratified by the county. The
same rules apply in the case of flights not governed by such agreements, which
start or end in the territory of Poland or in the case of commercial landing in
the territory and in domestic air carriage [9].
At the level
of the EU, air carrier liability for the carriage of passengers applies to
those who:
-
Leave an airport situated within the member state.
-
Leave an airport located on the territory of the third
state, but land at an airport of the member state. Here, we refer to Regulation
No. 889/2002 on air carrier liability in the event of accidents [10]. Pursuant
to Article 3 of the enumerated regulation, “the liability of a Community air
carrier in respect of passengers and their baggage shall be governed by all
provisions of the Montreal Convention relevant to such liability”.
In turn, provisions from the
Warsaw-Montreal system should be applied when going beyond frameworks of the EU
[11]. In particular, it will be necessary to take account of Article 17 of the
Montreal Convention, which specifies the circumstances of carrier liability. An
airline’s liability for damage suffered by third parties (damage to property,
damage to person), which can arise as a result of the landing of an airplane,
an airplane disaster or a falling object from an airplane, is a distinct issue
[12]. This subject is specified in the Convention for the Unification of
Certain Rules Concerning the Damage Caused by the Aircraft to Third Parties on
the Ground, which was put forward in Rome on 29 May 1933 (later replaced by the
Rome Convention in 1952) [13]. The specified provisions in this convention
define air carrier liability by way of risk, even in the case when the airline
is not responsible. However, there are circumstances under which the carrier
may free itself from liability, but only in the case when the carrier
demonstrates that: “damage arose solely through
the fault of the injured party or people acting for them or damage is a direct
consequence of armed conflict or civil riots, when on the basis of the public
authority’s decision he was deprived of the possibility to use the aircraft”
[14].
6.
METHODS FOR PREVENTING BIRD STRIKES
Bird strikes are a
significant problem faced by civil aviation. Any flight may potentially face
the danger of a bird strike if entities obliged to provide safety in that
regard fail to take appropriate measures. Within an airport, the airport
managing body is in charge of minimizing the risk of a collision of aircraft
with birds found in the surrounding area. The methods used by airport staff to
repel birds are chiefly: pyrotechnic devices, gas cannons, and lighting or
sound effects. In addition, chemicals, traps or trained falcons may be used
[15].
In addition, the
managing body of an airport may use natural methods for deterring birds, such
as:
-
Removing vegetation and mowing grass so that it does
not exceed 10-20 cm and is not a source of food or a place where birds are
hidden
-
Drying of water tanks around the airport
-
Disposing of rubbish dumps near the airport
-
Drawing on the help of specially trained dogs and
birds of prey [16]
Although there are
many methods by which the risk of airplane collision with birds can be
minimized, it must be emphasized that these should not be permanent; rather,
they should be used alternately, so that the birds do not get used to the means
used.
Currently,
such incidents involving ducks or geese are common. Due to the development of
new technologies or airports, it is increasing the case that, when planes take
off, they produce noise that has an adverse impact on birds that often have
their nesting areas near airports. Sometimes, airports are perfect places for
resting or feeding for many bird species [17]. The occurrence of bird strikes
must be reported to the competent authorities. The International Civil Aviation
Organization also collects statistics on such events, while the FAA accepts
reports on these types of accident. In the Polish system, the registration of
collisions with birds is handled by the Civil Aviation Office. In addition, in
2013, a special committee was set up to act on the basis of Decision No. 3 of
the President of the Civil Aviation Office. The scope of its activity includes
the exchange of information or familiarization with new technologies used to
counteract bird strikes.
Figure 3. Form intended for
reporting events involving birds in Poland
Source: http://www.kolizjezptakami.pl/zglaszanie-zdarzen-z-ptakami
7. SUMMARY
Civil aviation safety is a priority,
requiring the involvement of multiple entities and institutions. Air carriers,
airport managing bodies and aircraft manufacturers must all ensure that the
risk of collisions of birds with planes is minimized. Countries and
international institutions are responsible for creating legislation to regulate
the procedures for dealing with bird-related air incidents. Moreover, it is
important to report such incidents, as this helps to determine the location of
areas where birds are present, the types of the birds and the level of the
threat to air transport safety. Unfortunately, even at low flying speeds, the
collision with a large bird can cause great damage or even a flying accident.
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Received 05.12.2017; accepted in revised form 29.01.2018
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