The Investigation Report and the Pilot's Statement
A light aircraft suffers a runway excursion on landing, damaging the nose gear and a wingtip. There are no injuries. The pilot holds a commercial licence and is employed by a flying school. During the investigation, an inspector interviews the pilot. The pilot is worried that his statement will be used to prosecute him for a careless operation, and asks whether he must answer. The school's operations manual requires pilots to cooperate with investigations. A colleague tells the pilot that accident investigation statements are 'protected' and cannot be used against him. The pilot also has a pending insurance claim and a renewal medical coming up.
1. Explain the pilot's obligations and the protections that may apply to his statement.
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The pilot must cooperate with the accident investigation. Investigation bodies generally have the power to require information, and the school's operations manual reinforces that duty. Refusing to answer can itself be an offence and can jeopardise the pilot's position with the regulator and employer.
Whether the statement is protected from use in enforcement or prosecution depends on national law. Many states provide some protection for statements made to an accident investigation authority - for example, limiting their use in subsequent proceedings - but the scope varies and exceptions exist (for example, where the statement is needed to prevent a serious safety risk, or where the matter is independently evidenced). The colleague's blanket assertion is not safe to rely on.
The pilot should answer truthfully but should ask the investigator, before answering, what use will be made of the statement and whether it is being taken under compulsion. He should not speculate beyond his knowledge.
2. How should the pilot handle the insurance claim and the medical renewal in light of the accident?
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Insurance: the pilot should notify the insurer promptly and truthfully, and should not sign a statement to the insurer that conflicts with what he told the investigator. The insurer may seek the investigation report. The pilot should keep his own contemporaneous notes and photographs.
Medical: a medical renewal application typically asks about accidents and any condition affecting fitness. The pilot should disclose the accident if the form requires it, and should not conceal it. The runway excursion itself may not affect fitness, but any injury, stress, or medication should be discussed with the examiner.
The pilot should avoid making public statements or social-media posts about the accident that could be used later. He should also check whether the school requires an internal report, and complete it separately from the investigation statement.