John F. Kennedy International Airport
Aircraft Accident/Incident Report

New York, New York 11430
Wednesday, December 31, 2008 12:59 EST

NTSB Narrative Summary Released at Completion of Accident

The pilot stated that the airplane was parked at Gate M, and they were in the process of calling for pushback from the gate when the airplane's right aileron and wing assembly were struck by a baggage cart attached to a ground tug. The tug operator stated that due to heavy winds and pelting sleet his vision was impaired and that he had closed his eyes just prior to his tug nearing the wing. The operator's investigation identified a number of factors that contributed to the tug driver's collision with the parked airplane including failure to follow procedures when operating motorized equipment inside the Diamond of Safety, failure to properly position safety cones on the right wing, failure to ensure safe driving in inclement weather, and failure to take a safety time out when unsure of the intended path of the moving vehicle.

NTSB Probable Cause Narrative

The tug driver's failure to comply with ramp safety procedures.

Event Information

Type of Event Accident
Event Date 12/31/2008
Event Day of the Week Wednesday
Time of Event 1259
Event Time Zone Eastern Standard Time
Event City New York
Event State NEW YORK
Event Country --
Zipcode of the event site 11430
Event Date Year 2008
Event Date Month 12
MidAir Collision Indicator No
On Ground Collision occurred ? No
Event Location Latitude 403823N
Event Location Longitude 0734613W
Event Location Airport John F. Kennedy International
Event Location Nearest Airport ID JFK
Indicates whether the acc/inc occurred off or on an airport On Airport
Distance from airport in statute miles --
Degrees magnetic from airport --
Airport Elevation 13
Weather Briefing Completeness --
Investigator's weather source Unknown
Time of the weather observation 1250 Eastern Standard Time
Direction of event from weather observation facility (degrees) --
Weather Observation Facility ID JFK
Elevation of weather observation facility 13
Distance of event from weather observation facility (units?) --
Time Zone of the weather observation EST
Lighting Conditions Day
Lowest Ceiling Height 1300
Lowest Non-Ceiling Height 700
Sky/Lowest/Cloud Conditions Scattered
Sky Condition for Lowest Ceiling Broken
Visibility Runway Visual Range (Feet) --
Visibility Runway Visual Value (Statute Miles) --
Visibility (Statute Miles) 6
Air Temperature at event time (in degrees celsius) -2
Dew Point at event time (in degress fahrenheit) -6
Wind Direction (degrees magnetic) 340
Variable Wind Indicator Wind direction could be determined
Wind Speed (knots) --
Wind Velocity Indicator --
Wind Gust Indicator Gusting
Wind Gust (knots) 30
Altimeter Setting at event time (in. Hg) 29.52
Density Altitude (feet) --
Intensity of Precipitation --
METAR weather report --
Event Highest Injury None
On Ground, Fatal Injuries --
On Ground, Minor Injuries --
On Ground, Serious Injuries --
Injury Total Fatal --
Injury Total Minor --
Injury Total None 53
Injury Total Serious --
Injury Total All --
Investigating Agency NTSB
NTSB Docket Number (internal use) --
NTSB Notification Source Director of Safety, Freedom Ai
NTSB Notification Date --
NTSB Notification Time --
Fiche Number and/or location -used to find docket information --
Date of most recent change to record Dec 27 2011 3:09PM
User who most recently changed record schd
Basic weather conditions Instrument Meteorological Cond
FAA District Office --

Aircraft Involved

Aircraft #1

Aircraft Registration Number N844MJ
NTSB Number DCA09FA025
Missing Aircraft Indicator --
Federal Aviation Reg. Part Part 121: Air Carrier
Type of Flight Plan filed IFR
Flight plan Was Activated? No
Damage Substantial
Aircraft Fire None
Aircraft Explosion None
Aircraft Manufacturer's Full Name EMBRAER
Aircraft Model EMB145
Aircraft Series Identifier LR
Aircraft Serial Number 145481
Certified Max Gross Weight 48501
Aircraft Category Airplane
Aircraft Registration Class --
Aircraft is a homebuilt? No
Flight Crew Seats 2
Cabin Crew Seats 1
Passenger Seats 50
Total number of seats on the aircraft 53
Number of Engines 2
Fixed gear or retractable gear Fixed
Aircraft, Type of Last Inspection Continuous Airworthiness
Date of Last Inspection Dec 7 2008 12:00AM
Airframe hours since last inspection 135
Airframe Hours --
ELT Installed Yes
ELT Activated No
ELT Aided Location of Event Site No
ELT Type --
Aircraft Owner Name Wells Fargo Bank Northwest NA
Aircraft Owner Street Address --
Aircraft Owner City Salt Lake City
Aircraft Owner State UT
Aircraft Owner Country USA
Aircraft Owner Zipcode 84111
Operator is an individual? No
Operator Name Freedom Airlines Inc.,
Operator Same as Owner? No
Operator Is Doing Business As --
Operator Address Same as Owner? No
Operator Street Address --
Operator City Phoenix
Operator State AZ
Operator Country USA
Operator Zip code 85008
Operator Code FDKA
Owner has at least one certificate Yes - certificate holder
Other Operator of large aircraft? No
Certified for Part 133 or 137 Operation --
Operator Certificate Number --
Indicates whether an air carrier operation was scheduled or not Scheduled
Indicates Domestic or International Flight Domestic
Operator carrying Pax/Cargo/Mail Passenger Only
Type of Flying (Per_Bus / Primary) --
Second Pilot on Board Yes
Departure Point Same as Event Yes
Departure Airport Code JFK
Departure City New York
Departure State NY
Departure Country USA
Departure Time --
Departure Time Zone EST
Destination Same as Local Flt crash at destination city
Destination Airport Code JFK
Destination City New York
Destination State NY
Destination Country USA
Specific Phase of Flight --
Report sent to ICAO? --
Evacuation occurred --
Date of most recent change to record Dec 27 2011 2:01PM
User who most recently changed record schd
Since inspection or accident Time of Accident
Event Location Runway Number and Location N/A
Runway Length --
Runway Width --
Sight Seeing flight No
Air Medical Flight No
Medical Flight --