Embraer EMB145 accident near New York, New York, December 31, 2008
On December 31, 2008 at about 5:59 pm local time, a Embraer EMB145, registered N844MJ, was substantially damaged in an accident during pushback/tow (engine not oper) near New York, New York (John F. Kennedy International airport). It was flown under scheduled airline rules (Part 121). No one was hurt; 53 people were on board or involved. The weather was instrument conditions (cloud, fog or low visibility).
The NTSB's probable cause their words, unchanged
The tug driver's failure to comply with ramp safety procedures.
Source: NTSB aviation accident database, copy made October 5, 2026. Docket and reports at the NTSB.
What the record shows
- Date
- December 31, 2008 · about 5:59 pm local time
- Place
- New York, New York · John F. Kennedy International · map
- Type
- Accident
- Injuries
- No one was hurt; 53 people were on board or involved.
- Weather
- instrument conditions (cloud, fog or low visibility)
- Aircraft
- Embraer EMB145 LR · all EMB145s on the register
- Registration
- N844MJ · no longer on the register · serial 145481
- Damage
- Substantial damage
- Flight
- Flight · scheduled airline rules (Part 121)
The NTSB's narrative final · quoted from the NTSB record
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.
The complete narrative as the NTSB published it. The NTSB's docket holds the report as a PDF and any photographs, statements and other documents from the investigation.
The factual record from the NTSB's investigation tables, in plain English
What happened, in order
- Aircraft servicing event during standing (engine(s) not oper)
- Miscellaneous/other during pushback/tow (engine not oper) defining event
The NTSB's findings
- cause Aircraft › Aircraft handling/service › Towing and taxiing › Taxiing › Not specified
Pilot
- Certificate: airline transport pilot, flight instructor
- Ratings: multi-engine land; single-engine land; instructor: airplane multi-engine; instructor: airplane single-engine; instrument: airplane
- Flight time: 5,821 hours in all; 2,883 in this make and model; 212 in the last 90 days; 58 in the last 30 days
- Last flight review: November 22, 2008
- Medical certificate: Class 1 (without waivers/limitations)
- Seat: left
- Injury: no injuries
Co-pilot
- Certificate: commercial pilot
- Ratings: multi-engine land; single-engine land; instructor: airplane single-engine; instrument: airplane
- Flight time: 1,990 hours in all; 1,100 in this make and model
- Last flight review: July 13, 2008
- Medical certificate: Class 1 (without waivers/limitations)
- Seat: rgt
- Injury: no injuries
The aircraft
- Last inspection: continuous airworthiness programme, December 7, 2008; 135 hours since
- Maximum gross weight: 48,501 lb
- Seats: 53
- Landing gear: fixed
- Engine 1: Allison AE3007 (turbofan); 0 hours total
- Engine 2: AE3007 (turbofan); 0 hours total
- Operator: Freedom Airlines Inc.,
The flight
- Departed from: JFK New York NY
- Destination: JFK New York NY
- Flight plan: IFR
- A second pilot was aboard
Weather at the time
- Light: daylight
- Visibility: 6 statute miles
- Sky: broken clouds at 1,300 ft; scat at 700 ft
- Temperature: 28°F (-2°C), dew point 21°F (-6°C)
- Altimeter: 29.52 inHg
- Observation at 5:50 pm from JFK
Injuries
| Fatal | Serious | Minor | None | |
|---|---|---|---|---|
| Cabi | 1 | |||
| Flight crew | 2 | |||
| Passengers | 50 |
Documents from the investigation the NTSB's docket: the evidence folder behind the report
The docket, the folder of records gathered during an investigation (maintenance records, photographs, witness statements, examinations), has not been read from the NTSB for this case yet; the list appears here once it has. Open the docket at the NTSB.
Everything on this page comes from the NTSB's public records. The narrative, probable cause and findings are the NTSB's own words; the coded tables behind the report are written out in plain English, with pilots' ages, home towns and medical details left out. The documents and photographs are the NTSB's docket, shown as the NTSB released them. This site's own text never names anyone involved. A preliminary report can change; the final report usually follows one to two years later, and the page is refreshed when it does.