Nine deaths in New York should make it clear that expecting pilots to “see and avoid” each other in congested commercial airspace is an invitation to tragedy. The Aug. 8 collision of a helicopter and a private plane over the Hudson River in New York City is also more evidence that the Federal Aviation Administration isn’t doing its job. National Transportation Safety Board Chairwoman Debbie Hersman said the evidence suggests that the pilot of the sightseeing helicopter carrying five Italian tourists was gaining altitude and not in a position to see the oncoming single-engine Piper. The helicopter was clipped by the Piper’s right wing, sending both aircraft plunging into the river. Visual flight rules were in effect, requiring both pilots to watch for each other and periodically announce their positions on a common radio frequency. It was not enough.

Former NTSB board member Greg Feith says the FAA is “playing the odds” by allowing low-flying aircraft to get so close to each other. He’s right. Piper pilot Steve Altman, who was killed in the crash with his brother and 16-year-old nephew, was described by fellow pilot Arthur Wolk as an “above average” aviator who flew sick kids to the hospital. But, Wolk added, “You can’t avoid what you don’t see.”