Aviation Law Air Crash Investigations

1. Aviation LawAir Crash Investigations By Robert Grove, Matthew Belham, Thomas Fogg & Chris Barritt.

2. "In the Aviation Law System the Aviation Industry are represented by two separate, yet equally important groups. The ATSB who investigate crashes and CASA who prevent them. These are their stories."

4. ATSB Statistics • 107 Accidents • 195 ‘Serious’ incidents • Over 7,300 incidents involving Australian Registered Aircraft. • 570 Occurrences with foreign aircraft.

5. ATSB Statistics • General Aviation was involved in 38 percent of incidents. • Airspace incursions, compliance with air traffic control, and birdstrikes were the most common incidents reported • Accidents and serious incidents involved terrain collisions, engine failures, and a loss of aircraft control.

6. ATSB Statistics • Private/Business had highest number of incidents • 15 fatal accidents resulting in 22 fatalities • Commercial had the lowest number of incidents. • helicopters had a higher rate of accidents and fatal accidents than aeroplanes

7. “Pilots and operators should use the misfortunes of others to help identify the safety risks in their operation that could lead to a similar accident or serious incident.”- ATSB

8. Whose in charge?

11. Mr Martin Dolan            CHIEF COMMISSIONER Martin Dolan was appointed as the first Chief Commissioner of the ATSB on 1 July 2009 for a term of five years. Mr Dolan has worked as a Commonwealth public servant for 30 years. Prior to the ATSB, he was Chief Executive Officer of Comcare, with responsibility for the occupational health and safety and workers' compensation of Commonwealth employees. Ms Carolyn Walsh                                                                                       COMMISSIONERCarolyn Walsh has over 25 years experience in policy development, regulation and safety management at both the Commonwealth and state levels. She has 10 years experience in the transport sector, initially as Executive Director, Strategy in the NSW Office of the Coordinator-General of Rail, and then as the Chief Executive of the NSW Independent Transport Safety and Reliability Regulator (ITSRR). Mr Noel Hart COMMISSIONERNoel Hart has over 30 years experience in the shipping industry, including thirteen years at sea in senior deck officer positions. His qualifications include a Master Mariner Class One degree and business administration and MBA certificates

12. The Australian Transport Safety Bureau (ATSB) is Australia’s national transport safety • investigator. • Its Investigations seek to identify safety issues and encourage safety action to reduce • the risk of future accidents and incidents. • The ATSB is governed by a Chief commissioner and two or more commissioners. • An aviation accident is defined by the Convention on International Civil Aviation Annex 13 as an ; • Occurrence associated with the operation of an aircraft, which takes place between the time any person boards the aircraft with the intention of flight until all such persons have disembarked, where a person is fatally or seriously injured, the aircraft sustains damage or structural failure or the aircraft is missing or is completely inaccessible

13. The ATSB is the federal government body responsible for investigating transport-related accidents and incidents within Australia. • It covers air, sea and rail traveland is an independent Commonwealth Government statutory Agency. • The ATSB is governed by a Commission and is entirely separate from transport regulators, policy makers and service providers. Its headquarters are located in Canberra, but it does have offices in, Adelaide, Brisbane and Perth. • It has about 110 employees, including about 60 investigators of aviation, marine, and rail accidents and incidents.

14. Acts • Many aviation incidents and all accidents are reportable to the (ATSB) under the • Transport Safety Investigation Act 2003. • Air Navigation Act 1920 • Navigation Act 2012 • Civil Aviation Act 1988

15. Regulations • Transport Safety Investigation regulation 2003 • Air Navigation Regulation 1947 • Civil Aviation Regulations 1988 • Transport Safety Investigation (voluntary and confidential reporting scheme) regulation 2012

16. What they do essentially.. - Section 12AA (3) of the TSI Act, clearly states that it is NOT the function of the ATSB to: • Apportion blame for transport accidents or incidents; • Provide the means to determine the liability of any person in respect of a transport accident or incident; • Assist in court proceedings between parties (except as expressly provided for in the Act); or • Allow any adverse inference to be drawn from the fact that a person is subject to an investigation under this Act

17. An ATSB investigation is purely aimed at determining the factors which led to an accident or safety incident so that lessons can be learned and transport safety improved in the future. • The ATSB's ability to conduct an investigation with this objective would be compromised if it sought to lay blame, as the future free-flow of safety information could not be guaranteed. • ATSB investigation reports cannot be used in criminal or civil proceedings. Release of sensitive safety information obtained by the ATSB is strictly regulated.

18. Liability may arise in relation to an ATSB investigation if a responsible person does not report an immediately reportable matter (IRM) or routine reportable matter (RRM), or if a person deliberately hampers an investigation, or releases sensitive safety information without authorisation.

19. http://www.atsb.gov.au/map.aspx

20. ATSB Vs CASA • CASA – Independent Commonwealth statutory Authority(They blame) • ATSB – Independent Commonwealth Statutory Agency(They Don’t Blame)

21. CASA

22. CASA’s Role • ATSB investigate • CASA read reports and find out the causes • CASA put forward new regulations to Parliament

23. CASA’s Role • Prevention better than cure • What is done to prevent incidents?

24. CASA officers conducting inspections, tests, etc. • Tests/and or inspections on the aircraft, the pilot, and aerodromes • Can be done unannounced • CASA officers don’t need consent • Must provide identification

25. CASA’s Role • They are authorised to conduct inspections under the following: • Civil Aviation Regulations 1988 30(4), 30(6), 53 and 305 • Civil Aviation Act 1988 Part IIIA and section 32ACB

26. Regulations 30(4), 30(6), 53 and 305

30. Civil Aviation Act 1988, Part IIIA and section 32ACB

31. Inspections on and around aircrafts • CASA inspectors have a role in the acceptable standard of maintenance and inspection on aircrafts • CASA inspectors look at inside and outside airworthiness of the aircraft, as well as the ground operations • Company can be fined if do not comply • CASA inspectors can supervise maintenance

32. Regulation 254, ‘Exits and passageways not to be obstructed’

33. Inspections/tests on people • Drug and Alcohol testing • Test results • This is covered in section 36 of the act, and regulation 256

34. Civil Aviation Act 1988, Section 36

35. Civil Aviation Act 1988, Section 36

36. Regulation 256

37. Relevance Why have we bored you with this?

38. Incident Investigation • QANTAS flight QF32 • Airbus A380

39. Second Leg of London to Singapore Incident happened overhead Batam Island, Indonesia.

41. Incident Investigation • Incident occurred over Batam Island, Indonesian Airspace.

42. Incident Investigation • Incident occurred over Batam Island, Indonesian Airspace. • Plane turned around and landed at Changi Airport, Singapore.

43. Incident Investigation • Incident occurred over Batam Island, Indonesian Airspace. • Plane turned around and landed at Changi Airport, Singapore. • Why ATSB?

44. Incident Investigation • “The ATSB is responsible for investigating accidents and other transport safety matters involving civil aviation, marine and rail operations in Australia that fall within Commonwealth jurisdiction, as well as participating in overseas investigations involving Australian registered aircraft and ships.” • Transport Safety Investigation Act 2003

45. Incident Investigation ATSB CASA • Runs full investigation over incident.

46. Incident Investigation ATSB CASA • Runs full investigation over incident. • Recommends Rolls Royce “address safety issues”.

47. Incident Investigation ATSB CASA • Runs full investigation over incident. • Recommends Rolls Royce “address safety issues”. • Unimpressed with Rolls Royce’s steps. Consults with CASA.

48. Incident Investigation ATSB CASA Issues maintenance direction to Qantas under Regulation 38 of the Civil Aviation Regulations 1988. • Runs full investigation over incident. • Recommends Rolls Royce “address safety issues”. • Unimpressed with Rolls Royce’s steps. Consults with CASA.

49. Incident Investigation ATSB CASA Issues maintenance direction to Qantas under Regulation 38 of the Civil Aviation Regulations 1988. ”(1) CASA may give directions relating to the maintenance of Australian aircraft for the purpose of ensuring the safety of air navigation.” Regulation 38 of the Civil Aviation Regulations 1988 • Runs full investigation over incident. • Recommends Rolls Royce “address safety issues”. • Unimpressed with Rolls Royce’s steps. Consults with CASA.

50. Incident Investigation • QANTAS immediately grounds A380 fleet.