DOCSLIB.ORG

Aircraft Accident Reports and Other Government Documents: Evidentiary Use in International Air Crash Litigation in the United States William D

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Aircraft Accident Reports and Other Government Documents: Evidentiary Use in International Air Crash Litigation in the United States William D Journal of Air Law and Commerce Volume 74 | Issue 4 Article 2 2009 Aircraft Accident Reports and Other Government Documents: Evidentiary Use in International Air Crash Litigation in the United States William D. Janicki Follow this and additional works at: https://scholar.smu.edu/jalc Recommended Citation William D. Janicki, Aircraft Accident Reports and Other Government Documents: Evidentiary Use in International Air Crash Litigation in the United States, 74 J. Air L. & Com. 801 (2009) https://scholar.smu.edu/jalc/vol74/iss4/2 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Journal of Air Law and Commerce by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. AIRCRAFT ACCIDENT REPORTS AND OTHER GOVERNMENT DOCUMENTS: EVIDENTIARY USE IN INTERNATIONAL AIR CRASH LITIGATION IN THE UNITED STATES WILLIAM D. JANIcI* I. INTRODUCTION .................................. 803 II. USE OF CIVIL AVIATION ACCIDENT REPORTS IN U.S. LITIGATION .............................. 804 A. CIVIL AVIATION ACCIDENT INVESTIGATIONS ...... 806 1. The InternationalCivil Aviation Organization................................ 806 2. Responsible and ParticipatingCountries in an ICAO Aircraft Accident Investigation.......... 807 B. USE OF NTSB ACCIDENT REPORTS IN CIVIL LITIGATION ..................................... 809 1. Role of the NTSB ............................ 809 2. 49 U.S.C. § 1154(b)-Statutory Bar to the Use of NTSB Accident Reports in Civil Litigation .... 809 3. Fed. R. Evid. 803(8)(C)-Government Records Exception to Hearsay Rule and Its Limitations. 811 a. Opinions and Conclusions Are Adm issible ............................. 813 b. Double Hearsay Statements Are Not Adm issible ............................. 813 c. The Report Must Be Trustworthy ...... 814 C. USE OF ICAO ACCIDENT REPORTS IN CIVIL LITIGATION ..................................... 815 1. Fed. R. Evid. 803(8)(C) Applies to ICAO Accident Reports ............................. 816 * B.S., United States Air Force Academy, 1989; M.S., Massachusetts Institute of Technology, 1991; J.D., McGeorge School of Law, 2001. He is a former U.S. Air Force KC-10 pilot. He is a senior associate in the San Diego office of Morrison & Foerster LLP. He is a member of the firm's Aviation Practice with a focus on major aviation accidents, mass tort litigation, and liability of air carriers under international treaties. 802 JOURNAL OF AIR LAW AND COMMERCE 2. Examples of ICAO Accident Reports Evaluated Under the Limitations of Rule 803(8)(C) ...... 816 a. In re Korean Air Lines Disasterof Sept. 1, 1983 ............................ 816 b. Graiver v. Walkers Cay Air Terminal ..... 817 c. Drummond v. Alia-The Royal Jordanian Airline Corp............................. 818 d. In re Air Crash Near Roselawn, Indiana, on October 31, 1994 ..................... 819 III. USE OF MILITARY AVIATION ACCIDENT REPORTS IN U.S. LITIGATION ................... 819 A. MILITARY AVIATION ACCIDENT INVESTIGATIONS.. 821 1. Safety or Mishap Investigation Board Reports.. 821 2. Legal or Collateral Investigation Board Reports ................. .................... 822 B. 10 U.S.C. § 2254(D)-STATUTORY BAR TO THE USE OF OPINIONS AND CONCLUSIONS IN MILITARY AVIATION ACCIDENT REPORTS IN CIVIL LITIGATION ..................................... 823 1. Richardson v. Bombardier Services Corp... 823 2. Lopez v. Three Rivers Electric Cooperative, In c . ........................................ 825 C. DISCLOSURE OF MILITARY SAFETY INVESTIGATION REPORTS ........................................ 826 1. The Machin Privilege-ObtainingMilitary Safety Investigation Reports in Civil Discovery ....... 827 a. Machin v. Zukert ........................ 827 b. United States v. Weber Aircraft Corp...... 828 c. Bray v. United States .................... 828 2. Obtaining Military Safety Investigation Reports Through the FOIA ........................... 829 a. United States v. Weber Aircraft Corp...... 830 b. Badhwar v. U.S. Dep't of Air Force ....... 831 TV. USE OF OTHER GOVERNMENT PREPARED DOCUMENTS IN U.S. LITIGATION .............. 832 A. USE OF NTSB SAFETY RECOMMENDATIONS ...... 832 B. USE OF FAA AIRWORTHINESS DIRECTIVES ........ 835 1. In re Air Crash near Palembang, Indonesia on December 19, 1997 ..................... 837 2. Melville v. American Home Assurance C o .......................................... 837 3. Herndon v. Seven Bar Flying Service, Inc.. 838 4. Murray v. Gates Learjet Corp .............. 838 2009] AIRCRASH ACCIDENT REPORTS 803 5. In re Air Crash Near Roselawn, Indiana, 1997 ....................................... 839 C. USE OF POLICE REPORTS FROM PARALLEL CRIMINAL INVESTIGATIONS INTO AN AVIATION A CCIDENT ....................................... 840 1. In re Air Disaster at Lockerbie, Scotland on December 21, 1988 ..................... 841 2. In re Air Crash near Palembang, Indonesia on December 19, 1997 ..................... 841 V. CONCLUSION ..................................... 842 I. INTRODUCTION NTERNATIONAL AVIATION accidents are often litigated in the United States for a variety of reasons. Plaintiffs may seek higher damages awards offered by U.S. juries. Defendants may seek the protections offered by the Federal Rules of Evidence and Civil Procedure. Both may feel more comfortable in a do- mestic rather than an international forum. Examples abound where plaintiffs chose to file suit in the United States following an international aviation accident, and defendants elected to de- fend these suits in the United States rather than seek dismissal for forum non conveniens. Even if defendants seek such a dis- missal, the motion may be denied for a variety of reasons, leav- ing the action to be tried in the United States. This article examines the evidentiary use of civil and military accident reports and other government documents that involve international air crash litigation in the United States. The arti- cle begins with a brief overview of the international standards for investigating and preparing an accident report under the provisions of the International Civil Aviation Organization (ICAO). It then discusses the evidentiary use of civil accident reports prepared by both the National Transportation Safety Board (NTSB) and by foreign governments under ICAO provi- sions. The article considers the implications of the statutory bar to the use of NTSB reports, ICAO policy statements regarding the purpose and use of accident reports, and the hearsay excep- tions found in the Federal Rules of Evidence. The global War on Terror, with combat operations in both Iraq and Afghanistan, provides a backdrop where U.S. military air crashes in foreign countries have resulted in civil litigation in the United States. This article continues with an examination of aviation accident reports prepared by the armed services. A mil- itary investigation will often result in the preparation of two acci- 804 JOURNAL OF AIR LAW AND COMMERCE dent reports: a safety investigation report and a collateral investigation report. The distinctions between these reports, their evidentiary use, and their discoverability will be discussed. The article concludes with an examination of the evidentiary use of other government documents that may be offered in in- ternational air crash litigation in the United States, such as NTSB safety recommendations, Federal Aviation Administration Airworthiness Directives, and criminal investigation reports pre- pared by law enforcement agencies. II. USE OF CIVIL AVIATION ACCIDENT REPORTS IN U.S. LITIGATION An international aviation accident is often litigated in a U.S. rather than a foreign forum. Several recent examples of com- plaints filed in a U.S. federal district court based on an interna- tional aviation accident are listed below: " One-Two-Go Flight 269: MD-82 crash on September 16, 2007, Phuket, Thailand, killing eighty-nine of its 123 pas- sengers.' Complaint filed in the U.S. District Court of the Northern District of Illinois, September 13, 2008.2 * Mandala Airlines Flight 91: Boeing 737 crash on Septem- ber 5, 2005, Sumatra, Indonesia, killing all ninety-six of its passengers, five crew, and forty-four persons on the ground.' Complaint filed in the U.S. District Court for the District of Connecticut, September 2, 2008.' * Tam Airlines Flight JJ3054: Airbus A320 crash on July 17, 2007, S.o Paulo, Brazil, killing six crew, 162 passengers, and eighteen persons on the ground. Complaint filed in the U.S. District Court for the Southern District of Florida, June 11, 2008.6 NAT'L TRANSP. SAFETY BD., FACTUAL REPORT AVIATION DCA07RA063, at 1 (2007), http://www.ntsb.gov/ntsb/GenPDF.asp?id=DCA07RA063&rpt=fa. The accident is being investigated by the government of Thailand. Id. 2 Complaint, Chudley v. McDonell Douglas Corp., No. 1:08CV05245 (N.D. Ill. Sept. 13, 2008). 3 NAT'L TRANSP. SAFETY BD., FACTUAL REPORT AVIATION DCA05RA096, at 1 (2005), http://wvw.ntsb.gov/ntsb/GenPDF.asp?id=DCA05RA096&rpt=fa. The accident is being investigated by the government of Indonesia. Id. 4 Complaint, Brown v. Boeing Co., No. 3:08CV01325 (D. Conn. Sept. 2, 2008). 5 NAT'L TRANSP. SAFETY BD., FACTUAL REPORT AVIATION DCA07RA059, at 1 (2007), http://www.ntsb.gov/ntsb/GenPDF.asp?id=DCA07RA059&rptfa. The accident is being investigated by the government of Brazil. Id. 6 Complaint, Ura v. Tam Linhas Aereas, S.A., No. 1:08CV21980 (S.D. Fla. July 11, 2008). 2009] AIRCRASH A CCIDENT REPORTS 805 Helisca Helicopter Crash: Sikorsky S-61N
Load more

Recommended publications
  • Seismic Activity and Air Traffic Safety
    Seismic activity and air traffic safety M. Kovalyov Once is an accident, twice is a coincidence, three times is a pattern. Ian Fleming. It has been almost two years since the tragic crash of Germanwings Flight 9525. The cause of the crash was ruled to be co-pilot’s suicide. A huge media frenzy followed the announcement with numerous ’experts’ in aviation, psychology, and every other imaginable field offering their analysis and advice. What has not been mentioned by the media is that the crash was only one of at least six mysterious airplane crashes in the same geographical region: 1) Germanwings Flight 9525 crashed on March 24, 2015 at 9:41 at 44:28oN; 6:44oE 1,2 . After an unprecedentedly short investigation of less then two days3,4 , it was announced that the mentally sick 28-year-old co-pilot Andreas Lubitz barricaded himself inside the cockpit and deliberately rammed the plane into the Alps. But why would the physically fit and smiling 28-year old co-pilot running marathon(s), as shown on the Internet pictures, who just purchased a brand new car, commit suicide? Those who knew him insisted Lubitz was not suicidal5. Many witnesses reported explosion and smoke before the plane plunged into the Alps and debris was found upstream from the crash site suggesting that at least one piece of fuselage had "been detached from the aircraft before impact"6; which can only happen if the plane exploded in the air. 2) Air France Flight 178 crashed on September 1, 1953 at 23:30 Paris time at practically the same place as the previous flight at 44:29oN; 6:7oE 7 amidst violent storms after "the flight had deviated from the planned course for unknown reasons".
    [Show full text]
  • Forum Non Conveniens in Foreign Air Carrier Litigation: a Sustained Response to an Evolving Plaintiffs’ Strategy
    FORUM NON CONVENIENS IN FOREIGN AIR CARRIER LITIGATION: A SUSTAINED RESPONSE TO AN EVOLVING PLAINTIFFS’ STRATEGY By Alan H. Collier 1 Regardless of where an airplane crash occurs – be it a runway in Taiwan or in the airspace over Germany – plaintiffs’ lawyers will inevitably counsel their international clients to bring claims in the United States, regardless of the situs of the accident or even plaintiffs’ residence. Traditionally, the common law doctrine of forum non conveniens has offered American aviation companies protection from claims based on international air crashes filed by foreign plaintiffs in the United States. High verdicts, the right to a jury and fewer restrictions on evidence, however, are all strong incentives to find a way to litigate in America. Plaintiffs will aggressively attempt to avoid the doctrine through any means possible, including bringing suit against U.S. airlines, manufacturers and other entities even though their connection to the accident may be tenuous. Where a defendant can demonstrate that the matter is more sensibly litigated elsewhere – typically the situs of the accident or the plaintiffs’ place of residence – courts will often enforce the forum non doctrine, even though the damages may be less, or the relief available different, than in the U.S. Recent trends among plaintiffs indicate a continuing determination to find a U.S. venue to hear complaints arising from international airplane crashes with little or no U.S. interest involved. Such attempts include asserting claims against U.S.-based defendants who have little or no connection to the crash. Members of marketing-alliances have been sued for the alleged actions of other members, although the alleged tort had nothing to do with the marketing agreement.
    [Show full text]
  • Chapter 1: Introduction and Background
    A GEOGRAPHICAL ANALYSIS OF AIR HUBS IN SOUTHEAST ASIA HAN SONGGUANG (B. Soc. Sci. (Hons.)), NUS A THESIS SUBMITTED FOR THE DEGREE OF MASTER OF SOCIAL SCIENCES DEPARTMENT OF GEOGRAPHY NATIONAL UNIVERSITY OF SINGAPORE 2007 A Geographical Analysis of Air Hubs in Southeast Asia ACKNOWLEDGEMENTS It seemed like not long ago when I started out on my undergraduate degree at the National University of Singapore and here I am at the conclusion of my formal education. The decision to pursue this Masters degree was not a straightforward and simple one. Many sacrifices had to be made as a result but I am glad to have truly enjoyed and benefited from this fulfilling journey. This thesis, in many ways, is the culmination of my academic journey, one fraught with challenges but also laden with rewards. It also marks the start of a new chapter of my life where I leave the comfortable and sheltered confines of the university into the “outside world” and my future pursuit of a career in education. I would like to express my heartfelt thanks and gratitude to the following people, without whom this thesis would not have been possible: I am foremost indebted to Associate Professor K. Raguraman who first inspired me in the wonderful field of transport geography from the undergraduate modules I did under him. His endearing self, intellectual guidance, critical comments and helpful suggestions have been central to the completion of this thesis. A special word of thanks to you Ragu, my supervisor, mentor, inspiration and friend. All faculty members at the Department of Geography, NUS who have taught me (hopefully well enough!) during my undergraduate and postgraduate days in the university and enabled me to see the magic behind the discipline that is Geography.
    [Show full text]
  • ISASI Forum Oct-Dec 2007.Pmd
    Lederer Award Recipient: ‘Independence And Integrity’ Mark Tom McCarthy (Page 6) OCTOBER–DECEMBER 2007 Welcome to Singapore! (Page 3) Sharing Experience and Knowledge (Page 4) ISASI 2007 Trumpets Cooperation in ‘Lion City’ (Page 8) ‘Best in Seminar’ (Page 15) International Cooperation and Challenges: Understanding Cross-cultural Issues (Page 16) To Break the Chain Use AQP (Page 22) ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ CONTENTS FEATURES Volume 40, Number 4 Publisher Frank Del Gandio Editorial Advisor Richard B. Stone Special Section: ISASI 2007—Singapore Editor Esperison Martinez Design Editor William A. Ford 3 Welcome to Singapore! Associate Editor Susan Fager By Frank Del Gandio—ISASI president’s opening address to the 303 delegates Annual Report Editor Ron Schleede attending ISASI 2007. ISASI Forum (ISSN 1088-8128) is pub- 4 Sharing Experience and Knowledge lished quarterly by International Society of Air Safety Investigators. Opinions ex- By Mark V. Rosenker—Keynote address to the ISASI 2007 assembly. pressed by authors do not necessarily rep- 6 Lederer Award Recipient: ‘Independence and resent official ISASI position or policy. Editorial Offices: Park Center, 107 East Integrity’ Mark Tom McCarthy Holly Avenue, Suite 11, Sterling, VA 20164- By Esperison Martinez, Editor—ISASI 2007 award recipient has for 54 years 5405. Telephone 703-430-9668. Fax 703-430- ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ 4970. E-mail address [email protected]; for edi- dedicated his talents to the improvement of aviation safety. tor, [email protected]. Internet website: www.isasi.org. ISASI Forum is not responsible 8 ISASI 2007 Trumpets Cooperation in ‘Lion City’ for unsolicited manuscripts, photographs, or By Esperison Martinez, Editor—The seminar theme “International other materials. Unsolicited materials will be returned only if submitted with a self-ad- Cooperation: From Investigation Site to ICAO” received a thorough airing dressed, stamped envelope.
    [Show full text]
  • National Transportation Safety Board RI LUBUS a N PUNUM E O T
    RAN SP T O L R A T National Transportation Safety Board URIB LUS A N PUNUM E O T I I O T Washington, D.C. 20594 A N N S A D FE R TYBOA Safety Recommendation Date: April 11, 2000 In reply refer to: A-00-30 and -31 Honorable Jane Garvey Administrator Federal Aviation Administration Washington, D.C. 20591 In this letter, the National Transportation Safety Board recommends that the Federal Aviation Administration (FAA) take actions to address safety issues concerning the current lack of cockpit imagery and the location of flight recorder circuit breakers. These recommendations were prompted by the lack of valuable cockpit information during the investigations of several aircraft incidents and accidents, including USAir flight 105 on September 8, 1989, ValuJet flight 592 on May 11, 1996, SilkAir flight 185 on December 19, 1997, Swissair flight 111 on September 2, 1998, and EgyptAir flight 990 on October 31, 1999. This letter summarizes the Safety Board’s rationale for issuing the recommendations. In its report on the September 8, 1989, incident involving USAir flight 105, a Boeing 737, at Kansas City, Missouri, the Safety Board cited the need for a video recording of the cockpit environment.1 The report pointed out the limitations of existing flight recorders to fully document the range of the flight crew actions and communications. It also noted that the introduction of aircraft with electronic “glass” cockpits and the use of data link communications would enable the flight crew to make display and data retrieval selections that will be transparent to the cockpit voice recorder (CVR) and digital flight data recorder (DFDR).
    [Show full text]
  • Air Cargo Symposium Outside the Box: Better Ideas for Air Cargo Safety and Security
    Air Cargo Symposium Outside the Box: Better Ideas for Air Cargo Safety and Security November 5, 2015 Mayflower Hotel Washington, D.C. AIR LINE PILOTS ASSOCIATION, INTERNATIONAL Air Cargo Symposium Outside the Box: Better Ideas for Air Cargo Safety and Security The all-cargo airline environment is fast-paced, dynamic, and faces numerous unique risk-management challenges. Join us for an information-packed day as we explore with government and industry experts ways of improving safety and security for this vital segment of the transportation industry. November 5, 2015 District Ballroom | Mayflower Hotel | Washington, D.C. 7:15 a.m. – 8:15 REGISTRATION AND CONTINENTAL BREAKFAST 8:15 – 8:45 OPENING AND WELCOME ADDRESS Emcee, Captain Mark Harrison—ASO Communications Coordinator, Air Line Pilots Association, Int’l Captain Tim Canoll—President, Air Line Pilots Association, Int’l 8:45 – 9:10 OPENING KEYNOTE ADDRESS The Honorable Chris Hart—Chairman, National Transportation Safety Board AGENDA 9:10 – 10:30 MITIGATING RISKS FOR ALL-CARGO OPERATIONS Moderator, Captain Rich Hughey—Chair, President’s Committee for Cargo, Air Line Pilots Association, Int’l Captain Michael Moody Jr.—Chairman, Safety Committee, Independent Pilots Association Mr. Steve Alterman—President, Cargo Airline Association Mr. Stephen Moates—ASI Part 121 Air Carrier Operations, Federal Aviation Administration First Officer Preston Greene—FedEx MEC Security Chairman, Cargo Security Subject-Matter Expert, Air Line Pilots Association, Int’l 10:30 – 10:50 NETWORKING BREAK 10:50 – 12:05 p.m. SAFE TRANSPORTATION OF HAZARDOUS MATERIALS Moderator, Captain Scott Schwartz—Director, Dangerous Goods Program, Air Line Pilots Association, Int’l Mr.
    [Show full text]
  • Department of Transportation Federal Aviation Administration
    Friday, March 7, 2008 Part III Department of Transportation Federal Aviation Administration 14 CFR Parts 23, 25, 27 et al. Revisions to Cockpit Voice Recorder and Digital Flight Data Recorder Regulations; Final Rule VerDate Aug<31>2005 21:04 Mar 06, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\07MRR2.SGM 07MRR2 jlentini on PROD1PC65 with RULES2 12542 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Authority for This Rulemaking Recommendation No. A–96–89. The FAA’s authority to issue rules Within two years, require all aircraft Federal Aviation Administration regarding aviation safety is found in required to have a CVR to be retrofitted Title 49 of the United States Code. with a CVR that receives, on dedicated 14 CFR Parts 23, 25, 27, 29, 91, 121, Subtitle I, Section 106 describes the channels, (1) uninterrupted input from 125, 129 and 135 authority of the FAA Administrator. the boom or mask microphone and headphones of each crewmember; and [Docket No. FAA–2005–20245; Amendment Subtitle VII, Aviation Programs, describes in more detail the scope of the (2) uninterrupted input from an area No. 23–58, 25–124, 27–43, 29–50, 91–300, microphone. During these recordings, a 121–338, 125–54, 129–45, and 135–113] agency’s authority. This rulemaking is promulgated sidetone must be produced only when RIN 2120-AH88 under the authority described in the transmitter or interphone is selected. Subtitle VII, Part A, Subpart III, Section Finally, all audio signals received by Revisions to Cockpit Voice Recorder 44701.
    [Show full text]
  • Germanwings Flight 9525 - Wikipedia, the Free Encyclopedia
    Germanwings Flight 9525 - Wikipedia, the free encyclopedia http://en.wikipedia.org/w/index.php?title=Germanwings_Flight_9525&printable=yes Coordinates: 44°16 ′50 ″N 6°26 ′20 ″E Germanwings Flight 9525 From Wikipedia, the free encyclopedia Germanwings Flight 9525 ( 4U9525 /GWI18G [5][a]) was a scheduled international passenger flight from Barcelona–El Prat Airport in Spain to Düsseldorf Airport in Germany, operated by Germanwings, a low-cost airline owned by Lufthansa. Germanwings Flight 9525 On 24 March 2015, the aircraft, an Airbus A320-200, crashed 100 kilometres (62 mi) northwest of Nice, in the French Alps, after a constant descent that began one minute after the last routine contact with air traffic control and shortly after the aircraft had reached its assigned cruise altitude. All 144 passengers and six crew members were killed. French and German prosecutors believe that the crash was intentionally caused by the co-pilot, 27-year-old Andreas Lubitz. Although he had been declared "unfit to work" and was hiding an illness from his employers, Lubitz reported for duty nonetheless, locking the captain out of the cockpit before initiating a descent that caused the plane to impact a mountain. In response to the incident and the circumstances of Lubitz's involvement, aviation authorities in Canada, New Zealand, Germany and Australia implemented new regulations that require two authorized personnel to be present in the cockpit at all times. [6][7][8][9] Three days after the D-AIPX, the aircraft involved in the incident, [10] incident the European Aviation Safety Agency issued a temporary recommendation for airlines to ensure that at least two crew members, including at least one pilot, are in the cockpit at all times of the flight.
    [Show full text]
  • Directors General of Civil Aviation Conference on a Global Strategy for Aviation Safety
    DGCA/06-IP/37 16/3/06 DIRECTORS GENERAL OF CIVIL AVIATION CONFERENCE ON A GLOBAL STRATEGY FOR AVIATION SAFETY Montréal, 20 to 22 March 2006 Agenda Item 1: The status of aviation safety today 1.3: Initiatives by States and industry INITIATIVES BY STATES AND INDUSTRY (Presented by the United States) SUMMARY Although the investigations of these fatal air transport accidents are ongoing, in each of the seven accidents, the factual data available to date has not revealed a technical failure of the aeroplane that would lead to a major accident. However, operational factors appear to be present in every event. There is ample evidence of non-compliance with established procedures and checklists, failure of the industry standard and accepted crew resource management concepts, and less than acceptable adherence to the strategies necessary to avoid controlled flight into terrain. Evidence in these accidents indicates some air transport crews display airmanship that is sub-standard for the commercial aviation industry. Further, aircrew and maintenance personnel performance puts into question their training and the airline management practices, and reflects directly on the diligence of the State of the Operator aeronautical authorities to conform to the standards expected within the international aviation community. These findings should be of continuing concern to the world aviation community, particularly from the viewpoint of a host State receiving international traffic or in considering the risk to airline passengers on a regional basis. ICAO and Contracting States must continue to strive toward the highest possible level of safety for the 21st century to ensure that the global aviation community is not compromised and the variation in safety among world regions is eliminated.
    [Show full text]
  • Usair Flight 427, a 737-300, Crashed Near Pittsburgh, PA, Killing 132 People
    WITHOUT PREJUDICE Prime Minister Datuk Seri Najib Razak, Malaysia 8-7-2014 Email: [email protected] 5 Cc: Datuk Azharuddin Abdul Rahman (DCA) director-general DEPARTMENT OF CIVIL AVIATION, MALAYSIA No. 27 Persiaran Perdana Aras 1-4 Blok Podium, 62618 Putrajaya Tel : +60388714000 Fax : 603 - 8890 1640 Email : [email protected] 10 Mr Tony Abbott MP (Commonwealth of Australia) [email protected] Re: 20140708-G. H .Schorel-Hlavka O.W.B. to Datuk Seri Najib Razak Prime Minister of Malaysia & Mr Tony Abbott PM- Re: MISSING PLANE 15 Sir, I understood that MH380 a 737 had previous problems when on a flight from Australia to Kuala Lumpur. At least that is what I understood from a television program about 737 rudder problems. While missing flight HM370 is a 777 it doesn’t mean that a problem that may have occurred in one model (737) may not eventuate in a new model (777). While I understand that 20 MH 380 had its flight from Kuala Lumpur to Guangzhou nevertheless as I recall the program to refer to MH380 - 737 having this rudder problem when flying from Australia to Kuala Lumpur I hold it important to remain open minded. Also, the fact that reportedly (see quotation below) Malaysian Airlines may have financial difficulties one has to consider if then for insurance purposes MH370 disappeared as to be ab le to obtain some cash. It may be held to be a ridiculous 25 consideration but not really when one may consider other factors regarding highly skilled person awaiting approval of a patent, etc, word huge amount of monies and reportedly valuable cargo.
    [Show full text]
  • Lessons Learned from Commercial Airplane Accidents
    Air Safety Through Investigation JULY-SEPTEMBER 2016 Journal of the International Society of Air Safety Investigators Page 4 Challenges of Sea Search-and-Recovery Operations Page 12 The Rogue Pilot Phenomenon Page 17 Lessons Learned From Commercial Airplane Accidents Page 18 Modern Technologies and Methodologies Improve Helicopter Accident Investigation Page 24 ‘Independence Does Not Mean Isolation’: A Practical Approach CONTENTS Air Safety Through Investigation Journal of the International Society of Air Safety Investigators FEATURES Volume 49, Number 3 4 Challenges of Sea Search-and-Recovery Operations Publisher Frank Del Gandio Editorial Advisor Richard B. Stone By Tatang Kurniadi, Chairman, Indonesia National Transportation Safety Esperison Martinez Committee, and Ng Junsheng, Accident Investigator, Air Accident Investigation Editor Bureau of Singapore—The authors detail the challenges faced by the search team Design Editor Jesica Ferry and the excellent cooperation among the international specialists in the successful Associate Editor Susan Fager sea search-and-recovery operation of the AirAsia Indonesia A320 aircraft operating ISASI Forum (ISSN 1088-8128) is published quar- as Flight QZ8501. terly by the International Society of Air Safety 12 The Rogue Pilot Phenomenon Investigators. Opinions expressed by authors do not necessarily represent official ISASI position By Thomas Anthony, Director, Aviation Safety and Security Program, Viterbi or policy. School of Engineering, University of Southern California—The Germanwings crash has brought the rogue pilot phenomenon to the front and center of aviation Editorial Offices: Park Center, 107 East Holly safety attention. The author adds two additional perspectives to the inquiry into a Avenue, Suite 11, Sterling, VA 20164-5405. Tele- potential rogue pilot investigation: the perspective of a profiler of criminal behav- phone 703-430-9668.
    [Show full text]
  • The Honorable Christopher A. Hart Acting Chairman on Behalf of the National Transportation Safety Board Before the Subcommittee
    NATIONAL TRANSPORTATION SAFETY BOARD An independent federal agency The Honorable Christopher A. Hart Acting Chairman On Behalf of the National Transportation Safety Board Before the Subcommittee on Transportation and Public Assets Committee on Oversight and Government Reform United States House of Representatives Hearing on Preventing Another MH370: Setting International Standards for Airline Flight Tracking Washington, DC February 25, 2015 Chairman Mica, Ranking Member Duckworth, and Members of the Subcommittee, thank you for inviting the National Transportation Safety Board (NTSB) to testify before you today. The NTSB is an independent Federal agency charged by Congress with investigating every civil aviation accident and significant incidents in the United States and significant accidents and incidents in other modes of transportation – railroad, highway, marine and pipeline. The NTSB determines the probable cause of accidents and other transportation events and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the Federal Government and other organizations to provide assistance to victims and their family members impacted by major transportation disasters. Today, I would like to summarize for the Subcommittee the paramount role played by recorders in determining the cause of an aviation accident or incident; information the NTSB obtained in a forum we hosted in October 2014 on Emerging Flight Data and Locator Technology; and the series of recommendations we issued last month to the Federal Aviation Administration (FAA) calling for improvements in locating downed aircraft and ways to obtain critical flight data faster and without the need for immediate underwater retrieval.
    [Show full text]