DOCSLIB.ORG

Aviation Law 2018 6Th Edition

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Aviation Law 2018 6Th Edition ICLG The International Comparative Legal Guide to: Aviation Law 2018 6th Edition A practical cross-border insight into aviation law Published by Global Legal Group, with contributions from: AKD Benelux Lawyers Kubes Passeyrer Attorneys at Law ARNECKE SIBETH DABELSTEIN Lakshmikumaran & Sridharan Arte Law Firm LeClairRyan ASBZ Advogados Maples and Calder Azmi & Associates Mori Hamada & Matsumoto Bird & Bird ONV LAW Cervantes Sainz, S.C. PRIMUS attorneys at law Clyde & Co Sayenko Kharenko Dentons Canada LLP STA Law Firm Dingli & Dingli Law Firm Studio Pierallini Excello Law Ventura Garcés & López-Ibor Abogados Gongora Reina & Associates VISCHER AG Gross, Orad, Schlimoff & Co. (GOS) Weerawong, Chinnavat & Partners Ltd. K&L Gates LLP Katten Muchin Rosenman UK LLP Kreindler & Kreindler LLP The International Comparative Legal Guide to: Aviation Law 2018 General Chapters: 1 On a Wing and a Prayer? Cyber Security in the Commercial Aviation Sector – Alan D. Meneghetti & Sarah Simpson, Katten Muchin Rosenman UK LLP 1 2 Alitalia – the Mirage and the Madness – Philip Perrotta, K&L Gates LLP 5 Contributing Editors 3 Nothing Comes Easy in International Air Crash Litigation – Marc S. Moller & Justin T. Green, Alan D. Meneghetti, Katten Kreindler & Kreindler LLP 10 Muchin Rosenman UK LLP and Philip Perrotta, K&L 4 WALA: 10 Years of Growth in the Airport Sector – Alan D. Meneghetti & Michael Siebold, Gates LLP Worldwide Airports Lawyers Association (WALA) 15 Sales Director Florjan Osmani Country Question and Answer Chapters: Account Director Oliver Smith 5 Austria Kubes Passeyrer Attorneys at Law: Dr. David Kubes 17 Sales Support Manager 6 Brazil ASBZ Advogados: Guilherme Amaral & Luiza Rossingnoli 23 Toni Hayward Editor 7 Canada Dentons Canada LLP: Robert Quon & Stacy Shields 28 Nicholas Catlin 8 Colombia Gongora Reina & Associates: Jorge Góngora 36 Senior Editors Suzie Levy 9 Denmark Bird & Bird: Julie Bak-Larsen 42 Caroline Collingwood Chief Operating Officer 10 France Clyde & Co: Maylis Casati-Ollier & Benjamin Potier 49 Dror Levy 11 Germany ARNECKE SIBETH DABELSTEIN: Holger Buerskens & Ulrich Steppler 58 Group Consulting Editor Alan Falach 12 India Lakshmikumaran & Sridharan: Neeraj Dubey & Rohit Subramanian 67 Publisher 13 Ireland Maples and Calder: Donna Ager & Mary Dunne 75 Rory Smith Published by 14 Israel Gross, Orad, Schlimoff & Co. (GOS): Omer Shalev 85 Global Legal Group Ltd. 59 Tanner Street 15 Italy Studio Pierallini: Laura Pierallini & Francesco Grassetti 93 London SE1 3PL, UK 16 Japan Mori Hamada & Matsumoto: Hiromi Hayashi 102 Tel: +44 20 7367 0720 Fax: +44 20 7407 5255 17 Kyrgyzstan Arte Law Firm: Aisulu Chubarova & Liliia Kim 111 Email: [email protected] URL: www.glgroup.co.uk 18 Lithuania PRIMUS attorneys at law: Paulius Docka 117 GLG Cover Design F&F Studio Design 19 Malaysia Azmi & Associates: Norhisham Abd Bahrin & Rosinah Mohd Salleh 124 GLG Cover Image Source 20 Malta Dingli & Dingli Law Firm: Dr. Tonio Grech 132 iStockphoto 21 Mexico Cervantes Sainz, S.C.: Luis A. Cervantes Muñiz & Printed by Ashford Colour Press Ltd Alejandro Zendejas Vásquez 139 January 2018 22 Netherlands AKD Benelux Lawyers: Guido de Vos & Maaike Lustenhouwer 145 Copyright © 2018 Global Legal Group Ltd. 23 Romania ONV LAW: Mihai Furtună & Ioana Anghel 152 All rights reserved No photocopying 24 Spain Ventura Garcés & López-Ibor Abogados: Alfonso López-Ibor Aliño & Pablo Stöger Pérez 160 ISBN 978-1-911367-90-1 ISSN 2050-9839 25 Sweden Excello Law: Stephan Eriksson 169 Strategic Partners 26 Switzerland VISCHER AG: Urs Haegi & Dr. Thomas Weibel 176 27 Thailand Weerawong, Chinnavat & Partners Ltd.: Nattaporn Pengkul & Panuwat Chaistaporn 184 28 Ukraine Sayenko Kharenko: Andrei Liakhov 190 29 United Arab Emirates STA Law Firm: Rini Agrawal & Smriti Ganotra 198 30 United Kingdom Katten Muchin Rosenman UK LLP: Alan D. Meneghetti & K&L Gates LLP: Philip Perrotta 205 31 USA LeClairRyan: Diane Westwood Wilson & Rebecca Tingey 218 Further copies of this book and others in the series can be ordered from the publisher. Please call +44 20 7367 0720 Disclaimer This publication is for general information purposes only. It does not purport to provide comprehensive full legal or other advice. Global Legal Group Ltd. and the contributors accept no responsibility for losses that may arise from reliance upon information contained in this publication. This publication is intended to give an indication of legal issues upon which you may need advice. Full legal advice should be taken from a qualified professional when dealing with specific situations. WWW.ICLG.COM Dear Industry Colleagues, On behalf of the International Air Transport Association, I would like to thank Global Legal Group for their efforts in publishing the 6th edition of The International Comparative Legal Guide to: Aviation Law. They have brought together preeminent aviation law firms from across the globe, providing a worldwide legal update in a single volume. IATA hopes that you find this edition enlightening and useful. The invitation to participate in this publication was well received by the world’s leading law firms, thereby validating the continued growth and interest in aviation practice around the world. We thank the authors for so generously sharing their knowledge and expertise, and for making this publication so valuable a contribution to our profession. IATA is the trade association for the world’s airlines. Our vision is to be the force for value creation and innovation, driving a safe, secure and profitable air transport industry that sustainably connects and enriches our world. This publication is wholly aligned with that vision. Our next global event is the IATA Legal Symposium, the world’s premier annual aviation law conference, which will take place in Bangkok, Thailand from 27 February to 1 March 2018. For further information please visit our website at http:// www.iata.org/events/Pages/legal-symposium.aspx. We hope you can join us. Sincerely, Jeffrey N. Shane General Counsel Chapter 1 On a Wing and a Prayer? Cyber Security in the Alan D. Meneghetti Commercial Aviation Sector Katten Muchin Rosenman UK LLP Sarah Simpson ■ nearly half of British businesses had discovered at least one Introduction cyber security breach or attack in the past year; Several high-profile organisations have endured damaging publicity ■ businesses increasingly see cyber security as an important issue; for cyber security failings, including eBay, Home Depot, Target, JP Morgan Chase, UPS, Apple, TalkTalk and, most recently, the ■ businesses still feel the need to seek information, advice or guidance on cyber security risks and how to protect record-breaking Equifax incident. The cost of this latter incident themselves from them; remains unknown at the time of writing as the extent of the breach is still being assessed, but what is certain is that the company will ■ a staggering 72% of reported attacks begin where a member of staff receives a fraudulent email, with 33% caused by face an untold amount of fines, lost profits and a significant amount viruses, spyware and malware; of negative publicity as a result of the data incident. In the UK, the TalkTalk breach resulted in the largest (at the time) fine by the ■ typically, businesses only experience a handful of breaches per year, but some suffer considerably more; UK’s regulator, the Information Commissioner. Tellingly, an in- depth investigation conducted by the Information Commissioner’s ■ the average cost of a breach for large businesses is around Office found that an attack on the telecoms giant could have been £19,600; and prevented if TalkTalk had taken basic steps to protect its customers’ ■ only 26% of businesses report a breach to an external agency. information. In light of these statistics, it is clear that cyber security should be Hackers include organised criminals, employees, rogue states, a fundamental consideration for airlines. If airlines can prevent competitors, terrorists and ‘hacktivists’. As a starting point, it is breaches through robust processes and procedures, they will avoid important for airlines to acknowledge that cyber security is not just what can be disastrous consequences. Unfortunately, however, the an IT issue; it is also a people and processes issue, requiring airlines inevitable sometimes happens, so to be prepared with a disaster to embrace education and an awareness of cyber security across their recovery plan is equally as important. workforce and supply chains. It is also, unfortunately, inevitable. Key Questions for Airlines What is a Cyber Attack? In our experience, some of the key questions for airlines to consider In a nutshell, a cyber attack is an assault by a third party via a and address are: computer, against another computer or computer system. The ■ Do we have a sound understanding of our cyber risks and the attack often aims to compromise the integrity, availability and likely impact on operations and brands if an incident occurs? confidentiality of that computer or computer system. By way of ■ Have we put in place governance, policy and operational example, attacks can include: frameworks that are of accepted industry and professional ■ a remote attack on an airline’s IT system or website; or standards for cyber security and related matters, such as those within the ISO 27000 series? ■ an attack on information held in third-party systems, for example an attack on the airline’s bank account or global ■ Are our frameworks for cyber security, and those of our distribution supplier. suppliers, subject
Load more

Recommended publications
  • International Review of Road Collision Investigation Approaches
    Mobility • Safety • Economy • Environment International Review of Road Collision Investigation Approaches Saul Jeavons and Adrian Runacres The Transafe Network Ltd December 2020 The Royal Automobile Club Foundation for Motoring Ltd is a transport policy and research organisation which explores the economic, mobility, safety and environmental issues relating to roads and their users. The Foundation publishes independent and authoritative research with which it promotes informed debate and advocates policy in the interest of the responsible motorist. RAC Foundation 89–91 Pall Mall London SW1Y 5HS Tel no: 020 7747 3445 www.racfoundation.org Registered Charity No. 1002705 December 2020 © Copyright Royal Automobile Club Foundation for Motoring Ltd Mobility • Safety • Economy • Environment International Review of Road Collision Investigation Approaches Saul Jeavons and Adrian Runacres The Transafe Network Ltd December 2020 About the Authors Saul Jeavons is Director of The Transafe Network Ltd. Saul is a transport risk management specialist who takes a multidisciplinary approach to road safety problems. He was formerly the Head of Investigations and Risk Management at the UK’s Transport Research Laboratory (TRL), where his role included responsibility for road safety, collision investigation, and fleet safety teams, as well as on-scene management of rail crash incident teams. He sat on the National Level Crossing Safety Group and oversaw TRL’s multi-disciplinary input into the Ufton Nervet rail crash (2004). Saul has undertaken road safety projects for major private sector, multinational clients including BP, Shell, and ExxonMobil, as well as for government departments and other public bodies in the UK and overseas. He has worked on projects in more than 30 countries in Europe, Africa, the Middle East, Far East, Central and South East Asia, North and South America, and Australasia.
    [Show full text]
  • Final Report Boeing 747-412F TC-MCL 1
    Final Report Boeing 747-412F TC-MCL 1 This document is an English translation of the Final Report on the fatal accident involving the Boeing 747-412F aircraft registered TC-MCL that occurred on January 16th, 2017 at Manas International Airport, Bishkek, Kyrgyz Republic. The translation was done as accurate as a translation may be to facilitate the understanding of the Final Report for non-Russian-speaking people. The use of this translation for any purpose other than for the prevention of future accidents could lead to erroneous interpretations. In case of any inconsistence or misunderstanding, the original text in Russian shall be used as the work of reference. INTERSTATE AVIATION COMMITTEE AIR ACCIDENT INVESTIGATION COMMISSION FINAL REPORT ON RESULTS OF THE AIR ACCIDENT INVESTIGATION Type of occurrence Fatal accident Type of aircraft Boeing 747-412F Registration mark TC-MCL Owner LCI Freighters One Limited (Ireland) Operator ACT Airlines Aviation Authority Directorate General of Civil Aviation of Turkey (Turkish DGCA) Place of occurrence Near Manas International Airport, Bishkek, Kyrgyz Republic, coordinates: N 43°03.248' E 074°2.271' Date and time 16.01.2017, 07:17 local time (01:17 UTC), night time INTERSTATE AVIATION COMMITTEE Final Report Boeing 747-412F TC-MCL 2 1. FACTUAL INFORMATION ..................................................................................................................... 10 1.1. HISTORY OF FLIGHT ...................................................................................................................................
    [Show full text]
  • Preliminary Report Crash Involving Malaysia Airlines Boeing 777-200 Flight MH17 Hrabove, Ukraine - 17 July 2014
    DUTCH SAFETY BOARD Preliminary report Crash involving Malaysia Airlines Boeing 777-200 flight MH17 Hrabove, Ukraine - 17 July 2014 1 van 34 Preliminary report Crash involving Malaysia Airlines Boeing 777-200 flight MH17 Hrabove, Ukraine - 17 July 2014 The Hague, September 2014 The reports issued by the Dutch Safety Board are open to the public. All reports are available on the Safety Board’s website www.safetyboard.nl 2 van 34 PRELIMINARY REPORT The International Civil Aviation Organization (ICAO), is a specialized agency of the United Nations, created in 1944 upon the signing of the Convention on International Civil Aviation. ICAO works with 191 Member States to develop international Standards and Recommended Practices (SARPs) for safe, efficient and secure flight operation worldwide. These Standards and Recommended Practices are reflected in Annexes. In Annex 13 - Aircraft Accident and Incident Investigation - to the Convention of International Civil Aviation, Standards and Recommended practices are described for the conducting of civil aviation accident investigation. In accordance with paragraph 3.1 of ICAO Annex 13, the sole objective of this investigation is the prevention of similar accidents and incidents. It is not the purpose of this activity to apportion blame or liability in respect of any party. The State of Occurrence shall institute an investigation into the circumstances of the accident and be responsible for the conduct of the investigation, but it may delegate the whole or any part of the conducting of such investigation to another State by mutual arrangement and consent (paragraph 5.1). In the case of this occurrence, Ukraine requested the Netherlands to conduct the delegated investigation.
    [Show full text]
  • Annual Safety Recommendations Review 2020 Catalogue Number TO-AE-21-001-EN-N
    Strategy & Safety Management Directorate Safety Intelligence & Performance Department Annual Safety Recommendations Review 2020 Catalogue number TO-AE-21-001-EN-N ISBN 978-92-9210-223-4 ISSN 2599-7793 DOI 10.2822/126012 Strategy & Safety Management Directorate Safety Intelligence & Performance Department Annual Safety Recommendations Review 2020 Disclaimer: The Annual Safety Recommendations Review is produced by the European Union Aviation Safety Agency (EASA). This edition provides an overview of the safety recommendations that have been addressed to EASA in 2020. It also presents the replies produced during the year. This annual review aims at providing feedback on the follow-up given to safety recommendations in the context of openness, transparency and accountability that characterises European Public Administration. Apart from its safety-related informative character, this review is also expected to provide relevant information related to safety concerns raised, for both EASA and its stakeholders, including the European public. Neither the European Union Aviation Safety Agency, nor any person acting on behalf of the European Union Aviation Safety Agency may be held responsible for the use that might be made of the information contained within. Image credits iStock © European Union Aviation Safety Agency, 2020. All rights reserved. Proprietary document. Printed copies are not controlled. Confirm revision status through the EASA-Internet site: www.easa.europa.eu. 2020 Annual Safety Recommendations Review Contents 2020 Annual Safety
    [Show full text]
  • Turkish Airlines
    Crashed during approaCh, Boeing 737-800, near amsterdam sChiphol airport, 25 February 2009 The Hague, May 2010 (project number M2009LV0225_01) The reports of the Dutch Safety Board are available to the public. All reports are also available on the website of the Dutch Safety Board www.safetyboard.nl the dutCh saFetY Board The Dutch Safety Board was established to investigate and determine the causes or probable causes of individual incidents or categories of incidents in all sectors. The sole purpose of a Dutch Safety Board investigation is to prevent future accidents or incidents and, if outcomes give cause to do so, issue associated recommendations. The organisation consists of a board with five perma- nent members, a professional Bureau manned by investigators and support staff and a number of permanent committees. Guidance committees are set up to oversee specific investigations. Board advisory Committee Chairman: Prof. Pieter van Vollenhoven Chairman: J.A. Hulsenbek Vice chairman J.A. Hulsenbek Prof. F.J.H. Mertens Annie Brouwer-Korf E.J. Burmeister Prof. F.J.H. Mertens J. Marijnen J.P. Visser Prof. J.A. Mulder H. Munniks de Jongh Luchsinger J.G.W. van Ruitenbeek General M. Visser Secretary: Project leader: J.W. Selles Visitors Anna van Saksenlaan 50 Correspondence P.O. Box 95404 address: 2593 HT Den Haag address: 2509 CK Den Haag Telephone: +31 (0)70 333 7000 Fax: +31 (0)70 333 7077 Internet: www.safetyboard.nl This report is published in the Dutch and English languages. In the event of conflict in interpretation, the Dutch text will be deemed binding.
    [Show full text]
  • Air Safety Through Investigation JULY-SEPTEMBER 2018 Journal of the International Society of Air Safety Investigators
    Air Safety Through Investigation JULY-SEPTEMBER 2018 Journal of the International Society of Air Safety Investigators Analysis Techniques for Investigating Human Performance page 4 Airbus Support to Accident Investigation page 12 ISASI Kapustin Scholarship Essay— Accident Reports and Aeronautical Decision- Making: Applying Case- Based Reasoning to Improve GA Safety page 16 The Role of Investigations in Creating and Implementing Safety Nets: Minding the Gap page 19 Investigations, Recommendations, and Safety Management Systems page 22 CONTENTS Air Safety Through Investigation Journal of the International Society of Air Safety Investigators FEATURES Volume 51, Number 3 Publisher Frank Del Gandio 4 Analysis Techniques for Investigating Human Performance Editorial Advisor Richard B. Stone By Randy Mumaw, Researcher, NASA Ames Research Center; William Bramble, Senior Editor J. Gary DiNunno Human Performance Investigator, NTSB; Joel Morley, Former Senior Human Factors Design Editor Jesica Ferry Investigator, Transportation Safety Board of Canada; and Fanny Rome, Human Factors Associate Editor Susan Fager Safety Investigator, BEA—The authors examine human performance factors as one of many contributors to air accidents and incidents and that they can be shaped by contextual ISASI Forum (ISSN 1088-8128) is published quar- and system factors. terly by the International Society of Air Safety Investigators. Opinions expressed by authors do 12 Airbus Support to Accident Investigation not necessarily represent official ISASI position By Nicolas Bardou, Director of Flight Safety, Airbus—The author outlines support Airbus or policy. provided during investigation of the crash and lo.ss on Oct. 31, 2015, of an A321 flying from Editorial Offices: Park Center, 107 East Holly Ave- Sham El-Sheikh, Egypt, to St.
    [Show full text]
  • Report Sl 2010/18
    Issued December 2010 REPORT SL 2010/18 REPORT ON SERIOUS AIRCRAFT INCIDENT AT OSLO AIRPORT GARDERMOEN 25 FEBRUARY 2010 INVOLVING AIRBUS A320-214 VP-BWM, OPERATED BY AEROFLOT RUSSIAN AIRLINES Accident Investigation Board Norway • P.O. Box 213, N-2001 Lillestrøm, Norway • Phone: + 47 63 89 63 00 • Fax: + 47 63 89 63 01 www.aibn.no • [email protected] This report has been translated into English and published by the AIBN to facilitate access by international readers. As accurate as the translation might be, the original Norwegian text takes precedence as the report of reference. The Accident Investigation Board has compiled this report for the sole purpose of improving flight safety. The object of any investigation is to identify faults or discrepancies which may endanger flight safety, whether or not these are causal factors in the accident, and to make safety recommendations. It is not the Board’s task to apportion blame or liability. Use of this report for any other purpose than for flight safety should be avoided. Photos: AIBN and Trond Isaksen/OSL Accident Investigation Board Norway (AIBN) Page 2 CONTENTS NOTIFICATION OF THE INCIDENT ............................................................................................... 3 SUMMARY ......................................................................................................................................... 3 1. FACTUAL INFORMATION .............................................................................................. 4 1.1 History of the flight .............................................................................................................
    [Show full text]
  • Delegate List
    Delegate List Ismaeil Abdul Wahed Nuno Aghdassi Asst Director General of Air Acc Inv Head of Flight Safety Civil Aviation Authority NetJets Europe United Arab Emirates Portugal Alain Agnesetti Thorkell Agustsson Senior Safety Investigator Chief investigator BEA RNSA France Iceland Syed Ahmed Anders Akerberg Engineer Chief Investigator SASI Pakistan SAS Pakistan Sweden Khalid Al Raisi Abdulrahman AlJuhani Director Air Accident Investigation Manager DG Office (A) GCAA AIB United Arab Emirates Saudi Arabia Mohammed Alromaih Jan Andersson pilot Manager Flight Safey NON Saab AB Saudi Arabia Sweden Ulf Andersson Lori Anglin Air Safety Investigator Accident Investigator Saab AB Boeing Commercial Airplanes Sweden United States Thomas Anthony Patricia Anthony USC United States United States Klaus Ardey Yoshiaki Asako President AVICON Mitsubishi Heavy Industries Germany United States Andrew Averna Mohammed Aziz Senior Air Safety Investigator Advisor to Chairman JetBlue Airways MEA United States United States Chad Balentine Charity Balentine ISASI International Secretary Air Line Pilots Association United States United States Suresh Bangar Elizabeth Bates Flight Operations Director AirAsia X Malaysia Canada Ahmed Bazaid Damien Bellier Phd Student Head of Safety Investigations Department Cranfield University BEA United Kingdom France Anders Bergstrand Christian Bernhardt Aircraft Accident Investigator Saab AB Airbus Helicopters Sweden Germany Andreas Betzoll Neil Bishop Director Safety Dep Hd Uk MilAAIB Pilatus Aircraft Ltd UK Defence Safety Authority Switzerland United Kingdom Graham Braithwaite James Brocksmith Professor and Head of Transport Systems Safety Pilot Cranfield University The Boeing Company United Kingdom United States Virginia Brocksmith Jill Browning Sikorsky United States United States Jan Bruggeman Martin Brussaard Business Developer Chairman Accident Investigation Group - VNV TNO Dutch ALPA Netherlands VNV Dutch ALPA Netherlands Alister Buckingham Sheryn Buckingham President NZSASI NZSASI New Zealand New Zealand Michael Buran Birger A.
    [Show full text]
  • Prelimenary Report by the Dutch Aviation Safety Board on the Turkish Airline Accident at Amsterdam
    PRELIMINARY REPORT Classification: Accident Aircraft type and registration: Boeing 737-800, TC-JGE Number and type of engines: 2 CFM-56-7B26 turbofan engines Year of manufacture: 2002 Date and time:1 25 February 2009, 10.26 hrs Location: 1,5 km North of runway 18R “Polderbaan” Amsterdam Airport Schiphol Type of flight: Commercial air transport (passengers) Occupants: crew - 7 passengers - 128 Fatalities: crew - 4 passengers - 5 Injuries: crew - 3 passengers - 83 Nature of damage: Aircraft destroyed Information source: Dutch Safety Board 1 Unless stated otherwise all times in this report are local times This preliminary report contains facts which have been determined up to the time of issue. This information concerns the circumstances surrounding this accident and must necessarily be regarded as tentative and subject to alteration or correction if additional information becomes available. The investigation On February 25th around 11.00 hrs The Dutch Safety Board was notified that a Boeing 737-800 of Turkish Airlines had crashed near the Polderbaan (runway 18R) of Amsterdam Airport Schiphol at 10.26 hrs.2 The investigation commenced immediately. According to international agreements and guidelines (especially those within the European Union and the International Civil Aviation Organization) contact was made with the States involved, in this case Turkey as the State of registration and State of the operator, the Unite d States of America as the State where the airplane was manufactured, and France as the State where the engines were manufactured. All parties and organisations concerned being the Turkish Directorate General for Civil Aviation, the Dutch Transport and Water Management Inspectorate , the United States National Transportation Safety Board, the aircraft operator, the aircraft manufacturer and the engine manufacturer have subsequently contacted the Safety Board.
    [Show full text]
  • Safe Flight Routes Responses to Escalating Conflicts 2021 Report Safe Flight Routes Responses to Escalating Conflicts 2021 Report
    DUTCH SAFETY BOARD Safe flight routes Responses to escalating conflicts 2021 report Safe flight routes Responses to escalating conflicts 2021 report The Hague, June 2021 The reports issued by the Dutch Safety Board are publicly available on www.safetyboard.nl. Cover photo: Dutch Safety Board The Dutch Safety Board When accidents or disasters happen, the Dutch Safety Board investigates how it was possible for these to occur, with the aim of learning lessons for the future and, ultimately, improving safety in the Netherlands. The Safety Board is independent and is free to decide which incidents to investigate. In particular, it focuses on situations in which people’s personal safety is dependent on third parties, such as the government or companies. In certain cases the Board is under an obligation to carry out an investigation. Its investigations do not address issues of blame or liability. Dutch Safety Board Chairman: J.R.V.A. Dijsselbloem M.B.A. van Asselt (until 14 June 2021) S. Zouridis Secretary Director: C.A.J.F. Verheij Visiting address: Lange Voorhout 9 Postal address: PO Box 95404 2514 EA The Hague 2509 CK The Hague The Netherlands The Netherlands Telephone: +31 (0)70 333 7000 Website: safetyboard.nl E-mail: [email protected] N.B. This report is published in the Dutch and English languages. If there is a difference in interpretation between the Dutch and English versions, the English text will prevail. - 3 - CONTENTS Summary ...................................................................................................................
    [Show full text]
  • Smoke and Sparks from the Left Main Gear, Tower Repeated Flames from the Engine Or the Wheels
    ----------------------------------- http://avherald.com/h?article=48586ab7 20150430141936:20150429000000 Incident: United B752 at Newark on Apr 29th 2015, rejected takeoff after flames reported from engine or gear A United Boeing 757-200, registration N17105 performing flight UA-70 from Newark,NJ (USA) to Amsterdam (Netherlands) with 135 people on board, was accelerating for takeoff from runway 04L when the next departure cleared to line up runway 04L reported seeing smoke and sparks from the left main gear, Tower repeated flames from the engine or the wheels. The crew reject takeoff at low speed, steered the aircraft off the runway and stopped on the adjacent taxiway, tower instructed the aircraft to hold position while emergency services were responding. No fire was detected, the passengers disembarked onto the taxiway and were bussed to the terminal. A replacement Boeing 757-200 registration N17133 reached Amsterdam with a delay of 4 hours. The airport reported smoke and sparks were observed from the left landing gear, no fire was detected, the smoke seemed to originate from the brakes, that appeared to have locked up. The airline reported firefighters responded but found no fire, the aircraft is being checked. ----------------------------------- http://avherald.com/h?article=4857e7ff 20150429220319:20150427000000 Incident: Inuit DH8A near Umiujaq on Apr 27th 2015, smoke in cabin An Air Inuit de Havilland Dash 8-100, registration C-FAIV performing flight 3H-860 from La Grande,QC to Port Hope Simpson,NL (Canada) with no passengers, 3 crew and cargo, was enroute at FL250 about one third into the flight when the flight attendant noticed a burning smell in the cabin between seat row 2 and 3.
    [Show full text]
  • Flying Over Conflict Zones – Follow-Up Recommendations MH17 Crash Investigation Marieke Van Hijum, Senior Investigator, Dutch Safety Board
    Flying over Conflict Zones – Follow-up Recommendations MH17 Crash investigation Marieke van Hijum, Senior Investigator, Dutch Safety Board Marieke van Hijum is senior investigator in the aviation section at the Dutch Safety Board (DSB). Marieke has a Master of Science Degree in Aerospace Engineering from Delft University of Technology, the Netherlands. Following University, she worked for the Dutch Civil Aviation Authority in the areas of research and ATM. In 2006, she joined the European Aviation Safety Agency in Cologne and worked in the domain of occurrence reporting and data analysis and in management positions. In 2017 she joined the DSB and was project manager of the follow-up investigation on the MH17 Crash investigation recommendations. On 17 July 2014, 298 people lost their lives when the Malaysia Airlines aeroplane they were in crashed near Hrabove, Ukraine. The disintegration of the aeroplane during the flight was the result of the detonation of a warhead above the left hand side of the cockpit. The aeroplane crashed over the eastern part of Ukraine, an area in which an armed conflict arose in April 2014. Initially, the conflict mostly took place on the ground, but as from the end of April 2014 it expanded into the airspace. The crash of flight MH17 immediately raised the question why the aeroplane was flying over an area where there was an ongoing armed conflict. The MH17 Crash report published by the Dutch Safety Board in October 2015 responded to this question and explained the decision-making process with regard to flying over conflict zones at the time.
    [Show full text]