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Two parallel investigations take place after every aviation accident: one technical, one judicial. The former must be conducted with the sole intention of making safety recommendations to prevent the recurrence of similar accidents. The judicial investigation, however, has the intention of identifying those parties that have been at fault and to apportion blameworthiness for criminal and civil liability. Consequently, this results in a predicament for those parties that have been identified as having played a role in the accident, a dilemma between not supplying information aimed at enhancing safety and preventing future accidents and, on the other hand, supplying such information which may possibly be used against them in subsequent criminal prosecution. The situation is compounded by inconsistent approaches between different legal systems; aviation professionals may find themselves faced with criminal charges in one country but not in another, and they may also be unsure as to whether statements given during the technical investigation could be used against them in a court of law. Aviation safety is, to a large extent, built upon the trust placed by pilots, ATCOs and other aviation professionals in the process of accident investigation. This book examines the growing trend to criminalize these same people following an accident investigation and considers the implications this has for aviation safety.
Two parallel investigations take place after every aviation accident: one technical, one judicial. The former must be conducted with the sole intention of making safety recommendations to prevent the recurrence of similar accidents. The judicial investigation, however, has the intention of identifying those parties that have been at fault and to apportion blameworthiness for criminal and civil liability. Consequently, this results in a predicament for those parties that have been identified as having played a role in the accident, a dilemma between not supplying information aimed at enhancing safety and preventing future accidents and, on the other hand, supplying such information which may possibly be used against them in subsequent criminal prosecution. The situation is compounded by inconsistent approaches between different legal systems; aviation professionals may find themselves faced with criminal charges in one country but not in another, and they may also be unsure as to whether statements given during the technical investigation could be used against them in a court of law. Aviation safety is, to a large extent, built upon the trust placed by pilots, ATCOs and other aviation professionals in the process of accident investigation. This book examines the growing trend to criminalize these same people following an accident investigation and considers the implications this has for aviation safety.
This book concerns the subject of illegal charters. The risks associated with illegal charters are high, and the consequences are dire and different for all the parties involved. Pilots can lose their hard-earned licenses, aircraft owners might not get paid by the insurance companies, businesses might be prosecuted and fined, customers do not get what they paid for. The worst consequence of an illegal charter is that someone gets hurt or killed. The tragic part in reading about a flight accident is the understanding that an illegal charter could have been avoided. The present book aims to fulfil the industry’s call for greater awareness, education, and transparency. It will systematically and thoroughly investigate the application of law in a practical context of illegal charters. It engages in a comprehensive comparative study across various jurisdictions, such as the USA, Europe, Russia, Asia and the Middle East. This text considers whether the elements evidencing state practice in regulation of illegal charters are peculiar to the region and legal system. It examines how illegal charters can be prevented and undertakes the analysis of risks and consequences of illegal charters. This is an important book that is likely to have a significant impact on existing scholarship regarding international and national aviation law and be of interest of all parties involved in aviation. This includes industry professionals, legal practitioners, academics, policy-makers, and government officials.
This book provides expert analysis of the application of the evolving law in Corporate Manslaughter as it relates to the Maritime and Aviation industries. It will prove to be a useful tool for practitioners and students in this specialised area, as well as those working in the maritime and aviation industries, such as those who will be accountable under the Corporate Manslaughter Act 2007; the Masters and Pilots who manage the risks; and the insurers who underwrite the cost of the risks. The author will discuss areas such as: The liability towards passengers and employees The Prosecution of offenders Comparative analysis of corporate manslaughter in the wider, global industry
International Aviation Law: A Practical Guide explains the international context and application of the law as it applies to commercial and recreational aviation, and to the broader aviation environment. It provides a comprehensive introduction to all aspects of aviation law, from criminal law to contract law, to the legal duties and responsibility of aircrew and other aviation personnel including airport operators, air traffic controllers and aircraft engineers. Each area of the law is clearly explained in accessible language and supported with practical case studies to illustrate the application of the law within an operational aviation context. It also provides advice on how to avoid or minimize legal liability for those working in the aviation industry. Thoroughly revised and updated throughout, this second edition adds new material on subjects such as unmanned aircraft systems, ASEAN’s Single Aviation Market, common rules on compensation and assistance to passengers, and a discussion on the impact of Brexit to the UK’s aviation market and legal status.
The investigation behind the investigation. The story of the real causes of the crash of Flight 447.
This volume analyzes real in-flight communications to explain the dynamics of knowledge construction. With the use of a grounded theory approach, real-life scenarios for in-depth interviews with aviation informants were developed and analyzed using discourse analysis. The study revealed aspects of tacit knowledge and expertise behavior that develop in mission-critical environments. Among the findings, the author discovered: • Silence is an interactional element and a substantial contributing factor to both completed flights and aviation incidents/accidents • Hesitation is an early reaction when situational awareness is lacking • The aviation sub-cultures contain several distinct micro-cultures which affect professional responsibility and decision making in micro-environments • Human errors should be acknowledged, discussed and repaired by all actors of the flight model • Non-verbal communication in institutional settings and mediated environments is instrumental to safe and efficient operations The results suggest fruitful applications of theory to explore how knowledge is generated in highly structured, high-risk organizational environments, such as hospitals, nuclear plants, battlefields and crisis and disaster locations. Katerinakis explains the emergent knowledge elements in communication command with messages “spoken-heard-understood-applied," from multiple stakeholders... The interplay of theory and real-flight examples, with key interlocutors, creates a valuable narrative both for the expert reader and the lay-person interested in the insights of hospitals, nuclear plants, battlefields, safety and rescue systems, and crisis and disaster locations. Ilias Panagopoulos, PhD Command Fighter Pilot, Col (Ret) Senior Trainer, Joint Aviation Authorities (JAA) Training Organisation Safety Manager, NATO Airlift Management Programme In this path-breaking work, Theodore Katerinakis brings the study of human communication to the airplane cockpit as a knowledge environment. Toward that end, drawing on his own experience with the Air Force and Aviation Authorities and interviews with flight controllers and scores of pilots, Katerinakis both builds on moves beyond human factors research and ecological psychology... It is a work of theoretical value across disciplines and organizational settings and of practical importance as well. His lively narrative adds to translational research by translating knowledge or evidence into action in mission-critical systems. Douglas V. Porpora, PhD Professor of Sociology & Director Communication, Culture and Media Drexel University
Your definitive guide to commercial aviation safety—fully updated to cover the latest regulations and practices This thoroughly revised guide covers all the principles and practices of commercial aviation safety—from human factors and accident investigation to management strategies and regulatory compliance. Written by a team of experts, Commercial Aviation Safety, Seventh Edition delivers comprehensive risk management information—both on the ground and in the air. You will get plain language explanations of the latest standards from the International Civil Aviation Organization (ICAO), the Federal Aviation Administration (FAA), the European Union Aviation Safety Agency (EASA), and other National Aviation Authorities (NAAs). Up-to-date U.S. and international accident statistics also are provided. Each section of the book includes detailed real-world examples as well as analysis and explanations of the core issues. This new edition covers: The evolution of commercial aviation safety Safety terms, theories, and models Commercial aviation accidents causes International aviation accident investigation processes Aircraft, airport, and air traffic safety systems Human fallibility risk mitigation Safety culture assessment and management Safety system theory and practice International and U.S. aviation safety management systems and data Proactive system safety procedures and protocols Aviation security methods Up-to-date codes and regulations The role of government in safety Emerging trends in commercial aviation safety
"Introduction by Omali Yeshitela cites his first meeting with Hess at a St. Petersburg meeting and the circumstances of their work together." -- Descriptions from Bolerium Books, bookseller.