Aviation Law Air Crash Investigations By Robert Grove, Matthew Belham, Thomas Fogg & Chris Barritt.

"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."

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

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.

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

“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

Whose in charge?

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 COMMISSIONER Carolyn 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 COMMISSIONER Noel 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

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

The ATSB is the federal government body responsible for investigating transport- related accidents and incidents within Australia. It covers air, sea and rail travel and 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.

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

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

- 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 What they do essentially..

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.

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.

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

CASA

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

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

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

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

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

Civil Aviation Act 1988, Part IIIA and section 32ACB

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

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

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

Civil Aviation Act 1988, Section 36

Regulation 256

Relevance Why have we bored you with this?

Incident Investigation QANTAS flight QF32 Airbus A380

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

Incident Investigation Incident occurred over Batam Island, Indonesian Airspace.

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

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

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

Incident Investigation ATSB Runs full investigation over incident. CASA

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

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

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

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

Incident Investigation QANTAS immediately grounds A380 fleet.

Incident Investigation QANTAS immediately grounds A380 fleet. QANTAS lifts grounding with permission from CASA.

Incident Investigation ATSB Investigates and Recommends

Incident Investigation ATSB Investigates and Recommends CASA Enforces

References - Intro aspx aspx safety.aspx safety.aspx investigation-reports.aspx?mode=Aviation investigation-reports.aspx?mode=Aviation /uncyclopedia/images/4/49/Qantas_ Plane_Crash.jpg

Civil Aviation Act 1988 Civil Aviation Regulations 1988 Civil Aviation Safety Regulations 1988 References – ATSB/CASA

References – QF32 Investigation: AO In-flight uncontained engine failure Airbus A , VH-OQA, overhead Batam Island, Indonesia, 4 November Investigation: AO In-flight uncontained engine failure Airbus A , VH-OQA, overhead Batam Island, Indonesia, 4 November [ONLINE] Available at: 0/AAIR/AO aspx. [Accessed 26 August 2014] 0/AAIR/AO aspx Transport Safety Investigation Act 2003, Available at [Accessed 26 August 2014] Civil Aviation Regulations 1988, Available at [Accessed 26 August 2014]