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Old 4th Mar 2009, 14:59
  #1091 (permalink)  
Dutch Bru
 
Join Date: Aug 2008
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translation of 3rd and 4th (also last) text page of prelim report

"The weather conditions, in particular the view because of the low cloud base and the fog, have probably contributed to the fact that at the height in which the lowering for approach was started, the Polderbaan was not yet very well visible.

In its investigation the OVV is assisted by the following organisations in order to learn:
  • The National Transport Safety Board,
  • Bureau d'Enquettes et d'Analyse (BEA)
  • Aviation Accident Investigation Branch (AAIB)
  • Directorate General of Civil Aviation (Turkish State Aviation Service DGCA)
  • Boieing
  • Turkish Airlines
  • The engine manufacturer, CFM
  • The Inspection for Transport (IVW)
  • Federal Aviation Agency (FAA, US)
  • Dutch Association of Airline Pilots
  • Dutch Association of Cabin Crew

Internationally, both by the ICAO and by the European Union, it is stipulated that parties concerned can be part of the investigation by the Board (Partysystem).

However, the Board is leading the investigation and has the responsibility for it.

For its investigation the Board has received many data from the Public Prosecutor.

In addition many police organisations have contributed in terms of content. The Corps of National Police Services (KLPD), in particular all staff of the National team of forensic detection, responsible for forensic investigation at the accident site, the Aviation police amongst others for making all aerial photographs and the National Transport Assistance Team which assisted the Board amongst others with measurings at the accident site.

Also the Public Prosecutor has confiscated/impounded the aircraft, as a result of which the guarding of the aircraft fully laid with the Public Prosecutor.
For that police personnel from all over the country were deployed.
We are very grateful for their outstanding and careful way of working and the guarding of the aircraft.

There has been a difference of opinion about the use of the data from the cockpit (voice recorder and flightdata recorder (black box).
However, according to Dutch law the Public Prosecutor can only have access to these data in case of hostage taking, terrorism, murder or manslaughter.

In such circumstances the Board is legally obliged to hand over these data to the Public Prosecutor.

In principle at the scene of the accident two investigations are ongoing:
  • The criminal investigation; the investigation into criminal fact and in relation to that into answering the question of guilt.
  • The independent investigation. This investigation is fully focussed on what has happened and to learn lessons from that.


Between the two investigations there is a field of tension. In the frame of the criminal investigation one is entitled to remain silent. No one has to contribute to his or her conviction. In the independent investigation one wants to stimulate that everything is said.

For this reason the reports of the Board are not allowed as evidence in legal disputes.

From today onwards the investigation of the Board is focussed on two subjects:

The technical investigation is directed to the functioning of the automatic pilot, the automatic throttle system and the coupling with/towards the radio-altimeter. <this is pursued with the same parties involved>.
Next to the technical investigation, the investigation is also focussing on crisis management. How was the disaster dealt with and what can be learnt from that.
In this investigation also attention will be paid to the passenger list.

The recovery of the wreckage will probably take place at the end of this week.
For – possible- further research the aircraft will be transported to another location.

It is the opinion of the Board that extra attention is necessary for the functioning of the radio altimeter when using the automatic pilot and the auto throttle. The Board has issued a warning to Boeing in which extra attention is requested for a part of a manual of the Boeing 737, in which it is said that in case the radio altimeter(s) is/are not functioning, the automatic pilot and auto throttles coupled to that can not be used for approach and landing. The Board has suggested Boeing to investigate whether this procedure should also be applied during the (red: other parts of) the flight.

Except for the malfunctioning of the left radio altimeter the investigation team of the Board has until now not found any other (red: technical) anomalities."
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