ITALIAN COURT ACTIONS THREATEN AVIATION SAFETY IN ITALY
In 2010, the International Federation of Air Traffic Controllers’ Associations (IFATCA) responded to the
ruling from the Italian High Court, which confirmed sentences against air traffic controllers on duty at the
time of a controlled flight into terrain accident, with the considered opinion that the pilots were fully
accountable for their decision to conduct a visual approach that night. The controllers acted within the
norms of internationally established procedures; and, it could even be argued, they performed beyond the
call of duty by asking the pilots about their ability to maintain their own separation from obstacles during
the visual approach. (
http://www.ifatca.org/press/290310.pdf)
In this Cagliari accident on 24 February 2004, the pilot of the Cessna Citation requested to perform a
visual approach. The controller specifically asked the pilots to confirm that during such an approach they
could provide their own separation from obstacles. The pilots answer was affirmative that they could. The
controller subsequently authorized the visual approach, because, under the prevailing rules and
regulations in Italy at that time there was no reason from an air traffic control perspective to withhold such
permission.
The Italian High Court has recently released a statement of the “motivations” behind their decision.
Essentially, the court held the Air Traffic Controllers responsible for the physical actions of the pilots in the
aircraft; a situation the controller obviously has no direct control or influence over. The pilots concerned
had received and acknowledged a valid clearance for a visual approach and confirmed their ability to
maintain their own separation from terrain. This is entirely in accordance with the International Civil
Aviation Organization (ICAO) standards that Italy, as a contracting state, has agreed to uphold.
IFATCA, along with ANACNA, our Italian Member Association, is extremely disappointed to learn of the
reasons behind the court’s decision. “By this decision, the court is imposing upon controllers almost total
responsibility for all actions in the cockpit by an aircraft’s crew. This is obviously illogical and impractical,”
said Alexis Brathwaite, IFATCA’s President and Chief Executive Officer.
“The court’s published reasons for their decision demonstrates their lack of understanding of the
international standards set by ICAO, and sadly, also demonstrates Italy’s non-conformance with ICAO
and European Directives and Regulations to maintain a Just Culture in aviation” said Mr. Brathwaite.
Consequent to this court ruling, ANACNA, has appealed to its members not to authorize any visual
approaches in Italy anymore. IFATCA endorses the approach of our member association as being in the
professional interest of the Italian air traffic controllers. The Italian Air Force has gone so far as to ban its
air traffic controllers from issuing visual approach clearances. Recently ENAV, the Italian Civil Air
Navigation Provider has also issued instructions to its controllers to stop issuing visual approaches.
“The criminalization of air traffic controllers doing their jobs in accordance with their training and
experience will only have a negative impact on efforts to continually improve the safety and efficiency of
the aviation system,” said Mr. Brathwaite. “Directors representing the 138 Member Associations of
IFATCA will address this matter at our annual conference in April and will work with other international
organizations to highlight the Italian situation.”
INTERNATIONAL FEDERATION OF AIR TRAFFIC
CONTROLLERS' ASSOCIATIONS
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