I have seen a copy of the draft report which was issued in December 2001.
Under the Regulations, draft reports are provided in confidence. I am not permitted to reveal the contents, nor am I permitted to confirm or deny what has been said in earlier posts on this thread.
In answer to the questions about timetable/time limits, I've paraphrased the relevant regulations to make them a little easier to understand.
Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996.
Regulation 12: Report and Representations thereon
If the report is "likely to affect adversely the reputation of any person" the AAIB shall:
* provide a Notice (incl. a copy of the report/safety recommendations) to that person,
* consider any representations which may be made,
* make such changes to the report as it thinks fit after considering of the representations. (In this context, 'person' includes company, body etc.)
Any representations must be in writing and served on the investigating Inspector within 28 days of service of the Notice. However, the Chief Inspector has power to extend the period of 28 days.
NB: Representations may be made about findings and 'adverse comments' as well as safety recommendations which the AAIB proposes to make.
Regulation 13: Publication of Reports
The Chief Inspector must publish the report "in the shortest time possible" and, if possible, within 12 months of the date of the accident or serious incident.
The AAIB has a high workload, and carries out its investigations extremely thoroughly, as anyone who has read a full AAIB report will know. In many cases, it cannot complete an investigation and make appropriate recommendations within 12 months.
Regulation 14: Safety recommendations
The report is sent to the undertakings or national aviation authorities concerned, and they "shall, without delay
take that recommendation into consideration and, where appropriate, act upon it."
However, the aviation authority does not have to implement the AAIB's safety recommendations. It's not unusual for the CAA to decline to implement the AAIB's safety recommendations.
Like others, I've heard rumours, but I don't know the reason for the delay in publishing the final report. If it's any comfort, I have the utmost respect for the AAIB, and have never failed to be impressed by the professionalism, integrity and independence of every investigator with whom I've dealt over the years.
I've often heard it said the AAIB and CAA are 'in each other's pockets' or words to that effect. That is not true. They are not only separate by legislation, but have a totally different ethos. Although the AAIB has a lower profile, the contribution it makes to flight safety in the UK (and elsewhere) is enormous.
The AAIB is under a duty to consider representations, but I'd be extremely surprised if anyone persuaded the AAIB to remove any adverse comments which it considered were valid.
NB: I'm not disagreeing with those who've suggested making some enquiries about when the final report will be published.
Tudor Owen
Last edited by Flying Lawyer; 21st Nov 2002 at 14:13.