PPRuNe Forums - View Single Post - Air Safety Implications?
View Single Post
Old 2nd May 2012, 18:47
  #7 (permalink)  
flipster
 
Join Date: Jul 2002
Location: UK Sometimes
Posts: 1,062
Likes: 0
Received 0 Likes on 0 Posts
I don't know quite where military flights fit in but if the legal bods believe there is a criminal/negligence case to answer, then it could get messy. (Ie Catterick)

In a purely civil world, it is not plain sailing either - in the UK, US, Can Oz etc, they employ a very British 'adversarial' legal system - ie defence v prosecution and a Judge/Jury to decide the outcome. The accident investigators are left to get on with their job and become expert witnesses for either (or both) sides.

However, in many EU states (France, Italy, Spain etc), they have the Napoleonic legal system where the investigating judge/prosecutor call the shots and can override the safety investigation. So much so, that CVRs and ADRs get taken away from accident investigators. Furthermore, the systems appear prone to a 'default' setting of prosecuting the perpetrator of the final act in the sequence - ie crews, ATC and engineers. Organisational accidents seem to be alien to them - hence the poor engineer in this Helios case.

WRT to Brit Mil, I agree with Tuc that, should an accident like the MoK or Nimrod happen tomorrow, one has to ask how good would the MAAIB and MAA perform. Would they discover and highlight the contributions made by decades of neglect of the military airworthiness system (of which H-C only scratched the surface)? If one believes they would not - perhaps because of the extant undue political and hierarchical pressures - then maybe the MAA needs to review how it does business?

What could be done to prevent the focus being solely on the final link in the chain but also, on the organisational influences (should there be any). Could the MAA be removed from the tentacles of 'undue presure'? Dunno but it should.
Because and until the contibution of systemic MoD neglect since the 1980s is finally erradicated (along with the sinister ethos of that brigade of fools of air-rank) then we run the risk of more systemic accidents but where crews, controllers and engineers risk being scapegoated like the Helios engineer.

Re Helios fall-out, one sincerely hopes that the civil unions are on the case here. But to change the very fabric of a nation's legal system? That's a big ask.

In the meantime, if you are going to crash - try not to do it in France, Italy, Spain or Greece etc!!!
flipster is offline