Italian ATCOs sentenced for allowing visual approach which went bad

[kontrolor]

From IFATCA press release:

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
1255 University Street, Suite 408, Montreal, Quebec H3B 3B6 CANADA
Tel.: +1.514.866.7040, Fax: +1.514.866.7612, Email: [email protected]

well...no more visual approaches from my side as well....

[HEATHROW DIRECTOR]

Utter lunacy... My feelings are with the ATCOs.

[fireflybob]

Utter lunacy... My feelings are with the ATCOs.

me too, Heathrow Director - who's flying the a/c?

The lunatics are certainly running the asylum in this case.

So by that argument if you're cleared for an instrument approach under IFR and have a CFIT the controller is equally responsible? Sheer madness - hope this can go to some sort of appeal and the ATCO is exonerated!

[MountainBear]

I apologize for my deficient search skills but does anyone have a link to an English version (if one exists) of the underlying accident report that precipitated this action.

[FIRESYSOK]

I'm highly embarrassed to be an Italian. They are moronic, but fortunately my parents had the wherewithal to GTFO of there decades ago. Their best and brightest have already left the country. To be fair, the North actually has their act together for the most part.. If they'd only secede from the rest of the third world.

[Lonewolf_50]

The court appear to be lost in the fog ...

[ulxima]

To be fair, the North actually has their act together for the most part.. If they'd only secede from the rest of the third world


Have I to remind you where the Italian Head of Government is coming from? :E

Ulxima

[captplaystation]

Always seems a bit of a contradiction that a country that exerts no authority over, and singularly fails to come to terms with, the biggest crook living there ,is so adept at issuing sundry sentences without any recourse to common sense.
Good to see that dictatorships & corruption at all levels are being kept alive on the world stage, by a "supposedly" European country. :=

Scandalous! their colleagues in every ATC centre in Italy should walk out, AND STAY OUT ! until this decision is reversed, lest the same fate befall them, but. . . . they probably wont have the b@lls to do so. They unequivocally should, this is way worse than ridiculous. :ugh:

[baobab72]

fyresysoc you are an idiot.

baobab72

[captplaystation]

FIRESYSOK,

I would contend the idiot is the one who has disputed your assertions. :hmm:

[aerolearner]

I apologize for my deficient search skills but does anyone have a link to an English version (if one exists) of the underlying accident report that precipitated this action.
I believe the Italian aircraft accident investigation board (ANSV) has released only the Italian version of the report (so far?):
http://www.ansv.it/cgi-bin/ita/ANSV%20OE-FAN.pdf

The ICAO Annex 13 investigation done by the ANSV concluded that the airplane descended to an altitude significantly below the area minimum altitude (AMA), insufficient to maintain the separation from the ground during a night visual approach in the absence of adequate visual reference.
Possible contributory factors included:
- The aircraft was not equipped with GPWS or TAWS, nor was it required to be by law;
- Premature VFR descent after misidentifying lights on the ground as the Elmas runway lights (induced by "black hole approach");
- Misunderstanding of the clearance given by APP at hand off to TWR ("CIT 124 continue not below 2500 feet, further descent with Elmas TWR 120.6 bye");
- Failure to use published procedures and available instruments under conditions of total darkness;
- Early deviation from airway and consequent overflight of areas with elevated terrain;
- Read errors of the elevations listed in the maps consulted, facilitated by the non representation of the ground color;
- Inadequate rest, which may have contributed to a reduction in the performance of the crew.


In Italy, a criminal investigation is compulsory for any non-natural death. This usually leads to a trial with charges for involuntary manslaughter, air disaster or endangering transportation safety. The prosecutor, the defense and the court have their own expert witnesses and (in principle) the criminal investigation is completely independent from the ICAO Annex 13 investigation. The ANACNA website (http://www.anacna.it/modules.php?name=Sections&op=viewarticle&artid=19) has most of the relevant documents from the trial, but they are in Italian only.

[main_dog]

This sentence was utterably unbelievable, and demonstrates the disconnect between our judicial system and, er, justice. When it comes to aviation, it seems our prosecuting magistrates haven't a clue, as was also demonstrated by the recent Tunisian ATR-72 ruling.

Having said that, having a bash at the whole country seems a bit excessive, even though our PM is a bit of a joke (he's a northerner, by the way, as are most of our politicians).

They are moronic... Their best and brightest have already left the country.

Looks like some of the morons got out too. ;)

[SmokeAndNoise]

What a complete disgrace! All my sympathy to the ATCO's involved. This is obviously an unjust sentence.

[drag king]

Not the first time that such a miscarriage of justice happens in Italy. Be very careful when flying there (or even over)...

Would you mind to bring the other accidents or MoJ that you seem to be aware to our attention? Or are you talking nonsense as often happens when the armchair expert takes the stage? What about Switzerland?

Such a comment is better kept for the pub, me thinks. Very offensive to the many professionals that every day to their best to make sky a safe place and, of course, all my support to the ATCO.

[kontrolor]

eh...I firmly belive, that all are the same, not only in Italy. Once I was witness as ATCO on a trial to a mechanic, who managed to switch on the cessna cardinal while being outside the aircraft (don't ask). I was called at the end of the trial, when just before being dismissed by madam on the bench, she asked me: "sorry, what is UTC? All the times are with this UTC..."

Not to mention that all her case against the mechanic was that he endangered the safety of incoming A320 (it was night), since his plane ran away across the runway and over the fence, behind which she has found her resting place...

I have absolutely no doubt, that such sentence can be carried out in any EU country as well...

[Capn Bloggs]

Would you mind to bring the other accidents or MoJ that you seem to be aware to our attention? Or are you talking nonsense as often happens when the armchair expert takes the stage?
This one springs to mind:

Linate Airport disaster - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Linate_Airport_disaster)

Chuck them all in jail. That'll fix it.

[drag king]

Chuck them all in jail. That'll fix it.

Yeah, right...another smart & constructive comment. Hope you don't have a license, dude!

So long

DK :hmm:

[Capn Bloggs]

Chuck them all in jail. That'll fix it.

Yeah, right...another smart & constructive comment. Hope you don't have a license, dude!
I was joking.

[anotherthing]

Irony is lost on soem people :hmm:

[drag king]

Irony is lost on soem people

Maybe. But some folks ended up in jail for real and not as part of a joke or prank. And as an Italian I am not the slightest proud of the court's outcome of both accidents nor I am of the way justice is handled but I have few ATCO friends over there, I fly as a commercial pilot in UK and I did the bulk of my training in USA. It all helped to figure out that despite a questionable English (in some case, not all...) and very little job-satisfaction (in monetary terms, compared to other colleagues i.e. the spanish) those folks are professionals with nothing to envy to other skywatchers. Comments like:

I'm highly embarrassed to be an Italian. They are moronic, but fortunately my parents had the wherewithal to GTFO of there decades ago. Their best and brightest have already left the country. To be fair, the North actually has their act together for the most part.. If they'd only secede from the rest of the third world.

or

Be very careful when flying there (or even over)...

are not even worth the time spent to read them.

Cptn Bloggs, my apologises if I misunderstood you joke and over-reacted but the way it was posted didn't sound like that.

Enough for me, I have never spared any criticism to my homeland (and I never will) when things weren't looking right but ruthless insulting is something I don't stand very well, especially when it comes from someone that hides behind a nickname like the 2 smart-asses quoted above...

Ciao

DK :zzz:

[Machdiamond]

Miscarriage of justice is certainly not an Italian specialty.

In the United States, many - if not most - aviation liability lawsuits fall into that category.

The Carnahan v. Parker-Hannifin case is a particularly good example.

[Red Top Comanche]

Given that this was Italy, it makes you wonder if there was a good reason to protect the pilot (may he RIP), and if the usual Italian methodoly was applied.

[Rici]

It is more likely that as it often happens in italy with cases relating to specialist fields such as aviation the judges involved probably had a very poor understanding (if any at all) of the matter they had to rule on.

[stepwilk]

"...especially when it comes from someone that hides behind a nickname like the 2 smart-asses quoted above..."

And your name is actually Mr. Drag King?

[drag king]

It is more likely that as it often happens in italy with cases relating to specialist fields such as aviation the judges involved probably had a very poor understanding (if any at all) of the matter they had to rule on.

Bingo.

Given that this was Italy, it makes you wonder if there was a good reason to protect the pilot (may he RIP), and if the usual Italian methodoly was applied.

The a/c, crew and AOC were Austrian, the ATCO a former military guy (I need to check this info though) and I cannot see any connection nor a reason for clouding waters that are already murky. Unless you have your own opinion and wish to share it.

And your name is actually Mr. Drag King?

No, it is not. And I DO NOT use it to generalise or insult other professionals or people I know little (or nothing) about just for the sake of posting on PPrune. I thought it was part of the forum T&Cs.

So long

DK :hmm:

[Red Top Comanche]

Thanks for the update Drag King.

If there was nothing to gain from the individuals, I would just put it down to incompetance by the judges. I would love to see the reasoning behind the ruling though.

I suspect it will either be quietly overturned before half the Italian ATC staff quiet in fear of being prosecuted for doing their job or just ignored.

[drag king]

It was an air-ambulance flight, supposed to deliver an organ (hearth) and med-team to a patient. If I remember correctly the flight originated in Milan-Linate as an empty sector, landed in Rome where doctors boarded it with the organ outbound to Cagliari. There was a bit of hanging around here and there so there is a tendency to believe the crew tried to make up for some time and it all ended up horribly wrong. I know the medevac flying very well, I do it for living. It happened to me to fly 6 short sectors in a day, ALL approaches as visual, always clear for it maintaining "...OWN TERRAIN SEPARATION..." and that to me says it all about liability.

The emotional shockwave that followed this accident, with loss of lives and the shattered hope of the receiver-patient became food for the press-vultures. We all expect judges and tribunals to be impartial, ALWAYS, but more than that I would like to have a COMPETENT team to face. Sad, sad story.

DK :suspect:

[Daermon ATC]

If I'm not mistaken the Ifatca press release (http://www.ifatca.org/press/290310.pdf) is from march 2010.

There is another thread (http://www.pprune.org/atc-issues/412522-two-italian-atcos-jail.html) at the ATC forum about this.

Has there been anything new on this issue? Not that I'm not also astonished at the ruling but I really don't see the point to this thread...

Anyway, as for the reasoning, apparently the Atcos issued a level clearance and the pilots interpreted that it was safe to descend to it right now although TWR had intended this to be a clearance depending on the aforementioned statement from the pilots that they were mantaining own separation with the ground.

[A7700]

It happens the same on the 6/01/1993 in CDG. Rwy 27 was suddenly blocked because, from the report of an hoding for departure Air France flight, the previous landing hit the ground with one engine creating a lot of sparkling and so debris were expected on the runway. ( night period, sometimes rainy but good vis below clouds). A dash 8 from contact air on final was asked if he was able to perform a visual approach on parallel rwy 28, the answer was : YES, OF COURSE . So he was cleared ...and crash with a landing attitude gear down in a muddy area 1,8 km from the rwy 28 threshold. Unfortunately the wing hit and cut some trees which falls on the "wreckage" and killed 2 passengers.

The aerodrome controller was sentenced by the penal court to 12 months of suspended jail and a fine ( paid by DGCA) ,using the penal french code chapter "mise en danger de la vie d'autrui" - endanger other's life -. From the Attorney point of view he should not have given the visual clearance because the conditions ( distance, met, etc) considered bad by the court, was better known by him than the pilot..!
As DGCA has nothing to blame ( procedures and phraseo were ok) the ATCO came back on duty some days after.

He is still waiting for an IFATCA reaction.......

[ATC Watcher]

He is still waiting for an IFATCA reaction.......
A7700 :
IFATCA can only act at the request of its member association in the Country., which was APCA at the time.
If my memory is correct APCA asked IFATCA not to interfere as the case was taken on by one of the Unions (SNCTA ?) and DGAC was paying all the defence bills, making sure the controller will not go to jail , not pay any fine himself and will not suffer any professional set back. (which is what I believe happenned in the end )

A totally different case from Italy, where the 2 controllers lost their jobs and will go to jail . Also ANACNA and the 2 Italian Unions are working together with IFATCA .

[Piltdown Man]

Just moving on a bit, who would be responsible if I pranged on an ILS or God forbid, a circling approach? Using this logic of the court who sentenced these controllers, we would have to imprison the cabin crew or the caterer. So, just out of interest, would someone like to post some email addresses so that we can express our displeasure with some of the idiots in power?

PM

[Flyit Pointit Sortit]

What happens when I disconnect the autopilot at 200 feet on a cat I ILS. I then land visually. Is that allowed? So can I fly visually from 1000 feet, or 2????

Muppets who know nothing about aviation act as our assessors and pass ridiculous sentences on innocent professionals.

If I F&@k up, I as the captain am responsible and no one else.

[A7700]

As a "member" of the APCA board at this time I never heard or do something about that request.
About the "lobies" reaction, it shall be done quite quickly and at the time it should have been done, nobody was knowing which kind of sentence will be applied.
Unions are not in the loop of the official defense line . What they can do is may be to give money to the respondent to help him to choose a "high level" lawyer._-which was not the case at this time- ( Because if DGCA is acting as the first defender and paying the defense bills, it's mainly to protect first ...DGCA) !!!

[ATC Watcher]

A7700, Well, the APCA at this time was not in its best years if I remember correctly. But I fully agree with you,effective lobby has to be fast , and no-one at the time knew what to expect. I also agree that Unions can only provide legal support , but as you rightly say, if the employer (DGAC in this case) is paying for it , then it becomes difficult to interfere, as that lawyer will also make sure that DGAC interest are protected first.
Not an easy situation for anyone. I believe the same scenario occurred again against the controller in Strasbourg ( then military but now civilian )who was involved in the Air Inter A320 Mt St Odile crash. The trail came 14 years later ! FATCOA, the successor of APCA also did not ask for IFATCA support then.

[FlightPathOBN]

The scenario appears that they were cleared to fly VFR at night...is that correct?

[A7700]

I disagree with the initial statement. The clash occured end of 1996 when the "Travel service" takes over the national council ( using a devious way facilitated by the 1901 rule managing non profitable association) . All the previous board dismissed and nobody from the new group was able to carry out the ongoing job. After internal fight ( If I am not wrong 2 guilds were present during the Moroco IFATCA Congress !)they finally creates a new guild which has a only few members ( No structure,No name, how they are elected ???) mostly located in Aix ACC and do not represent the previous APCA taskforce.

[MikeNYC]

Appears Italy throws its justice system at more than just ATCO for flawed reasons:

Nature News Blog: Italian seismologists to be tried for manslaughter (http://blogs.nature.com/news/2011/05/italian_seismologists_to_be_tr.html)

Six Italian seismologists and one government official will be tried for the manslaughter of those who died in an earthquake that struck the city of L'Aquila on 6 April 2009.

The seven are accused of misinforming the population about seismic risk in the days before the earthquakes, indirectly causing the death of the citizens they had reassured.

[FIRESYSOK]

Imbeciles. My point proved again.

[Daermon ATC]

Far from defending these absurd trials, I wouldn't limit them to italian nationality. Imbecility is a common human trait :ugh:

Lawsuits against God - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Lawsuits_against_God)
The 10 Most Ridiculous Lawsuits of All Time (http://www.the-injury-lawyer-directory.com/ridiculous_lawsuits.html)


And not on court but also noteworth for ultimate stupidity:
Darwin Awards - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Darwin_Awards)

[deci]

I apologize for my deficient search skills but does anyone have a link to an English version (if one exists) of the underlying accident report that precipitated this action. ANACNA - Associazione Nazionale Assistenti e Controllori della Navigazione Aerea - Italian air traffic controller's association (http://www.anacna.it/modules.php?name=Sections&op=viewarticle&artid=19)

hope it helps

[main_dog]

Imbeciles. My point proved again.


Firesysok, the only point you're proving is that there are imbeciles outside of our country as well.

Regards.

[Magplug]

This is presumably the reason that Italian ATCOs have started blanket refusal visual approaches... even in day/CAVOK!

The default reaction of the Italian authorities to an incident is to throw everyone left standing into jail and only then start asking questions.

If I ever have an incident close to Italy then an Italian airfield will be at the very bottom of my list of diversion options. This may well increase the hazard posed to my 200 passengers by an already perilous abnormal situation, but with the sure knowledge you will be thrown into jail on landing what do you really expect me to do ?

Such a backward approach to Flight Safety from the judiciary only reinforces my opinion that Italy is a backward nation, run by criminals, more concerned with prosecuting somebody.... anybody... than making aviation safer.

[deci]

This is presumably the reason that Italian ATCOs have started blanket refusal visual approaches... even in day/CAVOK!Italian Airforce and italian ANSP (ENAV) suspended visual approach in Italy 2 months ago.
LIXX (ITALY)
A) ITALY B) 16 MAR 2011 00:01 C) 13 JUN 2011 23:59
E) IFR OPERATIONS NO CLEARANCE FOR VISUAL APPROACH ISSUED.
REF AIP ENR 1.3-1
(1A1530/2011LI)