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Airline Possible Breach of Regulations

Old 7th Jul 2013, 04:01
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Airline Possible Breach of Regulations

Hello, I was on a flight from Malaysia to the Philippines when I noticed a number of items that I thought were at best questionable as to if they violated CAAP or other regulations.

As far as I am aware, the aircraft is registered and licensed in [deleted until we have some independent confirmation of the incident]

The issues mainly focused on two key areas.

1) The air safety briefing card was damaged to the point that it could not be read. I assume this is not a breach as there were other briefing cards within reach. However, I made it part of this list as it related to safety and I wanted to ensure the airline was informed of the issue. I also found an exit row briefing card in my seat, which was not an exit row! Probably just lack of organization.

2) This one was very serious to me. The aircraft was an Airbus a320 with 4 over wing exists. The seats that made up the exit rows were normal seats which usually have the trays attached to the seat in front. The trays had been snapped off, not even screwed off as per their design which makes me think either a mechanic did not do the work, or if they did, they did not have a screwdriver. Either way, I see that as unacceptable and possibly a breach of CAAP regulations.
This caused an issue which was that where the trays were snapped off, sharp protruding metal fixtures poked out as well as some tray clasps (that they couldnt remove) leaving a blunt object at the same height that a passengers head would impact upon emergency landing.

I have never seen any aircraft use non exit row seats. While I understand that this would be legal if completed properly, it clearly was not completed properly and left passengers at risk.

Here are the CAAP regulations that I can find which I think may relate. Please can you tell me what other regulations you think they may have broken.

I have already contacted the CAAP who were very concerned. The airline were also informed and they completed a full investigation within 24 hours and now want to arrange a meeting with their senior management to talk about the flight and breaches. This is why I need to be able to quote the regulations that they potentially breach.

Below are the CAAP sanctions which seem to relate.

4 Failure to provide adequately for proper servicing, maintenence, repair and inspection of facilities and equiptment.

7 Failure to ensure that maintenence release is completed and signed.
(if work order was not completed correctly)

8 Failure to ensure that maintenence release is completed and signed.
(not sure why 8 is the same as 7)

9 Performance of maintenence by unauthorized persons.
(If the aircraft was fitted or stripped of trays by unauthorized maintenance personnel. (The CAAP dont know how to spell "maintenance"?))

10 Failure to perform or improper performance of maintenence.
(same as above)

11 Failure to revise aircraft data after repair.
(if the work order was not completed properly)

13 Operation of an un-airworthly aircraft.
b non-conformity which may have an adverse effect on safety of an operation.
(if it is in breach)

This is from Transport Canada, so I know it doesnt relate directly, but I assume the CAAP have something similar.
602.01 No person shall operate an aircraft in such a reckless or negligent manner as to endanger or be likely to endanger the life or property of any person.

Please ask any questions you like. I can not disclose the airline name or specifics about the flight or aircraft.

Thank you very much
davebusinessonline is offline  
Old 7th Jul 2013, 10:02
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Hello, I really do appreciate your assistance. I really have spent too long away from the UK. I never thought about the legal implications.

Here is my stance.
I experienced this on a flight and reported it to both the airline and the local authority.
The airline (hats off to them) conducted a full investigation and then said they want to meet with me.
I know it will be nigh on impossible to research everything as it happens, so I would prefer to go into this meeting with the regulations that they may have breached.
I plan to first go to the authority as we have a contact there so we can confirm if the regulations relate to the issues they have already been shown (I sent them full documentation asap as I felt urgency).

While reviewing the images, I found other areas of concern.
I can post these images and edit them to hide any identifiable information.

All I am really looking for is for someone to say "this particular regulation may apply" so that I can then check it to see if we should include that with our potential list when we contact the local authority to get their opinion.

At the moment everything is very friendly and I am not seeking any legal action as the airline paid for the flight so we could review them. Weird right?
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Old 7th Jul 2013, 11:25
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OK, I think you should see the images so you can see the items reported.

Non Exit Row Seats - Snapped off trays with sharp metal and tray clasps which could easily impact the passengers head upon emergency landing.

Large Scrape On Tail

Rust on Engine Wing Connection

I have added a copyright layer on the images as I naturally do not want my images to end up in the media..

Please let me know what you think.

Thank you
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Old 7th Jul 2013, 20:25
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Dave the interior pictures are vague and don't really show anything and I am not aware of any regulations that would be an issue there though I do agree that it should be a bit more thought out. The picture of the pylon that you say is rust but is in fact delamination does not on the face of it be an issue to me provided that the delamination is within limits defined in the AMM/SRM, my my comments are purely based on your pictures.

Last edited by matkat; 8th Jul 2013 at 11:58.
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Old 8th Jul 2013, 03:10
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Having been involved with seat design/certification/manufacture in a previous life, the seat back concerns look to be quite relevant, I suggest.
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Old 8th Jul 2013, 19:13
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Agree with JT on seats

and not sure what you believe is the issue with the engine pylon? photo
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Old 16th Jun 2014, 10:45
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Thanks for your replies.
The issue with the engine pylon was (it seems) just cosmetic. My concern was how much deeper it went. I have never traveled on a plane that was in such a bad state on the exterior.
I reported all issues to the local authority CAAP who grounded the plane while the changes were implemented and they confirmed that it was a safety violation. I met with the head of flight operations for Asia who told me that this plane was from their Chinese fleet, hence the horrific state of the plane. Shortly after, the airline lost its license due to "safety concerns". The company was then eaten up by another airline who had recently obtained their flight paths. The airline no longer exists.

For me, the seats were a major issue in the exit rows as they had ripped off the seat trays to conform, but that left pointed metal parts at head height should an impact occur. It seemed that whoever removed the trays did not have a screwdriver and they simply ripped them off by hand. I guess when your planes are making you a million dollars per day, you will do whatever you can to keep them in the air. But they pushed the boat out too far and lost a days service with this plane.
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Old 21st Jun 2014, 07:46
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David, what exactly is your background? The reason I ask is that you have quoted CAAP regulations yet have little understanding of AMM procedures. And why do you want to know what other regulations have been broken? The reason I ask us that the biggest problem was oversight. Firstly by the CAAP and secondly on the part of the operator. The seats were just a symptom of a broken system, the real cause. Having a list of broken rules is just a stick to beat the system with, it won't fix it.

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Old 23rd Jun 2014, 03:32
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SAFA Inspections....

I think my SAFA Inspectors could have a 'field day' with this one!
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