PowerPoint Presentation

Aviation Law

Air Crash InvestigationsBy Robert Grove, Matthew Belham, Thomas Fogg & Chris Barritt."In the Aviation Law System the Aviation Industry are represented by two separate, yet equally important groups. The ATSB who investigate crashes and CASA who prevent them. These are their stories."

ATSB Statistics107 Accidents195 Serious incidentsOver 7,300 incidents involving Australian Registered Aircraft.570 Occurrences with foreign aircraft.ATSB StatisticsGeneral Aviation was involved in 38 percent of incidents.Airspace incursions, compliance with air traffic control, and birdstrikes were the most common incidents reported Accidents and serious incidents involved terrain collisions, engine failures, and a loss of aircraft control. ATSB StatisticsPrivate/Business had highest number of incidents15 fatal accidents resulting in 22 fatalitiesCommercial had the lowest number of incidents.helicopters had a higher rate of accidents and fatal accidents than aeroplanes Pilots and operators should use the misfortunes of others to help identify the safety risks in their operation that could lead to a similar accident or serious incident.- ATSBWhose in charge?

Mr Martin Dolan CHIEF COMMISSIONERMartin Dolan was appointed as the first Chief Commissioner of the ATSB on 1 July 2009 for a term of five years.Mr Dolan has worked as a Commonwealth public servant for 30 years. Prior to the ATSB, he was Chief Executive Officer of Comcare, with responsibility for the occupational health and safety and workers' compensation of Commonwealth employees.

Ms Carolyn Walsh COMMISSIONERCarolyn Walsh has over 25 years experience in policy development, regulation and safety management at both the Commonwealth and state levels. She has 10 years experience in the transport sector, initially as Executive Director, Strategy in the NSW Office of the Coordinator-General of Rail, and then as the Chief Executive of the NSW Independent Transport Safety and Reliability Regulator (ITSRR).

Mr Noel HartCOMMISSIONERNoel Hart has over 30 years experience in the shipping industry, including thirteen years at sea in senior deck officer positions. His qualifications include a Master Mariner Class One degree and business administration and MBA certificates

The Australian Transport Safety Bureau (ATSB) is Australias national transport safety investigator. Its Investigations seek to identify safety issues and encourage safety action to reducethe risk of future accidents and incidents. The ATSB is governed by a Chief commissioner and two or more commissioners. An aviation accident is defined by the Convention on International Civil Aviation Annex 13 as an ; Occurrence associated with the operation of an aircraft, which takes place between the time any person boards the aircraft with the intention of flight until all such persons have disembarked, where a person is fatally or seriously injured, the aircraft sustains damage or structural failure or the aircraft is missing or is completely inaccessible

The ATSB is the federal government body responsible for investigating transport-related accidents and incidents within Australia. It covers air, sea and rail travel and is an independent Commonwealth Government statutory Agency. The ATSB is governed by a Commission and is entirely separate from transport regulators, policy makers and service providers. Its headquarters are located in Canberra, but it does have offices in, Adelaide, Brisbane and Perth.It has about 110 employees, including about 60 investigators of aviation, marine, and rail accidents and incidents.

Many aviation incidents and all accidents are reportable to the (ATSB) under theTransport Safety Investigation Act 2003. Air Navigation Act 1920 Navigation Act 2012 Civil Aviation Act 1988

ActsRegulations Transport Safety Investigation regulation 2003 Air Navigation Regulation 1947 Civil Aviation Regulations 1988Transport Safety Investigation (voluntary and confidential reporting scheme) regulation 2012

- Section 12AA (3) of the TSI Act, clearly states that it is NOT the function of the ATSB to: Apportion blame for transport accidents or incidents; Provide the means to determine the liability of any person in respect of a transport accident or incident; Assist in court proceedings between parties (except as expressly provided for in the Act); or Allow any adverse inference to be drawn from the fact that a person is subjectto an investigation under this Act

What they do essentially..

An ATSB investigation is purely aimed at determining the factors which led to an accident or safety incident so that lessons can be learned and transport safety improved in the future. The ATSB's ability to conduct an investigation with this objective would be compromised if it sought to lay blame, as the future free-flow of safety information could not be guaranteed. ATSB investigation reports cannot be used in criminal or civil proceedings. Release of sensitive safety information obtained by the ATSB is strictly regulated.

Liability may arise in relation to an ATSB investigation if a responsible person does not report an immediately reportable matter (IRM) or routine reportable matter (RRM), or if a person deliberately hampers an investigation, or releases sensitive safety information without authorisation.

http://www.atsb.gov.au/map.aspx

ATSB Vs CASACASA Independent Commonwealth statutory Authority (They blame) ATSB Independent Commonwealth Statutory Agency (They Dont Blame)

CASACASAs RoleATSB investigateCASA read reports and find out the causesCASA put forward new regulations to ParliamentCASAs RolePrevention better than cureWhat is done to prevent incidents?CASA officers conducting inspections, tests, etc.Tests/and or inspections on the aircraft, the pilot, and aerodromesCan be done unannouncedCASA officers dont need consentMust provide identification

CASAs RoleThey are authorised to conduct inspections under the following:Civil Aviation Regulations 1988 30(4), 30(6), 53 and 305 Civil Aviation Act 1988 Part IIIA and section 32ACB

Regulations 30(4), 30(6), 53 and 305

Civil Aviation Act 1988, Part IIIA and section 32ACB

Inspections on and around aircraftsCASA inspectors have a role in the acceptable standard of maintenance and inspection on aircrafts CASA inspectors look at inside and outside airworthiness of the aircraft, as well as the ground operationsCompany can be fined if do not complyCASA inspectors can supervise maintenanceRegulation 254, Exits and passageways not to be obstructed

Inspections/tests on peopleDrug and Alcohol testingTest resultsThis is covered in section 36 of the act, and regulation 256Civil Aviation Act 1988, Section 36

Civil Aviation Act 1988, Section 36

Regulation 256

RelevanceWhy have we bored you with this?Incident InvestigationQANTAS flight QF32Airbus A380

Second Leg of London to Singapore

Incident happened overhead Batam Island, Indonesia.

Incident InvestigationIncident occurred over Batam Island, Indonesian Airspace.Incident InvestigationIncident occurred over Batam Island, Indonesian Airspace.Plane turned around and landed at Changi Airport, Singapore.Incident InvestigationIncident occurred over Batam Island, Indonesian Airspace.Plane turned around and landed at Changi Airport, Singapore.Why ATSB?Incident InvestigationThe ATSB is responsible for investigating accidents and other transport safety matters involving civil aviation, marine and rail operations in Australia that fall within Commonwealth jurisdiction, as well as participating in overseas investigations involving Australian registered aircraft and ships.Transport Safety Investigation Act 2003Incident InvestigationATSBRuns full investigation over incident.CASAIncident InvestigationATSBRuns full investigation over incident.Recommends Rolls Royce address safety issues.CASAIncident InvestigationATSBRuns full investigation over incident.Recommends Rolls Royce address safety issues.Unimpressed with Rolls Royces steps. Consults with CASA.CASAIncident InvestigationATSBRuns full investigation over incident.Recommends Rolls Royce address safety issues.Unimpressed with Rolls Royces steps. Consults with CASA.CASAIssues maintenance direction to Qantas under Regulation 38 of the Civil Aviation Regulations 1988.Incident InvestigationATSBRuns full investigation over incident.Recommends Rolls Royce address safety issues.Unimpressed with Rolls Royces steps. Consults with CASA.CASAIssues maintenance direction to Qantas under Regulation 38 of the Civil Aviation Regulations 1988.(1)CASA may give directions relating to the maintenance of Australianaircraftfor the purpose of ensuring the safety of air navigation.Regulation 38 of the Civil Aviation Regulations 1988Incident InvestigationQANTAS immediately grounds A380 fleet.Incident InvestigationQANTAS immediately grounds A380 fleet.QANTAS lifts grounding with permission from CASA.

Incident InvestigationATSB Investigates and Recommends

Incident InvestigationATSB Investigates and RecommendsCASA Enforces

References - Introhttp://www.atsb.gov.au/publications/2013/ar-2013-067.aspxhttp://www.atsb.gov.au/aviation/aviation-safety.aspxhttp://www.atsb.gov.au/publications/safety-investigation-reports.aspx?mode=Aviationhttp://img2.wikia.nocookie.net/__cb20070430015343/uncyclopedia/images/4/49/Qantas_Plane_Crash.jpghttp://www.atsb.gov.auhttp://www.casa.gov.auhttp://www.comlaw.gov.auCivil Aviation Act 1988Civil Aviation Regulations 1988Civil Aviation Safety Regulations 1988

References ATSB/CASAReferences QF32Investigation: AO-2010-089 - In-flight uncontained engine failure Airbus A380-842, VH-OQA, overhead Batam Island, Indonesia, 4 November 2010. 2014.Investigation: AO-2010-089 - In-flight uncontained engine failure Airbus A380-842, VH-OQA, overhead Batam Island, Indonesia, 4 November 2010. [ONLINE] Available at:https://www.atsb.gov.au/publications/investigation_reports/2010/AAIR/AO-2010-089.aspx. [Accessed26 August 2014]Transport Safety Investigation Act 2003, Available athttp://www.austlii.edu.au/au/legis/cth/consol_act/tsia2003374/[Accessed26 August 2014]Civil Aviation Regulations 1988, Available athttp://www.austlii.edu.au/au/legis/cth/consol_act/tsia2003374/[Accessed26 August 2014]

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