Grzegorz Zając Ph D International and European aviation

Grzegorz Zając, Ph. D. International and European aviation safety regulations. Accident investigation. Lecture 4 Aviation Law and Organizations, WSIZ Rzeszów 2013/2014

Aviation safety: Safety in aviation is the most important issue, which is regulated at the international level, the European and national level. To ensure safety in air transport is the primary function of the appropriate authorities. For the level of aviation safety in Poland is responsible the Civil Aviation Office and the border guard. © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

Types of control given the subject matter of the inspection: – passengers, air crew, airport staff, – Hand baggage and registered baggage, – mail, – air carrier materials, – diplomatic mail, and – security checks of the aircraft. © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

International regulations concerning aviation safety: Chicago convention provisions: Preamble, Article 3 par. d, Article 3 bis, Article 44, Article 64. § Preamble („ Whereas the future development of international civil aviation can greatly help to create and preserve friendship and understanding among the nations and peoples of the world, yet its abuse can become a threat to the general security” (…) the undersigned governments having agreed on certain principles and arrangements in order that international civil aviation may be developed in a safe and orderly manner (…)”. © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

§ Article 3 par. d („The contracting States undertake, when issuing regulations for their state aircraft, that they will have due regard for the safety of navigation of civil aircraft”). § Article 3 bis (The contracting States recognize that every State must refrain from resorting to the use of weapons against civil aircraft in flight and that, in case of interception, the lives of persons on board and the safety of aircraft must not be endangered) § Article 44 (The aims and objectives of ICAO: a) Insure the safe and orderly growth of international civil aviation throughout the world; d) Meet the needs of the peoples of the world for safe, regular, efficient and economical air transport; h) Promote safety of flight in international air navigation). © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

Aircraft Accident and Incident Investigation a) b) c) d) Definitions, Characteristics, Statistics, Examples of accidents and incidents © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

International regulations concerning investigation of accidents and incidents in civil aviation: Annex 13 to Chicago convention. © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

• Annex 13 to Chicago convention contains in particularly: a) b) c) d) e) Definitions, Objective of accident investigations, Protection of evidence, Responsibility of State of occurrence, Participation and responsibility of the State of Registry, State of the Operator, State of Design or State of Manufacture, f) The case of Preliminary Report and release of the Final Report. © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

Accident • Accident: An occurrence associated with the operation of an airplane that takes place between the time any person boards the airplane with the intention of flight and such time as all such persons have disembarked, in which: a) Death or serious injury results from: • Being in the airplane; or • Direct contact with the airplane or anything attached thereto; or • Direct exposure to jet blast; Excluding: – Fatal and nonfatal injuries from natural causes; and – Fatal and nonfatal self-inflicted injuries or injuries inflicted by other persons; and – Fatal and nonfatal injuries of stowaways hiding outside the areas normally available to the passengers and crew; and – Nonfatal injuries resulting from atmospheric turbulence, maneuvering, loose objects, boarding, disembarking, evacuation, and maintenance and servicing; and – Nonfatal injuries to persons not aboard the airplane; or b) The airplane sustains substantial damage; or c) The airplane is missing or is completely inaccessible. © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

What is not considered as an airplane accident? The following occurrences, that are the result of: a) experimental test flights b) or the result of a hostile action, including sabotage, hijacking, terrorism, and military action © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

• Incident. An occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation. • Serious incident. An incident involving circumstances indicating that an accident nearly occurred. NOTE ! The difference between an accident and a serious incident lies only in the result. © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

OBJECTIVE OF THE INVESTIGATION • The sole objective of the investigation of an accident or incident shall be the prevention of accidents and incidents. • ATTENTION! It is NOT the purpose to put down the blame to anybody or to indicate liability. © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

• The Final Report comprises of the following: 1. Factual information 2. Analysis 3. Conclusions 4. Safety recommendations © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

Aviation safety - European Union aviation safety policy Instruments concerning aviation safety: – – – European Aviation Safety Agency, Directives concerning accidents and incidents investigations, Harmonization of technical norms and procedures, „black list” of dangerous air carriers, Third-country air carrier control system, Cooperation with international organizations. © Dr Grzegorz Zając, WSIZ Rzeszów, 2013/2014

Thank you ! © by Ph. D. Grzegorz Zając Tło: Źródło: http: //polskalokalna. pl/raport/awaryjne-ladowanie-boeinga/news/awaryjne-ladowanie-boeinga-767 -takbylo, 1716025, 7766.