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have already put legislation
in place and are reviewing further
measures. The problem is that
effective measures must reconcile the
needs of both judicial authorities and
aviation safety.
EUROCONTROL has therefore started
a dialogue between the authorities
concerned. A better understanding
of the consequences that judicial proceedings
may have on safety must be
the starting point. Criminal prosecutors
generally have the discretionary
power to decide whether or not to
pursue an investigation or launch
criminal proceedings; it is proposed
that a clearer view of the safety consequences
may actually assist them in
exercising those powers.
In particular, the EUROCONTROL Just
Culture Task Force, with participants
from the European Commission, ICAO,
EASA4, IFATCA, accident investigation
boards, EUROCONTROL, national
prosecutors and criminal investigators,
and the civil aviation authorities
of EUROCONTROL’s Member
States and the US, has been established
as a platform for such dialogue. The
Task Force is now discussing a model
policy for national prosecutors, introducing
voluntary restrictions for the
types of offence that would result in
a criminal investigation after a serious
incident or an accident.
Let ’s dance !
In Roderick van Dam’s office, there is a
copy of a well-known picture of a First
World War-type aircraft that seems to
have “landed” in a tree. It looks rather
battered, but still more or less in one
piece. It is also about 15 feet above
terra firma. The text in the image reads:
“Aviation in itself is not inherently
dangerous. But to an even greater
degree than the sea, it is terribly unforgiving
of any carelessness, incapacity
or neglect.”
This message should be a source of inspiration
for both safety investigators
and criminal prosecutors, as the message
seems to fit the roles and duties
of both categories of specialist.
There is an identified need for those
involved in the administration of justice
and aviation safety to exchange
views and establish balanced processes
which must ultimately support and
improve aviation safety. The concept of
“just culture” is based on the support
and understanding of both groups of
professionals. The reconciling of aviation
safety and the administration of
justice can be summarised by that universally
recognised expression, it takes
two to tango. n
Although very rare,
the misuse of law
enforcement processes
following aviation
accidents should be
strongly condemned.
32
FOCUS
Rob Peters, Civil-Military ATM Coordination Directorate, tells us how civil
and military cooperation and coordination are essential in
enhancing air traffic management (ATM) safety.
Civil-military
partnership for safety
Rationale
The military community is a global
ATM player. Depending on their national
policy, military organisations
can play different roles – that of aircraft
operator, of service provider for
General Air Traffic (GAT) and
Operational Air Traffic
(OAT) services
and/or national supervisory authorities.
Additionally, military airspace
users might have specific needs which
cannot be accommodated by standard
GAT procedures.
With roughly 10,000 military aircraft
flying in the skies above Europe
(when) sharing a common airspace
with civil users as a consequence
of the implementation of the Flexible
Use of Airspace concept, there
is a clear need for close civil-military
coordination.
Furthermore, the ambitious safety
objectives set by SESAR call for even
greater involvement on the part of the
entire military community in the overall
ATM safety approach.
Enhanced civil -
military coordination
One of the main purposes of civilmilitary
cooperation is to improve
the trust and confidence between the
civil and military aviation communities,
including ATM, with a view to the
harmonised implementation of new
concepts.
It is also important that the whole of
the European ATM network includes
the military dimension when considering
future developments since both
communities share a common airspace.
Enhancing safety through military
coordination is therefore a requirement
if the ATM safety objectives are
to be met now and in the future.
Current situation
Safety activities are currently subdivided
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