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Accidents, Aviation Incidents, Acts of Terror and Other Dangers in Aviation: Security Procedures and Entities Implementing Them in International, EU and National Laws

Mendala Oliwier, Mendala Jacek

Safety & Defense

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2023

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2

33--39

EN

The purpose of this article is to show the relationship between international, EU and national laws, assuming primarily the nature of public and international law in the field of air traffic safety, the entities and their tasks implementing aviation safety regulations and procedures, along with a discussion of the basic concepts that allow the distinction and qualification of a given event to a specific category, along with the procedures to be undertaken by the state bodies empowered to do so. This article also reveals the issues of cooperation and exchange of information between the authorities of signatory states and the authorities of international organizations such as the International Civil Aviation Organization (ICAO), as well as between a European Union member state and EU authorities. It also points out the responsibilities of airport operators and third parties witnessing aviation incidents.

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Analysis of past aircraft incidents in respect of occurrence of aircraft accident

Tomaszewska Justyna, Woch Marta, Zieja Mariusz, Parandyk Mikołaj

Safety and Reliability of Systems and Processes

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2023

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Summer Safety and Reliability Seminar 2023

227--236

EN

Aviation safety is the science and practice of risk management in aviation. It includes the prevention of aviation accidents and incidents through research, education of aviation personnel, passengers and the general public, and the design of aircraft and aviation infrastructure. The aviation industry is subject to considerable regulation and supervision. Despite this, aviation incidents continually occur. Most of these are of low consequence and involve only the loss of money or the temporary frightening of the crew and bystanders. Unfortunately, there are also accidents in which people die, and this loss is already unimaginably high. The chapter covers topics that include an analysis of aviation incidents, comparing the type of incident, the causes of the incident and the consequences the incident has caused. Also the models of safety management in aviation are presented and compared, so that the number of unsafe situations can be significantly reduced.

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Potencjalne źródła zagrożeń w procesie projektowania i konstruowania statków powietrznych

Uchman Zbigniew

Journal of KONBiN

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2023

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Vol. 53, iss. 4

43--59

PL

Najwyższym priorytetem w lotnictwie jest bezpieczeństwo. Przewozy lotnicze należą do najbardziej bezpiecznych środków transportu. Jest to efekt nieustannych działań mających na celu eliminację źródeł potencjalnych zagrożeń we wszystkich obszarach związanych z wykonywaniem operacji lotniczych. Kluczowa rola w tej mierze przypada producentowi statku powietrznego (SP). To on odpowiada za projekt i konstrukcję nowo budowanego samolotu lub śmigłowca oraz za proces jego produkcji. Na nim spoczywa obowiązek prowadzenia nadzoru nad przebiegiem eksploatacji. W artykule zdefiniowano źródła potencjalnych zagrożeń dla bezpieczeństwa operacji lotniczych, które leżą w zakresie kompetencji producenta SP. Należą do nich m.in. błędy w projektowaniu i konstruowaniu, wady produkcyjne, niewłaściwe prowadzenie badań i prób dowodowych, błędy i braki w dokumentacji opisowo-eksploatacyjnej i programach szkolenia, a także niedostateczny nadzór nad procesem eksploatacji. W artykule omówiono potencjalne źródła zagrożeń związanych z fazą projektowania i konstruowania statku powietrznego, a także przedstawiono przykłady błędów i zaniedbań w tej dziedzinie. Zawarte w artykule wnioski są wynikiem autorskiej analizy ponad 250 niebezpiecznych zdarzeń we współczesnym lotnictwie komunikacyjnym. Materiałami źródłowymi były protokoły z badania przyczyn analizowanych wypadków.

EN

Safety is the top priority in aviation. Air transport is one of the safest means of transport. This is the result of continuous activities aimed at eliminating sources of potential threats in all areas related to the performance of aviation operations. The key role in this respect belongs to the aircraft manufacturer. He is responsible for the design and construction of a newly built aircraft or helicopter and for its production process. He is responsible for supervising the operation. The article defines the sources of potential threats to the safety of air operations that lie within the manufacturer's competence. They include e.g. errors in design and construction, manufacturing defects, improper conduct of tests and proof tests, errors and deficiencies in the descriptive and operational documentation and training programs, as well as insufficient supervision over the operation process. The article discusses the potential sources of threats related to the design and construction phase of the aircraft, and also presents examples of errors and omissions in this field. The conclusions contained in the article are the result of the author's analysis of over 250 dangerous events that have taken place in modern commercial aviation. The source materials were protocols from the investigation of the causes of the analyzed accidents.

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“Just culture”? Conflicts of interest in the investigation of aviation accidents

Balcerzak T.A.

Zeszyty Naukowe. Transport / Politechnika Śląska

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2017

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z. 94

5--17

EN

The sole purpose of air accident investigations should be the prevention of accidents and other incidents in the future, without apportioning blame or liability. A civil aviation safety system is based on feedback and lessons learned from accidents and incidents, while requiring the strict application of rules on confidentiality in order to ensure the availability of valuable sources of information in the future. Therefore, related data, especially sensitive safety information, should be protected in an appropriate manner. Information provided by an individual in the framework of a safety investigation should not be used against them, in full respect of constitutional principles, and national and international law. Each “involved person” who knows about an accident or serious incident should promptly notify the competent state authority for carrying out an investigation of the event. “Involved person” refers to one of the following: the owner; a member of the crew; the operator of the aircraft involved in an accident or serious incident; any person involved in the maintenance, design, manufacture of that aircraft or in the training of its crew; any person involved in air traffic control, providing flight information or providing airport services, which provided services for the aircraft concerned; staff of the national civil aviation authority; or staff of the European Aviation Safety Agency. In terms of the protection level of the organization (employer), employees who report an event or submit an application to the investigation cannot bear any prejudice from their employer because of information provided by the applicant. The protection does not cover (exclusions): infringement with wilful misconduct (direct intent, recklessness infringement); infringement committed by a clear and serious disregard of the obvious risks; and serious professional negligence, i.e., the failure to provide unquestionably duty of care required under the circumstances, causing possible or actual damage to persons or property leading the level of aviation safety being seriously compromised. All employees in the aviation sector, regardless of their function, have safety-related duties and are therefore critical to the security of the entire civil aviation system. The safety of this system requires that any event that has or may have an impact on security in aviation should be reported voluntarily and without delay, because it is necessary to conduct an appropriate investigation in order to increase the level of safety. “Just Culture” is the basic premise for the effective functioning of the reporting of events required for all aviation organizations in order to maintain and raise the safety level. As safety management is based on precise data, it is necessary to introduce appropriate procedures, which allow for obtaining information not only about the events that have already occurred, but also about any other events that could potentially cause hazardous conditions. All the procedures and rules of operation relating to the policy of Just Culture should be constructed so that they not only comply with the provisions of applicable law, but are also rational and understandable by all stakeholders, as well as provide certain comfort and confidentiality to persons reporting events that affect airline safety. Changes in the existing legal system should be established in cooperation with all concerned institutions: law enforcement, including the courts and public prosecution, aviation insurers, the Aircraft Accident Investigation Commission and other entities. Is it possible to reconcile the interests of the so-called culture of aviation safety, i.e., Just Culture, with the requirements of the above-mentioned institutions and traders involved in the implementation of air transport and the exploration of the effects of aerial surveys? The answers to this and similar questions will be widely presented in this article.

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How to secure basic evidence after an aviation accident.

Konieczka R.

Zeszyty Naukowe. Transport / Politechnika Śląska

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2017

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z. 94

65--74

EN

This article attempts to provide a synthesis of basic directions indispensable to accurately collecting evidence after an aviation accident. The proper collection procedure ensures the avoidance of the loss of evidence critical for an investigation carried out by law enforcement agencies and/or the criminal justice system, which includes the participation of aviation expert investigators. Proper and complete evidence is also used to define the cause of the accident in the proceedings conducted by Państwowa Komisja Badania Wypadków Lotniczych (State Committee for Aviation Incidents Investigation, The State Committee for Aviation Incidents Investigation, hereafter referred to as the PKBWL). The methodology of securing evidence refers to the evidence collected at the scene of an accident right after its occurrence, and also to the evidence collected at other sites. It also includes, within its scope, additional materials that are essential to furthering the investigation process, although their collection does not require any urgent action. Furthermore, the article explains the meaning of particular pieces of evidence and their possible relevance to the investigation process.

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An examination of aviation accidents in the context of a conflict of interests between law enforcement, insurers, commissions for aircraft accident investigations and other entities

Balcerzak T.

Zeszyty Naukowe. Transport / Politechnika Śląska

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2017

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z. 95

5--17

EN

The sole purpose of air accident investigations should be the prevention of accidents and incidents in the future without apportioning blame or liability. Any civil aviation safety system is based on feedback and lessons learned from accidents and incidents, which require the strict application of rules on confidentiality in order to ensure the availability of valuable sources of information in the future. Therefore, related data, especially sensitive safety information, should be protected in an appropriate manner. Information provided by a person in the framework of a safety investigation should not be used against that person, in full respect of constitutional principles, as well as national and international law. Each “involved person” in an accident or another serious incident should promptly notify the competent investigating authority of the state of the event. An “involved person” means the owner, a member of the crew, the operator of the aircraft involved in an accident or other serious incident, or any person involved in the maintenance, design, manufacture of the affected aircraft or in the training of its crews, as well as any person involved in air traffic control, providing flight information or providing airport services to the aircraft in question, the staff of the national civil aviation authority, or staff of the European Aviation Safety Agency. The protection level of the organization (employer): employees who report an event or replace applications following an event with regard to the appropriate reporting systems should not face any prejudice from their employer because of information provided by the applicant. The protection does not cover (exclusions): infringement with wilful misconduct (direct intent, recklessness infringement); infringement committed by a clear and serious disregard of the obvious risks; and serious professional negligence of an unquestionably duty of care required under the circumstances, resulting in possible or actual damage to persons or property, or damage that seriously compromises the level of aviation safety. All employees in the aviation sector, regardless of their function, have safety-related duties, which are crucial to the security of the entire civil aviation system. The safety of this system requires that as many events that have or may have an impact on security in aviation are reported voluntarily and without delay in order to conduct appropriate analyses and increase the level of safety. “Just Culture” is the basic premise of the effective functioning of event reporting required for all aviation organizations in order to maintain and enhance safety levels. As safety management is based on data, it is necessary to introduce appropriate procedures, which allow for obtaining information, not only about the events that have already occurred, but also about any other events that could potentially cause hazardous conditions. All the procedures and rules of operation relating to the policy of “Just Culture” should be constructed, so that they not only comply with the provisions of applicable law, but are also rational and understandable among all stakeholders, while ensuring a certain level of comfort and confidentiality to those reporting events that affect airline safety. Changes in the existing legal system should be established in cooperation with all concerned institutions: law enforcement, including the courts and public prosecution bodies, insurers aviation, the aircraft accident investigation commission and other entities. Is it possible to reconcile the interests of so-called “Just Culture” in the aviation industry with the requirements of the above-mentioned institutions and traders involved in the implementation of air transport and the exploration of the effects of aerial surveys? The answers to this and similar questions will be fully addressed in this article.

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Analysis of the aircraft accidents occurred in units of the Polish Air Force Academy in the years 1970–1994

Kozuba J., Kustra M., Tomaszewska J.

Problemy Transportu i Logistyki

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2016

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nr 1 (33)

35--43

EN

The article was written on basis of Flight safety brochures published by the Polish Air Force Academy from 1975 to 1998. The first part is dedicated for actual training process of the Polish military pilots. The second component focuses on the main causes of the occurrence of aircraft accidents in units of the Polish Air Force Academy in concerned period of time. The further part of the article is dedicated to analysis of aircraft accidents occurred in military aviation training units in years 1970–1994.

PL

Poniższy artykuł został napisany w oparciu o Informatory bezpieczeństwa lotów, wydane w Wyższej Szkole Oficerskiej Sił Powietrznych w latach 1975–1998. W części pierwszej opisano aktualny proces szkolenia pilotów wojskowych w Polsce. Następnie scharakteryzowano główne przyczyny wypadków lotniczych w jednostkach Wyższej Szkoły Oficerskiej Sił Powietrznych w rozpatrywanym okresie. W ostatniej części artykułu poddano analizie wypadki zaistniałe w jednostkach szkolnych w latach 1970– 1994.