LM 11.2.3 RIGHT OF REPRESENTATION

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LM 11.2.3 RIGHT OF REPRESENTATION

 

IFATCA Policy is:

The Controller has the right to be accompanied by a representative of his choice at any hearing, inquiry or investigation into any Air Traffic Control incident or accident.

The Controller should make no written statements without the advice of a legal representative of his choice, even at pre-investigation board stages.

The circumstances prompting the investigation, and the perceived operational situation immediately prior to the alleged incident / accident, shall be made available to the Controller and his representative prior to any questions being put to the Controller.

When an Investigation Board is convened, it shall be confidential and non-disciplinary in nature. The Board should be comprised of individuals who have operational experience in Air Traffic Control.

The Controller and his representative have the right to make representations and direct questions to the officials in charge of the investigation.

MAs shall inform their members that any statement made in an accident or incident investigation could also be used by prosecutors in legal proceedings.

The Controller and his representative have the right, prior to appearing before any investigative Board, to review all relevant video and audio recordings and computer readouts of Air Traffic Control operations where available. In addition, the Controller and his representative shall be provided with copies of transcripts of all relevant audio recordings prior to appearing before any Investigative Board.


See: WP 156 – Kathmandu 2012, WP 159 – Istanbul 2007 and WPs. – Nairobi 1987 amended WP C.9. – Acapulco 1990

 

Last Update: September 29, 2020  

November 5, 2019   235   Jean-Francois Lepage    LM    

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