37TH ANNUAL CONFERENCE, Toulouse, France, 30 March – 3 April 1998
WP No. 155-1
Review of Existing IFATCA Policies (Legal)
Editor’s Note: As this particular WP reviewed several areas of IFATCA Legal Policy, only that part which refers to the actual Policy described here is shown.
The review of Existing IFATCA Policies (Legal) continues on the work Programme of SC7. Presently, IFATCA Policies relating to Legal Matters can be found in the IFATCA Manual pages 4401-4441 and IFATCA Policy Documents are on pages 44-A1 and 44-B1.
IFATCA’s Legal Policy comprises of the following sections:
1.3.1. Legal liability of the Controller
1.3.2. Accident and Incident Investigation
1.3.3. Legal Assistance
1.3.4. Unlawful Interference with Civil Aviation and its Facilities
Additionally there are attachments to sections 1.3.2. and 1.3.4.:
1.3.2. IFATCA Policy Document on Accident and Incident Investigation
1.3.4. IFATCA Policy Document on Unlawful Interference with Civil Aviation and its Facilities
Last year this Committee came to the conclusions that there was room for more work to be done especially in the areas of the Legal Liability of the Controller and Legal Assistance. WPs that were adopted as Guidance Material at past Conferences should be included in the IFATCA Manual since they hold a status similar to IFATCA Policy. (These will now be included in the IFATCA Professional Manual) That more background information with regards to certain Professional Policies needed to be gathered and placed in a Professional Manual so as to ensure its ease of accessibility.
Legal Liability of the Controller
In paragraph 1.1.2., line 3, it is suggested that the words “or public enquiry” be inserted directly after the word “court”.
It should be noted that not in all cases in which the Air Traffic Controller was named as defendant were settled in court. In certain instances there are some countries where a public enquiry was established to investigate the cause of such accidents/incidents.
Therefore, paragraph 1.1.2. should now be amended to read:
“MAs shall support the efforts of SC7 in discovering all cases in which the Air Traffic Controller was named as defendant before a court or public enquiry for aircraft accidents/incidents.”
It is believed that words such as “deliberate act” and “criminal negligence” as found in paragraph 1.1.3. should not be used in this instance.
Last Update: September 28, 2020