38TH ANNUAL CONFERENCE, Santiago, Chile, 15-19 March 1999
WP No. 136
Data Bank of Jurisprudence Update and Figures
During the last year, only 2 cases were added to the data bank: one case by Switzerland and one case by Israel. So the data bank is increasing slowly. All the new information is about aircraft crashes where the Air Traffic Controller was involved as a defendant before the court. The main defence was the non-direct responsibility. In the Data Bank, there are 22 cases. 7 of them are collisions, 14 crashes and one air-miss.
The data bank has been used a lot. 4936 accesses were registered per month to the IFATCA Data Bank. 1606 requests for pages per month, 62 requests for files. 8 calls were received by fax at SC7 addresses and relevant material provided to MAs.
The Data Bank is located, for the time being at the Israeli web site – http://www.atc.org.il. It will move to the IFATCA web site when it is established. Further information can be obtained from members of SC7 and the Israeli association.
SC7 has provided statistical analysis of the Jurisprudence Data Bank. The figures might help MAs to use the Data Bank and encourage them to send more relevant information for the use of IFATCA. Two main factors are taken by this statistic:
1. Case facts: is it a crash or a collision or near miss.
2. The responsibility: is it ATC, pilot or both?
From the cases at the bank – in 5 cases the ATCO is found responsible for the case, in 8 cases the pilot is found responsible and in 9 of the cases the responsibility is shared between them.
Following a suggestion from the EVPP, It is proposed to widen the data stored on the databank to include jurisprudence from cases involving ATCOs other than accidents and incidents. It is felt that information on recent cases in Africa and elsewhere might be useful to other MAs in the future. The Questionnaire will be changed to reflect this. MAs are invited to use the Data Bank as a record for similar cases. The information might help in the defendant program, if necessary.
Please send relevant information for the use of other MAs, if in the case, the ATCO was named as defendant before court for an aircraft incident or accident.
Last Update: September 28, 2020