Update of Policy on Legal Liability of the Controller

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Update of Policy on Legal Liability of the Controller

39TH ANNUAL CONFERENCE, Marrakech, Morocco, 6-10 March 2000

WP No. 155

Update of Policy on Legal Liability of the Controller

Introduction

With the development of new Air Traffic Control Systems and Technology it became necessary to review and enhance IFATCA’s Policies. This paper seeks to amend the existing IFATCA policies in this area.

Discussion

Due to the increasing traffic density and the quest for improved safety, reliability, efficiency and air space capacity, new technologies and concepts are being evolved and incorporated into the ATC system. In the mean while ATC are faced with the responsibilities of having to cope with these new systems and their effects on the legal framework. At the 33rd Annual conference Ottawa Canada WP No.143 made recommendations, which were made policy and adopted into the IFATCA Manual page 4412 as paragraphs 1.1.9 and 1.2.1.

Page 4412, paragraph 1.1.9 reads:

Guidelines and procedures shall be established in order to prevent incidents arising from the use of false or misleading information provided by ACAS.

 

SC 7 is of the opinion that this policy should be amended to a more generalized statement so as to encompass all aspects of misleading information received, not only from Airborne Collision Avoidance Systems. Therefore paragraph 1.1.9 of the IFATCA Manual should be amended to read:

Guidelines and procedures shall be established in order to prevent incidents occurring from the use of false or misleading information provided to the controller.

Page 4412, paragraph 1.2.1 reads:

A controller shall not be held liable for any incident resulting from the failure of an Automated Air Traffic Control System.

 

SC7 believes that this policy should be amended to remove the word “Automated” and the policy should be enhanced. The amended policy should read:

A controller shall not be held liable for any incident or accident resulting from the total or partial failure of any Air Traffic Control System.

Conclusion

Legal policies have to be continually reviewed and enhanced so as to ensure that controllers are always afforded adequate representation.

Recommendations

Page 4412 1.1.9 should be amended to read:

Guidelines and procedures shall be established in order to prevent incidents occurring from the use of false or misleading information provided to the controller.

Page 4413 1.2.1 should be amended to read:

A controller shall not be held liable for any incident or accident resulting from the total or partial failure of any Air Traffic Control System.

References

IFATCA Manual.

WP No. 143. 33rd Annual IFATCA Conference, Ottawa, Canada.

Last Update: September 28, 2020  

March 11, 2020   339   Jean-Francois Lepage    2000    

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