INVESTIGATION OF AVIATION ACCIDENTS IN THE CONTEXT OF A CONFLICT OF INTERESTS BETWEEN LAW ENFORCEMENT, INSURERS, THE COMMISSION ON AIRCRAFT ACCIDENT INVESTIGATION AND OTHER ENTITIES

Abstract

The sole purpose of air accident investigations should be the prevention of accidents and incidents in the future without apportioning blame or liability. Civil aviation safety system is based on feedback and lessons learned from accidents and incidents which require strict application of rules on confidentiality in order to ensure the availability of valuable sources of information in the future. Therefore, the 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, national and international law. Each "involved person" who knows of the accident or serious incident, promptly notify the competent Authority Investigation of the State of the event. "Involved person" means the owner, a member of the crew, the operator of the aircraft involved in an accident or serious incident, or any person involved in the maintenance, design, manufacture of that aircraft or in the training of its crews, as well as any person involved in the air traffic control, providing flight information or providing airport services, which provided services for the aircraft, the staff of the national civil aviation authority, or staff of EASA (European Aviation Safety Agency). The protection level of the organization (employer): employees who report an event or replace the applications are events collected in the occurrence reporting systems can not bear any prejudice by their employer because of information provided by the applicant. The protection does not cover (exclusions): infringement with willful misconduct (direct intent, recklessness infringement); infringement committed by a clear and serious disregard of the obvious risks, and serious professional negligence unquestionably duty of care required under the circumstances, causing possible to predict damage to persons or property or that damages seriously compromising the level of aviation safety. All employees of the aviation sector, regardless of their function, have a safety-related duties and therefore are crucial for 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, it was reported voluntarily and without delay, because it is necessary to conduct analyzes and to increase the level of safety. "Just culture" is the basic premise of effective functioning of the reporting of events required for all aviation organizations in order to maintain and raise the safety level. Safety management is based on the data, and therefore 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 also rational and understandable for all stakeholders and posed a certain comfort and confidentiality of persons reporting events affecting safety airline. Changes in the existing legal system should be established in co-operation of all concerned institutions: Law Enforcement, including the Courts and Public Prosecution, Insurers Aviation, Aircraft Accident Investigation Commission and other entities. Is it possible to reconcile the interests of the so-called culture of aviation safety- "just culture" with the requirements of the above mentioned institutions and Traders involved with the implementation of air transport and exploring the effects of aerial surveys? The answers to this and similar questions will be widely presented in this article.