Jurgen
Whyte
Department of Transport, Tourism and Sport
Chief Inspector
Leeson
Lane
Air Accident Investigation Unit
Dublin 2
Victim Assistance – ‘Managing Expectations’
AIR ACCIDENT INVESTIGATION UNIT
““One of the most challenging aspects of the air One of the most challenging aspects of the air accident investigation process is the interaction with accident investigation process is the interaction with
the victims of aviation accidents and their relativesthe victims of aviation accidents and their relatives””..(ESASI Amsterdam 2012)(ESASI Amsterdam 2012)
AIR ACCIDENT INVESTIGATION UNIT
•• Assistance
to
the
victims
of
air
accidents
and
their
relativesAssistance
to
the
victims
of
air
accidents
and
their
relatives……. . specific to the investigative process.specific to the investigative process.
•• Air
Accident
Investigation
bodies,
as
a
matter
of
course,
have Air
Accident
Investigation
bodies,
as
a
matter
of
course,
have provided
such
assistance
throughout
the
investigative
process
anprovided
such
assistance
throughout
the
investigative
process
and d
beyond.beyond.
•• The
aviation
industry
has,
in
the
past,
failed
to
meet
the
needsThe
aviation
industry
has,
in
the
past,
failed
to
meet
the
needs
of of some victims and their relatives following accidents.some victims and their relatives following accidents.
•• It is only in recent years that the requirement of such assistanIt is only in recent years that the requirement of such assistance has ce has become a legal obligation.become a legal obligation.
•• As
an
investigator,
I
consider
that
it
is
right
that
victims
andAs
an
investigator,
I
consider
that
it
is
right
that
victims
and
their their relatives
are
kept
informed
of
the
investigative
process,
the relatives
are
kept
informed
of
the
investigative
process,
the
progress
of
the
investigation
and
the
outcome
of
an
investigatioprogress
of
the
investigation
and
the
outcome
of
an
investigation n once this does not compromise the objectives of the investigatioonce this does not compromise the objectives of the investigation.n.
•• ‘‘CC’’
change towards legal intervention change towards legal intervention ‐‐
litigious society. litigious society.
Context:Context:
AIR ACCIDENT INVESTIGATION UNIT
•• USA USA ‐‐
The Aviation Disaster Family Assistance Act 1996.The Aviation Disaster Family Assistance Act 1996.
1.1.
Requires
the
NTSB
to
coordinate
the
disaster
response Requires
the
NTSB
to
coordinate
the
disaster
response resources
of
Federal,
State,
Local
and
Volunteer resources
of
Federal,
State,
Local
and
Volunteer
agencies.agencies.
2.2.
The
Office
of
Transportation
Disaster
Assistance
(TDA) The
Office
of
Transportation
Disaster
Assistance
(TDA) provides
information
to
family
members
following
the provides
information
to
family
members
following
the
accident.accident.
•• ICAO Circular 285ICAO Circular 285‐‐AN/166 (2001) Guidance on Assistance to AN/166 (2001) Guidance on Assistance to Aircraft Accident Victims and their Families.Aircraft Accident Victims and their Families.
Legislation and GuidanceLegislation and Guidance
AIR ACCIDENT INVESTIGATION UNIT
• Regulation (EU) No. 996/2010 on the investigation and prevention
of accidents and incidents in civil aviation.
• Recital
(32):
Assistance
to
the
victims
of
air
accidents
and
their relatives should be adequately specified.
• Article 1 Subject Matter:
…….it
also
aims
to
improve
the
assistance
to
the
victims
of
air accidents and their relatives.
• Article
21
Assistance
to
the
victims
of
air
accidents
and
their relatives:
1.
Aviation Emergency Planning2.
Airline Emergency Plans
3.
Reference Person as Point of Contact
EU Legislation EU Legislation
AIR ACCIDENT INVESTIGATION UNIT
Regulation (EU) 996/2010 (Supportive) Legislation Regulation (EU) 996/2010 (Supportive) Legislation
•• Article 15 Communication of Information:Article 15 Communication of Information:
1.1.
Authorisation
as
to
what
can
be
released
and
made
public Authorisation
as
to
what
can
be
released
and
made
public to victims and their relatives.to victims and their relatives.
•• Article
20
Information
on
Persons
and
Dangerous
Goods
on Article
20
Information
on
Persons
and
Dangerous
Goods
on Board:Board:
1.1.
Airlines:Airlines:‐‐
Validated list of persons on board.Validated list of persons on board.
2.2.
Airlines:Airlines:‐‐
List of dangerous goods on board.List of dangerous goods on board.
AIR ACCIDENT INVESTIGATION UNIT
So who are the Victims of aviation accidents?So who are the Victims of aviation accidents?And who are the Relatives?And who are the Relatives?
AIR ACCIDENT INVESTIGATION UNIT
•• Not defined by EU RegulationNot defined by EU Regulation
““An occupant of the aircraft, or any person outside the aircraft,An occupant of the aircraft, or any person outside the aircraft,
who is who is unintentionally involved in the aircraft accidentunintentionally involved in the aircraft accident””. . (ICAO)(ICAO)
•• Victims may include:Victims may include:
Flight CrewFlight Crew
Cabin CrewCabin Crew
OthersOthers
Revenue passengersRevenue passengers
NonNon‐‐revenue passengersrevenue passengers
And third partiesAnd third parties
•• In
the
provision
of
assistance
there
is
a
need
to
differentiate In
the
provision
of
assistance
there
is
a
need
to
differentiate between the between the ‘‘interested party victiminterested party victim’’
and the and the ‘‘innocent victiminnocent victim’’
Victims:Victims:
Interested Interested PartiesParties
Innocent Innocent VictimsVictims
AIR ACCIDENT INVESTIGATION UNIT
Relative
Selfor
RelativeSelf
AIR ACCIDENT INVESTIGATION UNIT
•• Defined by EU Regulation:Defined by EU Regulation:
‘‘RelativesRelatives’’
means
the
immediate
family
and/or
nextmeans
the
immediate
family
and/or
next‐‐ofof‐‐kin
and/or kin
and/or other
person
closely
connected
with
the
victim
of
an
accident, other
person
closely
connected
with
the
victim
of
an
accident,
as as
defined under the national law of the victimdefined under the national law of the victim..
•• Recent experience:Recent experience:
Immediate family/nextImmediate family/next‐‐ofof‐‐kin were parents of deceased Pilot.kin were parents of deceased Pilot.Partner of deceased Pilot took control as Partner of deceased Pilot took control as ‘‘executor of willexecutor of will’’..Parents withdrew from process.Parents withdrew from process.Partner appointed legal firm for representation.Partner appointed legal firm for representation.Sought
over
a
protracted
period
to
influence
the
outcome
of Sought
over
a
protracted
period
to
influence
the
outcome
of
Final Report.Final Report.
•• In
Ireland
if
a
victim/relative
appoints
a
legal
representative,In
Ireland
if
a
victim/relative
appoints
a
legal
representative,
that that entity
becomes
the
victims/relatives
point
of
contact for
the entity
becomes
the
victims/relatives
point
of
contact for
the
investigation.investigation.
RelativesRelatives……..more complex:..more complex:
AIR ACCIDENT INVESTIGATION UNIT
• To provide assistance and information to a wide and complex range of individuals.
•• Different nationalities, with different languages, cultures, traDifferent nationalities, with different languages, cultures, traditions ditions and religions.and religions.
•• Some having suffered life changing experiences as a result of beSome having suffered life changing experiences as a result of being ing involved in the accident, or having suffered serious injury or tinvolved in the accident, or having suffered serious injury or the loss of he loss of
a loved one.a loved one.
•• Different emotions , stages of grief and needs:Different emotions , stages of grief and needs:
Anger Anger ‐‐
Guilt Guilt ‐‐
Hurt Hurt ‐‐
Pain Pain ‐‐
Blame Blame ‐‐
Revenge Revenge ‐‐
Compensation Compensation ‐‐
Closure Closure
•• Some who will only accept what they want to believe themselves.Some who will only accept what they want to believe themselves.
•• Some who will not stop until they get what THEY want.Some who will not stop until they get what THEY want.
•• The limited resources available.The limited resources available.
•• Without compromising the objectives of the investigation itself.Without compromising the objectives of the investigation itself.
The challengeThe challenge……
AIR ACCIDENT INVESTIGATION UNIT
Some NEVER go awaySome NEVER go away……
••
General aviation type events with low number of fatalities.General aviation type events with low number of fatalities.
••
The
IIC as
reference
person
(RP)
is
the The
IIC as
reference
person
(RP)
is
the
‘‘point
of
contactpoint
of
contact’’
for all for all concerned.concerned.
••
The
Investigation
differentiates
between
the
needs
of
the
statesThe
Investigation
differentiates
between
the
needs
of
the
states, , interested parties and the innocent victims/relatives.interested parties and the innocent victims/relatives.
••
OnOn‐‐going
contact
between
IIC
and
all
parties
concerned
during
and going
contact
between
IIC
and
all
parties
concerned
during
and after the investigation.after the investigation.
••
States and specific Interested parties are given access to draftStates and specific Interested parties are given access to draft
report report for comment.for comment.
••
Any material intended for public release is made available to paAny material intended for public release is made available to parties rties concerned prior to publication. concerned prior to publication.
AIR ACCIDENT INVESTIGATION UNIT
AAIU Process for Victims and Relatives AAIU Process for Victims and Relatives ––
Small Scale EventsSmall Scale Events
••
Public
transport,
accident
with
significant
numbers
of
fatalitiePublic
transport,
accident
with
significant
numbers
of
fatalities
and s
and injuries or high profile .injuries or high profile .
••
RP
separate
from
the
Investigation
is
appointed
as
point
of
contRP
separate
from
the
Investigation
is
appointed
as
point
of
contact act for innocent victims/relatives.for innocent victims/relatives.
••
No
direct
contact
between
the
Investigation
itself
and
the
innocNo
direct
contact
between
the
Investigation
itself
and
the
innocent ent victims/relatives and/or their legal representatives .victims/relatives and/or their legal representatives .
••
RP
liaises
closely
with
the
Investigation
itself
and
the
Police RP
liaises
closely
with
the
Investigation
itself
and
the
Police
Family Family Liaison
Officer Liaison
Officer
––
receives
regular
updates receives
regular
updates
––
details
on
investigative details
on
investigative
process and timelines.process and timelines.
••
Investigation has direct contact with specific interested partieInvestigation has direct contact with specific interested parties such s such as the flight crew and/or their relatives.as the flight crew and/or their relatives.
••
Any material intended for public release is made available to paAny material intended for public release is made available to parties rties concerned prior to publication. concerned prior to publication.
AIR ACCIDENT INVESTIGATION UNIT
AAIU Process for Victims and Relatives AAIU Process for Victims and Relatives ––
Large Scale Events Large Scale Events
AIR ACCIDENT INVESTIGATION UNIT
SA‐227‐BC Metro III, EC‐ITP, Cork Airport, Ireland10 February 2011
AIR ACCIDENT INVESTIGATION UNIT
Made
reference
to
new
situation
with
respect
to
Article
1
of
the Regulation….also
aims
to
improve
the
assistance
to
the
victims
of
air
accidents and their relatives”.
“We
will
be
exercising
the
rights
that
victims
and
families
are
entitled to”…
Identified
that
Article
21(3)
and
Article
15(4):
provides
for
the appointment
of
a
reference
person
for
the
victims
and
families
and
for
the safety investigation authority in charge to inform victims and their relatives or their associations of the following:
(a)
Factual Observations
(b)
Proceedings of the safety investigation
(c)
Preliminary Reports
(d)
Preliminary Conclusions
(e)
Safety Recommendations
AIR ACCIDENT INVESTIGATION UNIT
Legal Firm RepresentationLegal Firm Representation
••
Advised that they were representing passengers.Advised that they were representing passengers.
••
Sought
name
and
contact
details
of
Reference
Person Sought
name
and
contact
details
of
Reference
Person
––
Point
of Point
of Contact.Contact.
••
Sought
to
meet
with
the
Investigation
to
discuss
the
accident
anSought
to
meet
with
the
Investigation
to
discuss
the
accident
and d convey their concerns.convey their concerns.
••
Prior to release of Preliminary Report.Prior to release of Preliminary Report.
AIR ACCIDENT INVESTIGATION UNIT
Legal Firm RepresentationLegal Firm Representation
••
Letter
sent
by
RP
to
families
identifying
Reference
Person/PointLetter
sent
by
RP
to
families
identifying
Reference
Person/Point
of of Contact
and
explained
investigation
process
and
associated Contact
and
explained
investigation
process
and
associated
reporting schedule.reporting schedule.
••
Returned personal effects through Police Liaison Officer.Returned personal effects through Police Liaison Officer.
••
No
further
information
or
communication
made
until
release
of No
further
information
or
communication
made
until
release
of Preliminary Report.Preliminary Report.
••
Preliminary Report Released within 30 days.Preliminary Report Released within 30 days.
••
All families received copy one day prior to publication.All families received copy one day prior to publication.
••
Agreed
to
meeting
between
RP
and
Legal
Firm
following
release
ofAgreed
to
meeting
between
RP
and
Legal
Firm
following
release
of Preliminary Report.Preliminary Report.
••
Interim statement released just before 1Interim statement released just before 1stst
Anniversary.Anniversary.
AIR ACCIDENT INVESTIGATION UNIT
AAIU Initial Assistance/Information providedAAIU Initial Assistance/Information provided……
••
Victims
and
their
relatives
have
an
entitlement
to
justice Victims
and
their
relatives
have
an
entitlement
to
justice
‐‐
to to defend onedefend one’’s reputation and seek compensation.s reputation and seek compensation.
••
Legal process seeks to apportion blame and liability.Legal process seeks to apportion blame and liability.
••
Investigation
process
is
precluded
from
apportioning
blame
or Investigation
process
is
precluded
from
apportioning
blame
or liability.liability.
••
Legal
process
may
seek
to
influence
Investigation
to
benefit Legal
process
may
seek
to
influence
Investigation
to
benefit themselves and their clients.themselves and their clients.
••
Direct contact between legal representatives and Investigation
mDirect contact between legal representatives and Investigation
may ay be
a
conflict
of
interest
and
could
compromise
the
objectives
anbe
a
conflict
of
interest
and
could
compromise
the
objectives
and d
independence of the Investigation.independence of the Investigation.
••
If
associated
legislation
is
not
clear
and
concise,
conflicts
maIf
associated
legislation
is
not
clear
and
concise,
conflicts
may
arise y
arise resulting in increased workload to explain or defend position.resulting in increased workload to explain or defend position.
••
Prolongs the Investigation timelines.Prolongs the Investigation timelines.
AIR ACCIDENT INVESTIGATION UNIT
For considerationFor consideration……
••
Investigation
has
to
differentiate
between
the
needs
of
the Investigation
has
to
differentiate
between
the
needs
of
the victims/relative, be they interested parties or innocent victimvictims/relative, be they interested parties or innocent victims.s.
••
Victims/relatives
need
to
be
informed
of
the
Investigation
proceVictims/relatives
need
to
be
informed
of
the
Investigation
process
and ss
and made aware of timelines associated with the Investigation.made aware of timelines associated with the Investigation.
••
Victims/relatives
should
be
given
access
to
Preliminary/Interim/Victims/relatives
should
be
given
access
to
Preliminary/Interim/Final Final Report prior to formal publication.Report prior to formal publication.
••
Victims/relatives
should
not
have
access
to
Draft
Report
or
SafeVictims/relatives
should
not
have
access
to
Draft
Report
or
Safety ty Recommendations
prior
to
formal
release,
unless
a
particular
indRecommendations
prior
to
formal
release,
unless
a
particular
individual ividual
or entity has been adversely commented on.or entity has been adversely commented on.
••
In major accidents, victims/relatives should not have direct accIn major accidents, victims/relatives should not have direct access to the ess to the IIC or persons directly associated with the Investigation.IIC or persons directly associated with the Investigation.
AIR ACCIDENT INVESTIGATION UNIT
Our experience…
The increased legal interest in the accident investigation proceThe increased legal interest in the accident investigation process may ss may be linked to the fact that the legal entity considers that the obe linked to the fact that the legal entity considers that the outcome of utcome of the Final published Report can:the Final published Report can:
Assist in any future legal proceedings taken by or against theirAssist in any future legal proceedings taken by or against their
client.client.
oror
Be a negative influence in any future legal proceedings taken bBe a negative influence in any future legal proceedings taken by or y or against their client.against their client.
If the safety investigation authorities Final published Report wIf the safety investigation authorities Final published Report was as deemed inadmissible in Civil Court by legislationdeemed inadmissible in Civil Court by legislation
‘‘WOULD THEY STILL HAVE THE SAME INTEREST??WOULD THEY STILL HAVE THE SAME INTEREST??’’
AIR ACCIDENT INVESTIGATION UNIT
Just a final thoughtJust a final thought…………..
Thank YouThank You
AIR ACCIDENT INVESTIGATION UNIT
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