Two parallel investigations take place after every aviation accident: one technical, one judicial. The former must be conducted with the sole intention of making safety recommendations to prevent the recurrence of similar accidents. The judicial investigation, however, has the intention of identifying those parties that have been at fault and to apportion blameworthiness for criminal and civil liability. Consequently, this results in a predicament for those parties that have been identified as having played a role in the accident, a dilemma between not supplying information aimed at enhancing safety and preventing future accidents and, on the other hand, supplying such information which may possibly be used against them in subsequent criminal prosecution. The situation is compounded by inconsistent approaches between different legal systems; aviation professionals may find themselves faced with criminal charges in one country but not in another, and they may also be unsure as to whether statements given during the technical investigation could be used against them in a court of law. Aviation safety is, to a large extent, built upon the trust placed by pilots, ATCOs and other aviation professionals in the process of accident investigation. This book examines the growing trend to criminalize these same people following an accident investigation and considers the implications this has for aviation safety.

Two parallel investigations take place after every aviation accident: one technical, one judicial. The former must be conducted with the sole intention of making safety recommendations to prevent the recurrence of similar accidents. The judicial investigation, however, has the intention of identifying those parties that have been at fault and to apportion blameworthiness for criminal and civil liability. Consequently, this results in a predicament for those parties that have been identified as having played a role in the accident, a dilemma between not supplying information aimed at enhancing safety and preventing future accidents and, on the other hand, supplying such information which may possibly be used against them in subsequent criminal prosecution. The situation is compounded by inconsistent approaches between different legal systems; aviation professionals may find themselves faced with criminal charges in one country but not in another, and they may also be unsure as to whether statements given during the technical investigation could be used against them in a court of law. Aviation safety is, to a large extent, built upon the trust placed by pilots, ATCOs and other aviation professionals in the process of accident investigation. This book examines the growing trend to criminalize these same people following an accident investigation and considers the implications this has for aviation safety.

This book concerns the subject of illegal charters. The risks associated with illegal charters are high, and the consequences are dire and different for all the parties involved. Pilots can lose their hard-earned licenses, aircraft owners might not get paid by the insurance companies, businesses might be prosecuted and fined, customers do not get what they paid for. The worst consequence of an illegal charter is that someone gets hurt or killed. The tragic part in reading about a flight accident is the understanding that an illegal charter could have been avoided. The present book aims to fulfil the industry’s call for greater awareness, education, and transparency. It will systematically and thoroughly investigate the application of law in a practical context of illegal charters. It engages in a comprehensive comparative study across various jurisdictions, such as the USA, Europe, Russia, Asia and the Middle East. This text considers whether the elements evidencing state practice in regulation of illegal charters are peculiar to the region and legal system. It examines how illegal charters can be prevented and undertakes the analysis of risks and consequences of illegal charters. This is an important book that is likely to have a significant impact on existing scholarship regarding international and national aviation law and be of interest of all parties involved in aviation. This includes industry professionals, legal practitioners, academics, policy-makers, and government officials.

This book provides expert analysis of the application of the evolving law in Corporate Manslaughter as it relates to the Maritime and Aviation industries. It will prove to be a useful tool for practitioners and students in this specialised area, as well as those working in the maritime and aviation industries, such as those who will be accountable under the Corporate Manslaughter Act 2007; the Masters and Pilots who manage the risks; and the insurers who underwrite the cost of the risks. The author will discuss areas such as: The liability towards passengers and employees The Prosecution of offenders Comparative analysis of corporate manslaughter in the wider, global industry

International Aviation Law: A Practical Guide explains the international context and application of the law as it applies to commercial and recreational aviation, and to the broader aviation environment. It provides a comprehensive introduction to all aspects of aviation law, from criminal law to contract law, to the legal duties and responsibility of aircrew and other aviation personnel including airport operators, air traffic controllers and aircraft engineers. Each area of the law is clearly explained in accessible language and supported with practical case studies to illustrate the application of the law within an operational aviation context. It also provides advice on how to avoid or minimize legal liability for those working in the aviation industry. Thoroughly revised and updated throughout, this second edition adds new material on subjects such as unmanned aircraft systems, ASEAN’s Single Aviation Market, common rules on compensation and assistance to passengers, and a discussion on the impact of Brexit to the UK’s aviation market and legal status.

The investigation behind the investigation. The story of the real causes of the crash of Flight 447.