Avionics News March 2021 - 41

or civil penalties. These individuals may also be subject to civil
Gol Air B737, in which 154 people died, is perhaps one of the
litigation in U.S. courts, where a jury could award monetary
most chilling examples of criminalization of aviation accidents.
damages against the offender.
The two Legacy 600 pilots - American citizens - were detained
Criminalization of aviation accidents seems far away,
in Brazil for two months, indicted on six charges and eventually
something thankfully unlikely to occur in the U.S. Aviation
convicted of one: failing to notice a cockpit indication.
professionals and even company executives, however, can
An independent investigation by the U.S. National
be found criminally liable for accidents occurring in the U.S.
Transportation Safety Board found " the loss of effective air
involving intentionally wrongful acts, falsification of records,
traffic control was not the result of a single error, but of a
drug- or alcohol-related accidents and some other actions.
combination of numerous individual and institutional (air traffic
Suspected unapproved parts is an aviation activity historically
control) factors that reflected systemic shortcomings in emphasis
tied to criminalization, even in the U.S. The act of reselling
on positive air traffic control concepts. "
unapproved or used parts is typically an intentional act that can
Nonetheless, a Brazilian court sentenced the U.S. pilots to
result in fraud charges. When these parts
52 months in prison before their terms
are used overseas and involved in an
were commuted to community service,
accident, the individual responsible for
served in the U.S.
FOR
AIRCRAFT
the intentional fraudulent act might find
" In the U.S., we have a strong
themselves at risk of prosecution for more
distinction between criminal law and
ELECTRONICS
than fraud and subject to penalties harsher
civil law, " said Paul Lange of Law
ASSOCIATION
than those imagined in the U.S.
Offices of Paul A. Lange LLC, which
MEMBERS
The 2005 Platinum Jet Management
specializes in aviation matters. " That is
LLC accident, in which a Challenger 600
not always the case in other countries
CONDUCTING
crashed on takeoff at Teterboro Airport,
where the default investigating body may
BUSINESS IN
was investigated by the Federal Bureau of
be criminal authorities or where criminal
OTHER
COUNTRIES,
Investigation and prosecuted by the U.S.
authorities are the decision-makers.
POLICIES
Attorney's Office Criminal Division. In
" In the U.S., investigations of
this case, Platinum Jet was " piggybacking "
aviation accidents default to whether
REGARDING
(i.e., renting out) Darby Aviation's Part
negligence of some sort occurred. It
CRIMINALIZATION
135 certificate. While the FAA and NTSB
is only if evidence surfaces raising
OF ACCIDENTS
investigations focused on piggybacking of
questions of criminal intent that criminal
the Part 135 certificate, lack of operational
authorities become involved. Other
control, and lack of regulatory oversight,
countries' legal systems don't always
the criminal investigation focused on
draw the distinction between civil and
falsification of records and a fuel-tankering
criminal the we enjoy in the U.S., and
scheme that resulted in overages of weight and balance
the lead investigator in countries outside the U.S. can easily, by
limitations. A pilot, company owners, and others involved in the
law, be the local prosecutor. "
scheme received sentences ranging from six months of home
The International Civil Aviation Organization, the Flight
confinement to prison sentences.
Safety Foundation and the International Business Aviation
But these examples of criminalizing accident
Council are staunchly opposed to the criminalization of
investigations involve willful, intentional nefarious acts.
aviation accidents, except in cases of intentional nefarious
In many countries, no intent is necessary to bring about a
acts, recklessness/gross negligence or drug- or alcohol-related
criminal investigation or penalties.
events.
When an accident occurs in a country that criminalizes
ICAO Annex 13 states, " The sole purpose of the
aviation accidents after receiving aircraft maintenance in the
investigation of an accident shall be the prevention of
U.S., is there a risk that a U.S. mechanic or repair station
accidents and incidents. It is not the purpose of this activity to
executive could face criminal charges outside the U.S.? Yes, that
apportion blame or liability. "
is always a possibility. Is indictment, conviction, extradition and
This doesn't mean individuals involved in an aviation accident
imprisonment likely? No.
in the U.S. will not face penalties. While the general philosophy
" Risk is a continuum, " Lange said. " It's important to be aware
of the Federal Aviation Administration and other agencies is
of your risk but impossible to eliminate it completely, especially
to follow " just culture " concepts that seek to improve safety
if you service aircraft operating in countries whose legal systems
by learning lessons from previous errors, individuals found
differ widely from those you may be used to in the U.S. " q
responsible for certain acts can be subject to certificate actions

VARY WIDELY.

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Avionics News March 2021

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