Posts about: "ICAO" [Posts: 42 Page: 3 of 3]¶

The process "to investigate and unveil" the key facts about simultaneous use of Route 4 during RWY 33 arrivals and RWY 15 departures will more likely be the NTSB investigation and not the pre-trial discovery activities, pre-trial motions, and trial in the lawsuit. The object of the lawsuit, despite what my esteemed colleagues in the legal profession may insist, is not "getting to the truth" or "learn[ing] the real lessons of this accident." (In the first season of the t.v. series N.Y.P.D. Blue (circa late 1993 early '94), one of New York City's Finest was charged with homicide. In a talk with her big-time defense attorney, he reminded her that a "trial" and "the truth" have about as much to do with one another as a "hot dog" and a "warm puppy.")

Unless all the possible plaintiffs intend to proceed with the same lawyers who already have filed a Complaint in federal court, other complaints with perhaps different approaches to the facts and the law are to be expected. But at this time, I think there's pretty strong reason to understand the Complaint which was filed as pitching the ATCO and one or more of the helicopter pilots directly toward a large Greyhound. If, after finding time (and attitude) sufficient to read every single word on every single page of the Complaint very closely, I realize that plaintiffs' counsel have not done so in the current Complaint, I'll frame some correcting post.

As a somewhat related point, and without intending to be a flame-thrower, what about the airline pilots in this matter? Imagine being one of their immediate family. The passengers and cabin crew will be part of the overall group of plaintiffs. With the allegations in the current Complaint, the pilots are being alleged to have operated the flight negligently - is this not a fair and accurate reading of the Complaint? But if this accident was caused - in the sense of the actual realities of flight operations and airspace and all the other actual aviating facts - by the airspace design and operation, and the wrong time and place flight of the helicopter - why aren't the families of the pilots entitled to their day in court as well? And I don't mean day in court just to defend their actions against allegations as in the Complaint, I mean in claims against the FAA and possibly the Army....... oh sure, sue the United States? I'm guessing the airline corporate entities which are defendants probably would not think that would be a good idea. And neither would airline industry trade groups - but maybe this is something for former New Hampshire Governor Chris Sununu to tackle in his new role as CEO of Airlines4America. Something that seems to be part of this is that the airline corporate entities are well-insured. But what good does that do for the families of the two pilots? - answer, it doesn't do any good for them, other than a probable off-ramp for the entire case at some point down the litigation timeline. And still without the families of the two pilots having their day in court to claim rights and remedies against the real causal agents of the accident. End of rant. For now anyway. (See perhaps Rule 24 of the Federal Rules of Civil Procedure, re: permissive intervention)

If I undestand correctly, Uberlingen bring changes in terms of accountability and responsibility not alone SMS. That case brings us that managers/ owners of bussiness can not be non accountable.
And I asked if it was accepted by all ICAO states including biggest ( Russians, USA etc). Of course. They accepted it? Yes, russians children died at that accidents. And no owners of bussiness were ever prosecuted.

That is the reason, why at some aviation providers managers are accountable for accidents not only legally but financially.
It is not unheard that financial accountability for medium level managers is 600 000\x80 - if legal process proves their mistake or misjudgement.
For that amount money, overall risk is reduced, ( yes I know that is small amount but....) and one by one- total cost are down - that push forward bussiness..
Interesting or not, some systems do not have so strict definied amount- but there is no managerial promotion , regardless of knowledge and ability, if candidate for manager has no real estate owned on his name. Less legal- but quitte effective.