Kenneth Quinn, General Counsel and Secretary of Flight Safety Foundation
- Safety reporting programs in the aviation industry collect more data than ever before to develop predictive safety information and mitigation strategies, but this data is increasingly being turned over for use in criminal prosecutions and civil liability cases. - Individuals and organizations may be reluctant to participate in voluntary safety reporting programs or conduct internal investigations for fear that any information provided could be used against them in court. This "chilling effect" hampers investigators' ability to determine the root causes of accidents. - Stronger legal protections are needed to prevent voluntarily submitted safety information from being discoverable or admissible as evidence in criminal and civil proceedings, in order to maintain a "blame free" culture and continue improving aviation safety.
![Safety Information: Cooperation between Aviation and Judicial Authorities Kenneth P. Quinn General Counsel & Secretary Partner Flight Safety Foundation Pillsbury Alexandria, VA Washington, DC www.flightsafety.org 202.663.8988 (office) 202.468.1056 (cell) [email_address] ICAO/COPAC Madrid March 24-25, 2011](https://image.slidesharecdn.com/kenneth-quinn-110328083334-phpapp02/85/Kenneth-Quinn-General-Counsel-and-Secretary-of-Flight-Safety-Foundation-1-320.jpg)
![Balancing Safety with the Administration of Justice ,[object Object],[object Object],[object Object],[object Object]](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
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Kenneth Quinn, General Counsel and Secretary of Flight Safety Foundation
- 1. Safety Information: Cooperation between Aviation and Judicial Authorities Kenneth P. Quinn General Counsel & Secretary Partner Flight Safety Foundation Pillsbury Alexandria, VA Washington, DC www.flightsafety.org 202.663.8988 (office) 202.468.1056 (cell) [email_address] ICAO/COPAC Madrid March 24-25, 2011
- 4. Accident Rates Are Leveling Off
- 17. Discussion Kenneth P. Quinn [email_address] (202) 663-8898 office (202) 468-1056 cell
Editor's Notes
- Brazilian federal prosecutor Thiago Lemos de Andrade indicted Brazilian air traffic controller Jomarcelo Fernandes dos Santos for intentional criminal conduct that led to the September 29, 2006 air collision between a Legacy business jet and a GOL commercial airliner. (All 154 persons aboard the GOL flight perished, making this the worst aviation accident in Brazilian history.) The prosecutor made this request to federal judge Murilo Mendes in Sinop, Mato Grosso, the capital of the state in which the accident took place, on May 25. The recommendation came as a surprise to observers as the Federal Police report submitted to the prosecutor, after a seven-month investigation, did not recommend action against controllers, claiming that as they were in the military they were beyond civilian purview.3. (U) The prosecutor also recommended indictments of three other controllers and the two U.S. citizen Legacy pilots, Joseph Lepore and Jan Paladino, for unintentional criminal conduct. In the pilots' case, this was for involuntary manslaughter and exposing an aircraft to danger. The prosecutor claimed the pilots accidentally turned off their transponder, disabling both airplanes' collision avoidance systems and limiting air traffic controllers' ability to confirm the Legacy's altitude.