37TH ANNUAL CONFERENCE, Toulouse, France, 30 March – 3 April 1998WP No. 155-5Review of Existing IFATCA Policies (Legal) |
Editor’s Note: As this particular WP reviewed several areas of IFATCA Legal Policy, only that part which refers to the actual Policy described here is shown.
Introduction
The review of Existing IFATCA Policies (Legal) continues on the work Programme of SC7. Presently, IFATCA Policies relating to Legal Matters can be found in the IFATCA Manual pages 4401-4441 and IFATCA Policy Documents are on pages 44-A1 and 44-B1.
IFATCA’s Legal Policy comprises of the following sections:
1.3.1. Legal liability of the Controller
1.3.2. Accident and Incident Investigation
1.3.3. Legal Assistance
1.3.4. Unlawful Interference with Civil Aviation and its Facilities
Additionally there are attachments to sections 1.3.2. and 1.3.4.:
1.3.2. IFATCA Policy Document on Accident and Incident Investigation
1.3.4. IFATCA Policy Document on Unlawful Interference with Civil Aviation and its Facilities
Discussion
Last year this Committee came to the following conclusions:
There was room for more work to be done especially in the areas of the Legal Liability of the Controller and Legal Assistance.
WP’s which were adopted as Guidance Material at past Conferences should be included in the IFATCA Manual since they hold a status similar to IFATCA Policy.
That more background information with regards to certain Professional Policies needed to be gathered and placed in a Professional Manual so as to ensure its ease of accessibility.
Legal Assistance:
For purposes of clarity it is suggested that the following paragraphs be altered (all changes/insertions have been underlined):
Paragraph 3.2.1. should be altered to now read:
“When incidents/accidents invoking ATCOs are brought before an investigation board or court of law, IFATCA shall endeavour to provide legal assistance, if so requested in a timely manner by the concerned MA”
In order for the Federation to effectively act upon a request for assistance made by a concerned MA, the request itself must occur within a reasonable time frame. The provision of an up to date list will serve the purpose of ensuring that the information presented to the Executive Board and the chairman SC7 is current.
Conclusion
It is believed that the suggested amendments mentioned above will assist in clarifying issues related to the legal liability of the Controller and legal assistance for IFATCA’s MAs. Some of these amendments will also ensure that the acquiring of relevant information will be better facilitated.
Last Update: September 28, 2020