LM 7.2.3 RIGHT OF REPRESENTATION

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LM 7.2.3 RIGHT OF REPRESENTATION

 

IFATCA Policy is:

Controllers shall have the right to be accompanied by a representative of their choice at any hearing, inquiry or investigation into any Air Traffic Control incident or accident.

Controllers should make no written statements without the advice of a legal representative of their choice, even at pre-investigation board stages.

The circumstances prompting the investigation, and the perceived operational situation immediately prior to the alleged incident / accident, shall be made available to controllers and their representative(s) prior to any questions being put to them.

When an Investigation Board is convened, it shall be confidential and non-disciplinary in nature. The Board should be comprised of individuals who have operational experience in Air Traffic Control.

Controllers and their representative(s) have the right to make representations and direct questions to the officials in charge of the investigation.

MAs shall inform their members that any statement made in an accident or incident investigation could also be used by prosecutors in legal proceedings.

Controllers and their representative(s) have the right, prior to appearing before any investigative Board, to review all relevant video and audio recordings and computer readouts of air traffic control operations where available. In addition, controllers and their representative(s) shall be provided with copies of transcripts of all relevant audio recordings prior to appearing before any Investigative Board.


See: WP 156 – Kathmandu 2012, WP 159 – Istanbul 2007, WPs. – Nairobi 1987, WP C.9. – Acapulco 1990, Resolution C22 – WP 77 – Virtual 2022

 

Last Update: August 11, 2022  

November 3, 2019   574   Jean-Francois Lepage    LM    

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