home *** CD-ROM | disk | FTP | other *** search
- In Le Monde for Wednesday Jan 20th p15, there are two articles on the Air
- Inter crash. One states that the company president, M. Jean-Cyril Spinetta,
- has demanded that he be indicted on the same charges as his safety officer,
- M. Jacques Rantet. It seems also that the prosecution is trying to blame
- everything on the lack of a GPWS (specifically M. Rene' Pech, the public
- prosecutor of the Re'publique de Colmar, where the case will be tried).
- The second is a review and commentary by Alain Faujas.
-
- Blaming everything on the lack of a GPWS is an anticipable legal tactic, since
- that is what the Air Inter executives are being tried on. But it's hard to
- see how it would stand up for two minutes in a US court. The NTSB would only
- be able to call it a `contributory factor', since the agreed cause is
- controlled flight into terrain (CFIT), and when all instruments are working
- correctly, the only possible proximate cause of CFIT can be pilot error,
- according to the `standard' classification (which has been questioned in these
- columns, correctly in my view). I suspect a US court would therefore be bound
- to conclude pilot error.
-
- Further, since French law doesn't require the GPWS for internal flights, and
- there is as yet no question that the airline was operating in accordance with
- regulation, it's a mystery to me how the executives could be *criminally*
- liable for any of this. But I don't claim to understand French law, or the
- notions of responsibility enshrined therein.
-
- A further little legal puzzle. Air Inter has since been required to install
- GPWS. The article says that the transport minster at the time of the
- accident, M. Paul Quile`s, instructed them to do so. But they didn't change
- the law.
-
- Does all this mean that flying without GPWS is legal, but people will try to
- throw you in jail if you do?
-
- I perceive similarities between the technical aspects of the case, and
- those of the Viper case (which Devlin commented was an attempt to ask judges
- to decide what is a mathematical proof). It's a little harder to put it in
- writing. It's something like:
-
- human factors engineering + software safety questions + system design
- questions + lack of established engineering practice or terminology + humans
- in the loop ----> go to court to try to blame someone.
-
- If this is to become the system engineering process model of the 90s, it's
- going to put the field back 20 years.
-
- Peter Ladkin
-
- P.S. What on earth is the appropriate word for `anticipable'?
-
-