I agree. Which authority investigates gliding accidents in the UK? - Answer: the AAIB. Where do the BGA accident reports come from? - Answer: the Department of Transport. Does the SSA investigate accidents and make the reports available? - No...the NTSB does. What about Canada, France, Germany? - again it is not the national body but the government agency. Who investigates gliding accidents in Australia? Answer: the State Coroner or club CFI. Are Coroners reports available online...apparently only in South Australia. Are CFI's covered by professional indemnity insurance or have the same protection as the ATSB? No.
It is the ATSB's legislated responsibility to undertake aviation accident investigation in Australia yet it chooses to ignore sporting aviation on the grounds that it believes there are no new lessons to be learned. If you really want reports made available, you should direct your complaints to your Government representative to have the ATSB change its policies. -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of J Hudson Sent: Tuesday, 20 December 2005 9:13 PM To: Discussion of issues relating to Soaring in Australia. Subject: Re: [Aus-soaring] GFA's role Seems to me most commentators here either overlook (or are ignorant) of the various aspects of liability. Bitter personal experience drive me to suggest some caution in respect of the current discussion. The legal profession invented LEGAL PROFESSIONAL PRIVILEGE (LPP) to protect clients from incrimination and "dobbing themselves in". I can only imagine a published accident report which either prevented or minimised any exacerbation of the liability situation in a given circumstance. Remember, it might only be a passenger who was frightened by an incident. The Report - The Pilot was trained. - He/she was current. (in whose view ?). - in the glider being flown - in the launch method used - The takeoff was normal. - The flight was normal - The landing was not completed successfully. - Both the passenger and the pilot were seriously injured. Tells you a lot doesnt it.? Maybe there is some security (for some) in knowing this. At the end of the day, in the legalistic world in which we live, there is no escaping liability. If someone (individual, family, spouce, offspring, Lawyer, Insurance Company etc etc) indentifies an avenue to direct some (or all) liability and to seek and obtain compensation, rest assured they will pursue it - regardless of how insignificant the event / incident or sought compensation may seem. An innocent "all encompassing" incident or accident report - aimed at letting other innocent pilots, would be pilots etc know what happened - may be all that is required to destroy an individual, a Club etc etc. While the Bush Lawyers sit back and snipe, its undersatndable why GFA dont want to publish such reports - nor do most (all ??) Clubs, Commercial Gliding Organisations etc etc. Certainly near misses and minor incidents can be (and should be reported, within Clubs, State Organisations and GFA), as an understanding of these incidents can be used to prevent more serious incidents (heard of the ice-berg analgy, the tip is the serious incidents, there's lots of minor incidents (under the water and not seen) that culminate in a serious incident). I recommend that if you, as an individual or an organisation, are considering publishing a "warts and all" accident report (as appears is being sought), that you seek legal advice from a recognised legal practitioner (not some Bush Lawyer) before you publish the innocent fruits of you labour. It wil be $ well spent. John Hudson _______________________________________________ Aus-soaring mailing list [email protected] To check or change subscription details, visit: http://lists.internode.on.net/mailman/listinfo/aus-soaring _______________________________________________ Aus-soaring mailing list [email protected] To check or change subscription details, visit: http://lists.internode.on.net/mailman/listinfo/aus-soaring
