[Peetwo]

Why start now?

From the MH370 'Less Noise' thread - HERE - I highlighted a quote from the Malaysian Transport Minister:

Liow said that Malaysia wants to be -"transparent and accountable in our investigation as much as possible, that is why we want (the parts) to be verified in Australia.." 

Not sure about the true veracity of that statement but while Liow is in such a forthcoming mood in the interests of being 'transparent & accountable', perhaps a year on he could consider my opinion comment I made at the bottom of the following post:

Following on from my last post I read a most disturbing story that Nural Izzah has been arrested for sedition on speaking out about her Father's incarceration on what would appear to be trumped up, bogus charges of sodomy. This leaves many commentators suggesting that Malaysia is drifting towards authoritarianism - Malaysia’s Creeping Authoritarianism  

Kind of makes our woes & disillusionment in a disinterested, disassociated government and overruling bureaucracy seem kind of minor in comparison..   However the calls from Nural Izzah for proper oversight and transparency in the government aviation safety agencies has a fairly familiar ring to it, here was where she backed up those calls in October last year:

Izzah demands audit reports on air traffic safety


October 27, 2014

She reminds the Transport Minister that she raised the issue of aviation safety before MH370 went missing.

[/url]PETALING JAYA: Lembah Pantai MP

Nurul Izzah Anwar has asked the Transport Ministry to release the results of audits on Malaysia’s air traffic safety systems by the International Civil Aviation Organisation (ICAO).

In a press release commenting on Transport Minister Liow Tiong Lai’s statement about next week’s ICAO meeting in Canada, she expressed “full support” for Liow’s “desire to improve the safety of flights worldwide”. But she said the Malaysian public was “expecting improvement in safety measures on the home front” as well.

She reminded Liow that she had raised the issue of air traffic safety twice, more than a year before Flight MH370 went missing last March 8. The first time she did so was in July 2012 and the second time in September 2012 following a two-hour breakdown of Subang Airport’s radar system.

“I demanded then for Malaysia’s air traffic system to be audited by the ICAO,” she said. “The last ICAO audit had taken place in 2005.”
She noted a statement that Acting Transport Minister Hishammuddin Hussein made after the MH370 disappearance, in which he claimed to have ordered the Director of Civil Aviation to hold discussions on air traffic safety with stakeholders.

“Hishamuddin also claimed then that ICAO will run a safety audit on KLIA2,” she added. “However, the scope of this audit is as of yet unknown. If these audits have been completed, I ask that the Transport Minister reveal the findings and make steps towards improving the safety of our airspace.

“As per the preliminary report of the MH370 incident, recordings from the military radar showed the possibility of an aircraft similar to MH370 flying west across Peninsular Malaysia. However, questions arising from an unidentified aircraft flying into Malaysian airspace and our corresponding actions have yet to be answered.

“As I have pointed out before, this matter should not be taken lightly as it involves the safety of travelling individuals as well as threats to the national security. It bears reminding that the September 11 attacks in America were performed using commercial jetliners.”

    
With the release of the recent MH370 1st yr interim report there is now further documented evidence of extreme incompetence in the crucial early SAR phases of MH370 - see Christine Negroni's blogpiece [url=http://christinenegroni.blogspot.jp/2015/03/mh-370-report-on-night-of-errors-raises.html]here for a scathing summary of the crucial errors by the Malaysian authorities - with further calls from other Malay MPs for action: 

We had half an hour to respond but we did nothing – Julian Tan, Steven Sim

Published: 16 March 2015 2:37 PM

First of all, we want to welcome the Ministry of Transport Interim Report on MH370.
The report however, reinforces our call for greater accountability and transparency on the tragedy.

From 1.21 am when MH370 was believed to have taken a u-turn (Air Turn Back) off north-west of Kota Baru in the South China Sea to cross Peninsula Malaysia until it reached south of Penang at around 1.52am, more than half an hour passed.
 
Within 1.21am to 1.52am, a full 31 minutes, MH370 on a rogue flight path was within our radars, both civil and military! We do not want to speculate, but if actions were taken within that considerably long timeframe it re-crossed Peninsula Malaysia, perhaps we will have a lot more answers today.

It must also be noted that at around 1.39am, Ho Chih Min Air Traffic Centre (HCM ATCC) contacted KL ATCC to inform that no communication was established with MH370 a full 20 minutes after it was supposed to communicate with the plane. At this time, MH370 was estimated to have just re-entered Peninsula Malaysia flying through Kota Baru.

This means, authorities in Malaysia were alerted of a potential crisis on the one hand and the crisis was taking place within our radars on the other hand, and yet, no emergency response was initiated.

One minute is a long time in aviation. Every minute, a plane can have a rate of descent of up to 8,000 feet.

Everyone was furious to read that the KL ATCC supervisor was asleep and had to be woken up by his subordinate at 5.20 am. But the sad truth is, many more people were sleeping, whether their eyes were shut or not, on that fateful day. No one felt it fit to respond to a rogue plane flying for over half an hour across the airspace we control, and even though we were alerted of the crisis by Vietnam!

Breach of Malaysia-Vietnam Operational Agreement

The Interim Report cited the Operational Letter of Agreement between DCA Malaysia and the Vietnam Air Traffic Management which stipulated that “the accepting unit shall notify the transferring unit if two-way communication is not established within five (5) minutes of the estimated time over the TCP (Transfer of Control Point)”

The TCP occured at about 1.19am. However, despite the lost of communication, only at about 1.39am did Ho Chih Min Air Traffic Control Centre (HCM ATCC) contact KL ATCC for the whereabouts of MH370.

Did Ho Chih Min breach this important agreement through its failure to comply with the five minutes timeframe and instead waited until 20 minutes before alerting KL? The communication lodge between HMC ATCC and the KL HTCC even recorded the latter questioning  the former on this five (5) minutes rule.

Once again, one minute is a long time in aviation.

Delay in DETRESFA message

The last communication between KL ATCC and MH370 was at 1.19 am. When the next contact did not happen, a distress message should have been triggered within roughly an hour later. However, the first distress message was released 5 hours and 13 minutes later at 6.32am.
According to the Manual of Air Traffic Services,
“when an aircraft fails to make a position report when it is expected, commence actions not later than the ETA for the reporting point plus 3 minutes and,
(a) the following actions shall be taken:
.
(ii) Notify the RCC that Uncertainty Phase exist...
(b) full overdue action: not later than 30 minutes after the declaration of the Uncertainty Phase:
(i) Notify the RCC that Alert Phase exists
(ii) notify the RCC that Distress Phase exists if:
– 1 hour has elapsed beyond the last ETA for the destination; or
–  the fuel is considered exhausted; or
– 1 hour has elapsed since the declaration of Uncertainty Phase

In other words, within 3 minutes after 1.19am, the Uncertainty Phase must be declared, triggering all on high alert and by around 2.22am, the Distress Phase should have been declared.

However, no one took any action until 6.32am. Anything could have happened in between.

What’s next after the Interim Report?

The Interim Report alone is obviously not enough to do justice to the victims of the tragedy and their families, as well as to regain the confidence to the aviation industry. The Report highlighted shortcomings, non-compliances and weaknesses of our national airline, our aviation authorities and our military.

What actions are taken to ensure that shortcomings and weaknesses are rectified?
Where is the post mortem report from the military?
Where is the result of police investigation?

The Prime Minister must give a full account on these questions before the end of this Parliamentary sitting. He must emulate his Australian counterpart, Tony Abbot who moved a motion to debate MH370 on March 5, 2015 in the Australian Parliament and gave Opposition Leader equal time to the Prime Minister to debate the said motion. – March 16, 2015.

[i]Note:
Uncertainty phase (INCERFA): a situation wherein uncertainty exists as to the safety of an aircraft and its occupants.[/i]
Alert phase (ALERFA): A situation wherein uncertainty exists as to the safety of an aircraft and its occupants.
Distress phase (DETRESA): A situation wherein there is a reasonable certainty that an aircraft and its occupants are threatened by grave and imminent danger and require immediate assistance.

*Julian Tan Kok Ping is the MP for Stampin, and Steven Sim Chee Keong is the MP for Bukit Mertajam.
- See more at: http://www.themalaysianinsider.com/sidev...HNjJ2.dpuf

  
 These Malay pollies seem very well briefed and have an above average understanding of the major issues involved in regards to the MH370 disappearance and its greater implications to aviation safety in their country.

What I find passing strange is if these MPs can identify these significant safety issues why then doesn't the JIT promulgate safety recommendations to address these issues? It is quite obvious that even with the proactive action so far on the Preliminary report SR...

"....It is recommended that the International Civil Aviation Organisation examine the safety benefits of introducing a standard for real time tracking of commercial air transport aircraft..."

 ...that in the case of the Malaysian ATC/SAR authorities it may have made little difference to the bizarre disappearance of MH370, such was the level of incompetence on display that fateful morning March 8th 2014.

Excerpt from Interim report statement:

8. The Investigation Team is now conducting analysis of the factual information

and is considering the following areas:

8.1 Airworthiness & Maintenance and Aircraft Systems;
8.2 ATC operations from 1719 to 2232 UTC on 7th March 2014 [0119 to
0632 MYT on 8th March 2014];
8.3 Cargo consignment;
8.4 Crew Profile;
8.5 Diversion from Filed Flight Plan route;
8.6 Organisational and Management Information of DCA and MAS; and
8.7 Satellite Communications (SATCOM).

9. Along with these activities, the Investigation Team has also prepared Standard
Operating Procedures (SOP) and Checklists for investigation in accordance
with Doc. 9756 AN965 in preparation for the recovery of the aircraft, once it is
located by the search team.

10. In the months ahead, the Investigation Team will need to analyse to draw

conclusions and safety recommendations based on the factual information that

have been gathered. In addition to the analysis and the conclusion phase of the

investigation, steps taken will also include further validation of the factual

information on emergence of new evidence.

11. The Investigation Team expects that further factual information will be available
from the wreckage and flight recorders if the aircraft is found.

Issued by:

The Malaysian ICAO Annex 13 Safety Investigation Team for MH370

8th March 2015

     
ICAO Annex 13 Ch 6 para 6.6 states...

"..6.6 If the report cannot be made publicly available within twelve months, the State conducting the investigation shall
make an interim statement publicly available on each anniversary of the occurrence, detailing the progress of the investigation
and any safety issues raised..."

and under Safety Recommendations:

6.8 At any stage of the investigation of an accident or incident, the accident or incident investigation authority of the State
conducting the investigation shall recommend in a dated transmittal correspondence to the appropriate authorities, including
those in other States, any preventive action that it considers necessary to be taken promptly to enhance aviation safety.
Note.— Precedence for the issuance of safety recommendations from an accident or incident investigation should be given to the State conducting the investigation; however, in the interest of safety, other States participating in the investigation may issue safety recommendations after coordinating with the State conducting the investigation.

6.9 A State conducting investigations of accidents or incidents shall address, when appropriate, any safety recommendations arising out of its investigations in a dated transmittal correspondence to the accident investigation authorities of other State(s) concerned and, when ICAO documents are involved, to ICAO.
Note.— When Final Reports contain safety recommendations addressed to ICAO, because ICAO documents are involved,
these reports must be accompanied by a letter outlining the specific action proposed.

Maybe there is some informal arrangement within the JIT to allow the Malaysians time to act on the identified organisational safety issues highlighted in the interim report?? Maybe the ICAO safety audit of KLIA2 has occurred and the KL government is now acting on those findings? However..maybe not?

IMHO: In the interest of transparency - & safety risk mitigation of the travelling public transiting that neck of the woods - other members of the JIT please consider the para 6.8 note and issue a SR calling for the ICAO safety audit findings and all proposed safety actions to be made public..  

  

So if indeed the audit occurred (?), could Liow please provide the ICAO safety audit findings?

If it hasn't occurred could either the JIT accredited reps please issue a SR to address the ineptitude & deficiencies of the Malaysian managed airspace; or could ICAO instigate an urgent audit of the Malaysian ATC system ASAP??  

Further to the above the following was by NURUL IZZAH ANWAR in April 2015, courtesy of Malaysiakini:

MP SPEAKS In a busy-bulldozing-of-bills' week, the Malaysian government managed to get legislative approval allowing for the setup of Malaysia’s Aviation Commission.

The bill, 95 pages in total, saw less than three hours of debate yet would cost the Malaysian taxpayer a total of RM90 million as initial seed funding.



This amount is all the more alarming when contrasted with the six thousand current MAS employees who will face the sack under the approved restructuring plan of the said company.

Granted, all quarters agree with the need to salvage MAS’ financial losses - but the government’s move to spend through various new agencies and commissions without much detailing on its effectiveness and fruitful impact smacks of extreme irresponsibility.
Malaysia’s aviation history has been badly marked by the many tragedies affecting MAS:

• lost MAS plane MH370, shot-down MAS plane MH17;
  
• incompetence of the Department of Civil Aviation Malaysia (DCA):
  
• direct tender choosing of controversial radar system software provider, Selex Systemi Integrati and radar failure incident in Subang terminal of 2012; and
  
• Malaysia Airport Holding Berhad (MAHB)’s lack of accountability concerns for the long standing issues affecting KLIA2’s runway and development (ICAO audit barely cleared airport for use: it met minimum requirements for safety to start operations as scheduled but with clear cut need for consistent redress and preventive maintenance).
  
  

As such, the government must immediately address concerns of ensuring the independence of the commission by selecting an executive chairman who is a committed professional with sufficient geo-technical background - lest we end up with another newly built runway with cracks before the six months completion time is up - like the KLIA2. No personalities previously involved with MAHB or the DCA or the Ministry of Transport should be helming the commission.

Another wormhole of conflicts

The commission must report to Parliament for scrutiny and public safety; not the prime minister who is already tainted from his links to 1MDB as chairman to its board of advisors.



Furthermore, previous appointments by the Prime Minister's Office has proven to only further centralise responsibility and escape accountability.

One only needs to relook the Malindo Airline launch by the prime minister on the 12th of September 2012 - a staggering five months prior to DCA’s awarding of aviation license to the said airline which only took place on the 28th February 2013.

Clearly, a commission board controlled by and reports to the prime minister opens up another wormhole of conflicting interests, and is open to abuse.

It is time the Malaysian government takes stock at what is at stake and immediately move to ensure that the newly created Aviation Commission lives up to expectations.

Timely audit disclosure
As part of this week’s bill to allow for the setup of Malaysia’s Aviation Commission,  the government has proposed to appoint an Internal Auditor as part of the commission. However, the proposed role for the appointed auditor is left vague.



At the moment we are being audited constantly using international standards/monitoring body. For example the DCA are being audited too by the ICAO.

I think what is more important is to make this yearly audit visible for public viewing. The delays in revealing the audit findings can be detrimental towards patching up weakness and loopholes in our aviation safety.

I myself had to wait for three years, across three different ministers heading the Transport Ministry before I could get my hands on the report on power outage at the air traffic control centre on 13 September 2012 - detailing reasons to why our airspace went blind for nearly two hours - leading authorities to:

• surrender air authority to a foreign nation - Singapore - which provided us radio communications services to 3 movements, southbound for Singapore and beyond
  
• delay affecting 5 flights both domestic and international carriers'.
  
• forced to utilise non radar control procedures: where time used to separate planes can be up to 10 minutes (80Nm/145km) instead of the normal radar control of 5 Nautical Miles (9 km).
  
  

MH370 exposed massive failure



As the MH370 incident has shown us, there are still many weaknesses in Malaysia’s aviation safety. While commenting on the interim report on the case, CNN news anchor Richard Quest, has said that the biggest scandal in the MH370 case is the failure of the air traffic controllers in South East Asia including Malaysia to take action even though the radars has managed to pick up strange movements by the plane in the hours prior to the search and rescue is launched.

It is imperative that Malaysia begins to disclose these audit reports to the stakeholders including to the members of the public, as this would open up opportunities for the stakeholders to suggest ways and new technologies that is available to improve aviation safety.

As such, I demand the government to reveal audit findings by local and international bodies in a transparent and timely manner. Improvements would inch along if government keeps the “government-knows-best” stance.
 
For this, I urge the government to set up a parliamentary select committee on Civil Aviation Safety and Security. In dealing with safety issues, the public deserves to know that the government is working at its best to ensure the public’s lives are of the utmost importance.

---

NURUL IZZAH ANWAR is Lembah Pantai MP and PKR vice president and elections director.

Tick..tock ICAO??


MTF..P2