[Peetwo]

Popinjay's bollocks excuse for not investigating Gympie midair?? - 

Via the Yaffa: 

We won't investigate Gympie Crash: ATSB

18 November 2022



The Australian Transport Safety Bureau (ATSB) this week has clarified when they do and don't get involved in recreational accident investigations.

A statement given to Australian Flying was prompted by the release of an investigation report into the loss of a propeller off a Jabiru that resulted in no injuries and little damage, and news that the ATSB would not investigate a mid-air collision at Kybong near Gympie that cost two lives.

Aviation commentators have queried the apparent inconsistency especially after the ATSB denied Recreational Aviation Australia's request for an investigation into the Kybong crash, which was between an RAAus-registered powered aeroplane and a glider.

ATSB Chief Commissioner Angus Mitchell told Australian Flying the decisions were in line with the ATSB's normal procedures.

“We understand the perceived inconsistency regarding the ATSB’s response to these occurrences, and I welcome this opportunity to clarify these decisions, which are in line with our Ministerial Statement of Expectations," he said.

“The propeller loss occurrence related to the manufacture, design and/or maintenance of the aircraft itself. As Australia is the state of design and state of manufacture for the Jabiru aircraft, and there are aircraft of the same type on the VH register, and operating overseas, the ATSB investigated the occurrence to determine if there were broader lessons for the aircraft type.

“In contrast, the Kybong mid-air collision was an operational event, involving an RA-Aus registered kit plane manufactured in the Czech Republic, and a VH-registered–but unpowered–glider, which was also not designed or manufactured in Australia.
"Neither of these aircraft therefore fall under the ATSB’s standard remit for investigation.

"The ATSB would only investigate accidents such the Kybong mid-air collision on an exception basis, as its resources permit, where conducting such an investigation has the potential to highlight wider safety issues."

Maxine Milera, acting CEO of RAAus, told members that the investigation into the Gympie crash would instead be down to the Queensland Police despite the organisation's direct approach to the ATSB.

"On Thursday I spoke to the ATSB Chief Commissioner to convey that RAAus would like the ATSB to independently investigate the accident, however, I was informed they would not." Milera wrote in a communique to members on 12 November.

"The Queensland Police will therefore conduct the investigation in order to provide information to the Queensland Coroner. RAAus will continue to support the Queensland Police with their investigation."

Angus Mitchell said that the ATSB would support recreational accident investigations conducted by sport aviation bodies when possible.

“Sport aviation bodies conduct their own investigations into accidents involving their members' aircraft. Where requested and as resourcing permits, the ATSB may assist sport and recreation aviation organisations' investigations through providing technical assistance, such as a metallurgical examination of aircraft components or data recovery.

“Investigator representatives from recreational aviation organisations are also able to attend the ATSB’s transport safety investigator graduate certificate course, which is delivered jointly by the ATSB and RMIT University.

“The ATSB continues to empathise with the next of kin who have lost loved ones in this accident and are seeking answers as to how the accident occurred.”

UFB! - 

Hmm...so where in the SoE does it state anything like "Thou shalt not...investigate recreational aircraft fatal midair accidents...especially if the aircraft involved are a kit plane made in the Czech republic and a unpowered, foreign manafactured glider -   
  
All the SoE says is this:

"..(b) give priority to transport safety investigations that have the highest risk or potential to deliver the greatest public benefit through systemic improvements to transport safety;.."

The current SoE also says:

..I expect the ATSB to perform its functions consistent with Australia's international obligations where appropriate, including the requirements of the International Civil Aviation Organization.

I also expect the ATSB to implement any recommendations of the Australian National Audit Office and continue to work towards the timely finalisation of investigations to support continuous improvement in transport safety...

Over on the 'search 4 IP' thread we will continue to prosecute the case that neither of the above promised commitments and findings from both the ANAO and ICAO audits (by 1st HVH and now Popinjay) have been honoured. In fact IMHO there is now overwhelming evidence of the key performance issues (highlighted in both audits) as having worsened since 2017-18.       

MTF...P2 

PS Quote from this week's LMH:

..So many forceful opinions expressed in aviation have finished with the epithet "it's only a matter of time before someone gets killed." They're not always right, but sometimes that is in fact the tragic truth that follows a long-expressed fear. Glider operators at SE QLD glider havens like Kingaroy and Gympie have been worried about the potential for a mid-air collision for some years. This year, it happened. Two people dead. Queensland Police and RAAus will head-up the investigation after the ATSB decided it was not within their sphere of interest, and we should wait for the final report as if the ATSB were conducting it before making our own declarations about what happened. But I will say this: the glider community has been fearful of a mid-air because of poor radio and circuit entry practices from powered pilots who seem to be either oblivious to glider ops, or not professional enough to take them into account. We can't say definitively that this is what happened near Gympie. We can say that the investigators will be taking a close look at why such fears have been held for so long..

Hmm...sounds like there are some potential serious systemic issues here?? 

"..(b) give priority to transport safety investigations that have the highest risk or potential to deliver the greatest public benefit through systemic improvements to transport safety;.."