Article citation information:
Konieczka, R. How to secure basic evidence after an aviation accident. Scientific Journal of Silesian University of
Technology. Series Transport. 2017,
94, 65-74. ISSN: 0209-3324. DOI: https://doi.org/10.20858/sjsutst.2017.94.7.
Robert KONIECZKA[1]
HOW TO SECURE BASIC
EVIDENCE AFTER AN AVIATION ACCIDENT
Summary. This article attempts to provide a synthesis of
basic directions indispensable to accurately collecting evidence after an
aviation accident. The proper collection procedure ensures the avoidance of the
loss of evidence critical for an investigation carried out by law
enforcement agencies and/or the criminal justice system, which includes the
participation of aviation expert investigators. Proper and complete evidence is
also used to define the cause of the accident in the proceedings conducted by
Państwowa Komisja Badania Wypadków Lotniczych (State Committee for Aviation
Incidents Investigation, The State Committee for Aviation Incidents Investigation, hereafter
referred to as the PKBWL). The methodology of securing evidence refers to
the evidence collected at the scene of an accident right after its occurrence,
and also to the evidence collected at other sites. It also includes, within its
scope, additional materials that are essential to furthering the investigation
process, although their collection does not require any urgent action.
Furthermore, the article explains the meaning of particular pieces of evidence
and their possible relevance to the investigation process.
Keywords: aviation accident, evidence, inspection of the
accident scene, personal data records, equipment maintenance and operation
records, flight data recorder
1. INTRODUCTION
The collection of basic evidence is
the key procedural element related to the occurrence of an aviation accident.
Most often, it is performed by representatives of the police or the
prosecutor’s office arriving at the accident scene immediately after the rescue
teams. The collected evidence material, which is used to carry out the
proceedings related to the event, will also be made available to the experts of
the PKBWL in order to determine the turn of events
and the cause of the accident. Hence, the collection of appropriate
basic evidence, both in terms of quantity and quality, seems to be the key
element influencing the quality of proceedings and their effects.
The first and most important task of
all investigation authorities is to properly assess safety. The following
activities should be considered as the most important:
• priority activities related to saving people’s lives
and property in such a manner as to limit the destruction and loss of basic
evidence
• protecting outsiders against the influence of aviation
accident effects
• preventing tampering with basic evidence (wreckage or
its fragments and items that were previously on board the aircraft), including
the protection of somebody else’s property
• limiting access to the accident scene to persons who
are taking part in appropriate activities at the scene
2. ACCIDENT SCENE
INSPECTION
The topic of accident scene
inspection is complex and could alone be the subject of a separate publication.
The issue of inspection must be considered with regard to four areas:
•
inside
the aircraft
•
external
inspection of the aircraft
•
location
of individual elements of the aircraft
•
inspection
of the accident area, locating any trace evidence
Fig. 1. Overview of
an accident scene recorded by aircraft
Accident scene
inspection should include not only the description, but also photos and videos.
Taking photos and videos can be initiated as early as during the rescue action
phase. Later, this could allow for the determination of the scope of rescuers’
intervention after the event. Recording unstable evidence, such as tracks on a
sandy or snowy ground and leakage of working fluids, is of special
significance. It is also important to realize weather conditions (snow, rain,
wind) may result in degradation of basic evidence. Moreover, it is necessary to
prepare a site plan with the location of all identified elements and traces. If
possible, during the inspection, videos from available aircraft or drones may
be used.
During the inspection
of the aircraft interior, all internal spaces should be examined, including
cockpit, passenger
cabin(s), halls, toilets, equipment cabins, hatches, compartments and boots. Of
course, the cockpit is the most important space, whose inspection should
include all its elements, with special consideration paid to:
• indicator visualization
• positions of all control elements
• positions of all switches, valves etc.
• position of the seats, hatches, door, safety belts,
all items regardless of their purpose etc.
In the other cabins, important
elements include:
•
condition
of the cabins and the damages that occurred
•
position
of all indicators, switches, devices and equipment etc.
•
location
and condition of all items present inside
Fig. 2. View of a helicopter
instrument board with recorded positions of indicators and switches
As for the elements of the aircraft, both the
appearance of the elements and their spatial location in the area should be
examined. When there are doubts about the name of a given element, its function
and completeness, members of the PKBWL (if present at the aviation accident
scene) may be asked for help, or the identified element may remain without a
name, but with its appearance recorded.
The final important element of inspection covers all
traces left at the accident scene, which relate to the accident, such as:
• evidence of the aircraft (or its elements) hitting the
ground
• damage to infrastructure (buildings, trees, etc.) in
the area
• evidence of fuel, oil or any other working fluid
leakage
• injuries to non-passengers.
Another important element of the inspection includes
penetration of the area neighbouring the accident scene in order to look for
possible evidence of the aircraft’s interaction or aircraft elements that were
left at a site before the aircraft hit the ground or terrain obstacles. In
particular, this refers to the area located at the flight direction, as
identified in witness statements. As such, the view at the flight direction and
from the flight direction should be recorded.
Fig.
3. A fragment of a site plan marking the
place where the aircraft fell down
and the air energy lines (the fall site is described accurately using GPS
position)
3. PROTECTION OF THE
ACCIDENT SCENE
The aircraft wreck should be left untouched until the
inspection. This refers to the aircraft and the detached elements.
Different destructive factors may
occur, depending on the course of the event, its scope and its size. These
factors influence people and are the main cause of different injuries. In
particular, they include the activity of:
•
thermal
factors
•
mechanical
factors
•
pressure
factors
•
chemical
factors
•
electric
current or discharge of electric charge (electrostatic discharge)
•
electromagnetic
radiation
•
radioactive
factors
Upon securing the accident scene, one must take the
following main hazards into consideration:
•
dislocation
of aircraft elements and autonomic activity of mechanic elements
•
occurrence
of fire
•
activity
of fuel and working fluids
•
electric
shock
•
activity
of electromagnetic radiation sources
•
unsealing
of the pressure containers
•
release
of radioactive material
•
explosion
of pyrotechnic agents and armaments
•
activity
of dangerous materials transported on board the aircraft
•
activity
of the infrastructure damaged during the accident
It must be emphasized that only the
appropriate identification of hazards and the expertise of the inspectors allow
for the safe performance of all necessary activities in a manner that is not
dangerous to the health and life of those who perform them.
4. RECORDING
EQUIPMENT
The majority of aircrafts are equipped with a flight
data recorder and/or a voice/radio correspondence recorder in the cockpit. This
especially applies to major communication aircraft (airplanes) and military
aircraft. Recorders, which are usually located in the posterior part of the
aircraft, are mostly rectangular in shape, orange and with an unequivocal
description in English (Flight Data Recorder or Cockpit Voice Recorder).
Further actions taken with respect to the recorders should be carried out by
experts. Until submitted to the experts, the recorders cannot be opened and
dried or removed from the environment in which they were found (e.g., marine
water). Examples of recorders are presented in Figure 4.
Other devices that are
not typical recorders, such as GPS devices, handheld video cameras, mobile
phones, laptops, industrial video cameras and photo cameras, can also provide
information about the flight course.
Fig.
4. Overview of different flight data recorders
5. DOCUMENTATION OF
THE AIRCRAFT AND THE CREW
For a complete evaluation of all the circumstances
related to the aviation event, it is necessary to secure documentation relating
to the crew and the aircraft, as well as documents located on board the
aircraft.
Depending on the aircraft type, the pilot should have
a valid pilot’s licence. With respect to some aircraft, legal provisions
exclude the necessity to have a licence, as they require an appropriate
certificate confirming a pilot’s qualifications instead. This is true for hang
gliders, ultralight trikes, paragliders, parachutes, unmanned aerial vehicles
and ultralight airplanes. In the case of flights performed in an airport area,
a member of the flight crew is not obliged to have the documents with them.
Such a requirement exists, however, when the flight covers landing outside the
airport. In the majority of cases, it is necessary that the pilot (or another
member of flight crew) has confirmation of their pilot medical examinations in
the form of appropriate documentation. This also concerns pilots who are
flying, based on qualification certificates, in the case of training flights or
flights involving passengers. Otherwise, there is no obligation to have a
certificate of pilot medical examinations. A radio operator’s licence is an
additional form of authorization for pilots related to radio communication. In
the case when these documents are not available from the pilot or their flight
organization, the information about current authorizations of flight crew
members and the validity of pilot medical examinations can be obtained from the
respective civil aviation regulatory authority. In the case of foreign
authorizations, their validity in Poland must be verified.
The size of aircraft documentation depends on the
aircraft’s complexity. It always covers two types of documentation:
instructions for use of the given aircraft type and the documentation of the
particular aircraft, confirming its functionality and airworthiness. As for the
first group, such documents include:
•
aircraft flight
manual
•
aircraft technical
manual
•
engine technical
manual
•
rotor technical
manual (if the aircraft has a rotor)
•
aircraft repair
manual
•
any other detailed
manuals of the aircraft or its aggregates
Despite a certain degree of
universality, the documentation should be strictly related to the particular
aircraft, especially with respect to its completeness. Apart from the first
mentioned manual, which should be on board the aircraft, the other manuals should
be stored at the registered office of the aircraft user.
The second group of documents is
documentation directly related to the exploitation of the particular aircraft,
which should contain:
•
aircraft logbook
•
engine log book
•
rotor logbook (if
appropriate)
•
transmission gear
logbook (for helicopters)
•
technical service
programme
•
certificate of
airworthiness (valid on the day of the event)
•
civil liability
insurance policy
•
aggregate
specification
•
bulletins
•
other valid
complementary documentation depending on the aircraft type
As for the already mentioned
aircraft that are partially excluded from the Act of Aviation Law, they do not
require such detailed documentation. Only training aircraft and aircraft used
for passenger flights must have inspection cards (e.g., hang glider or
paraglide) that valid on the day of the event.
Another group of evidence that should be secured at
the accident scene includes all documents located on board the aircraft, such
as maps, airport schemes (instrument approach procedure charts), and any notes
and pieces of handwriting.
6. APPLICABLE
AVIATION ORGANIZATION REGULATIONS
To assess the correct functioning of an aviation
organization, it is necessary to secure all documentation concerning the
organization and the flight training performed. These particularly include:
• operational instructions of an aviation organization
• airport use instructions
• training instructions
• training programmes
With respect to aviation
organizations that need certification from the state aviation authority, it is
legitimate to obtain a certificate. Such certificates define the scope
certified by the supervision authority.
7. WITNESS INTERVIEW
All direct and indirect witnesses to the event must be
immediately identified. This also concerns all persons who could have any
knowledge about the aircraft’s departure site and its service, air traffic,
etc. During these activities, the following witness data must be determined:
full name, address and telephone number, education and profession, and where
the person was located at the time of the accident.
A witness interview should feature the following characteristics:
• it should allow for the free statement of the witness
• the witness’s observation site and locations of the
observed phenomena should be indicated on a map (diagram)
• the witness should be asked for information related to
the position of the aircraft, such as flight track, descending/dropping,
velocity, height, bank, pitch and deviation
• the witness should be asked for information about the
engine function (sounds, fire, smoke, leakage etc.)
• the witness should be asked for information about the
condition of the aircraft, such as angle of control surfaces, landing gear
condition, open hatches, doors, fairings, and detachment of aircraft elements
• the witness should be asked about actions and
behaviour of event participants or other witnesses
• it should refer to other unusual phenomena
• it should determine the applicable weather conditions
in terms of temperature, clouds, visibility, wind direction and velocity, falls
8.
ACTIVITIES RELATED TO AIRCRAFT CREW AND PASSENGERS
All persons who could be responsible for performing
flight-related activities should be immediately identified. At the same time,
the persons should be tested for consumption of alcohol or other agents that
could influence their mode of action. As in the case of the witnesses, basic
information should be collected, as indicated above. Moreover, for members of
the aircraft crew, their function should be determined and documents confirming
they have the qualifications necessary to perform their functions should be
requested, if possible.
In the case of fatalities, among both the crew and the
passengers, it is necessary to perform necropsies in order to determine the
cause of death and any possible influence on their state of health at the time
of the event. The determination of the location and positions of the bodies is
the key element here.
9.
OTHER BASIC EVIDENCE
At the accident site, samples of fuel should be
immediately collected (at least a few litres). The samples should be poured
into at least two completely clean and dry containers. Fuel samples located in
the storage of fuel tanked before the last flight must also be collected. A
laboratory certificate confirming the applicable fuel and any other working
fluids (e.g., oils, hydraulic fluids) should also be secured.
In cases when aviation communication with the aircraft
took place, such communication records should be also secured. These can be
obtained from on-board or ground recorders located in the offices of air
traffic control authorities or airport control centres (e.g., aero club
office). Moreover, recordings from radar devices should be secured if the
flight took place in the area supervised by the radar station. Such recordings
may be obtained at the Polska Agencja Żeglugi Powietrznej (Polish Air
Navigation Service Agency).
Obtaining information about the weather at the date
and location of the accident is also important. Such data can be obtained from
the Instytut Meteorologii i Gospodarki Wodnej (Institute of Meteorology and
Water Management), after submitting an official request. The following basic
information must be provided: date, time and place of the accident, including
the height of flight at the moment of the accident. The weather parameters of
interest must also be defined: temperature pressure, strength and direction of
wind, cloudiness type and amount, height of the cloud base, visibility, type
and intensity of precipitation, presence of storms and other phenomena. Data obtained
directly from airports, aero clubs, road regions etc. can also be helpful, as
they are useful when determining any local phenomena, especially in locations
where Instytut Meteorologii i Gospodarki Wodnej (Institute of Meteorology
and Water Management) observation points are not too densely located.
Another significant basic piece of evidence to be
obtained during the later stages of proceedings is an expert opinion, which can
cover various topics, including legal, psychological, psychiatric, medical,
pilot, technical, metallographic, meteorological, fuel, phonetic and other
issues. For simple cases where such narrow specialized expert opinions are not
necessary, the opinion of an aviation expert may be sufficient.
10. SUMMARY
The main areas, as stated above, in
respect of securing evidence after an aviation accident are not exhaustive for
this broad issue. However, they indicate the main directions of activity, as
well as highlight their nature and complexity. In short, this review points to
the sources and methods of basic evidence collection. The activities of the
investigation authorities should also involve initiative and thoroughness,
which require at least a basic knowledge
about the subject matter in order to minimize of evidence loss. Collected and
properly secured evidence is an important basis for starting an investigation.
One must remember, however, that, in many cases, further assessment should be
performed by specialists or experts, since the obtained evidence is often
highly specialized, while incorrect interpretation may result in erroneous
conclusions.
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Received 17.11.2016;
accepted in revised form 12.01.2017
Scientific Journal of Silesian University of
Technology. Series Transport is licensed under a Creative Commons
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