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Aviation Accident and Incident Investigation

Concurrence of Technical and Judicial Inquiries in the Netherlands

Aviation Accident and Incident Investigation
  • Year of publication 2010
  • 214 pages
Author:Ronald Schnitker and Dick van het Kaar
Series:Essential Air and Space Law (volume 9)
Category: Law Air & Space Law
Icon_printbook 978‐94‐90947‐01‐9 | hardcover | 1st edition | € 76,50 / $ 103,27 / £ 81,09

The relationship between the technical and the criminal aviation accident and incident investigations plays a significant role towards the enhancement of civil aviation safety. Obviously this is a global phenomenon. Paramount consideration in an aviation accident or incident investigation should be to determine the cause and the possible contributing factors in order to prevent future recurrences. The purpose of this activity is not to apportion blame or liability; on the contrary, the criminal inquiry will only focus on the question of guilt, which might potentially hinder the gathering of critical safety information.

Investigations conducted concurrently may cause the two methods to be in conflict and interfere with each other when only one method of investigation can prevail. Such conflicts can be prevented by strict rules and measures. This book will provide an insight into the question of legal principles, rules and protocols regarding the concurrence of civil aviation accident and incident investigations in the Netherlands, as a – yet not – perfect paradigm.

Independent and comprehensive technical aviation accident and incident investigations, not hampered by other concurrent inquiries, in a just society, eventually will enable the global civil aviation industry to learn lessons for the future.

Target group

This publication is aimed at academics.

Author's information

Ronald Schnitker has worked in the field of aviation law and enforcement for over thirty years. He has been Commanding Police Officer at the Aviation Investigation Department of the Dutch National Police Force and is currently Director Legal Affairs at Eindhoven Airport. He obtained a juris doctor degree from the University of Tilburg.

Dick van het Kaar has been captain on the B747 for Martinair Holland. During his flying career he studied international law at the Open University in the Netherlands. He was also a member of the Objection and Appeal Committee of the Dutch Air Line Pilots Association and author of various air law related essays.