India

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    Policy Changes

    In George’s Point of View


    What does it mean that the Indian Civil Aviation Ministry is formulating new policies?

    The existing policies are not working, but we wonder if the new policies are being rewritten to fit in better with the workings of business and the status quo. Will the changes begin to address safety issues, pilot training, and crucial concerns of passengers rather than stakeholders in the business end?

    Will the policies be conceived and written by people involved in the mechanics of planes and technology, or will they reflect an infrastructure concerned only about maintaining a “bottom line?”

    The current perspective has resulted in dangerous new rest rules. (Pilots are not allowed to get fatigued till they have completed 10 hours of flying during the night; and the airline’s director of operations can extend that time another hour and a half.) The work ceiling for Indian pilots is 25% higher than that set for US or British pilots.

    Committees of experts should be based on expertise in successful operations, have proper credentials and their input should reflect current legitimate data and scientific findings. Otherwise, the changes will be reflected inevitably in more fatal crashes.

    So we wonder what does it mean? We have to wait until February when results are released.

  • Indian Aviation In the Red

    After competition from Air India and fuel cost of 2011 and Jet Airways, SpiceJet and Kingfisher Airlines have lost sixty-five percent of their value since the end of 2010.

    Kingfisher Airlines owes employees income tax from 2010.

    Spice Jet is planning in increasing fees and reviewing contracts to cut costs.

    In December, the Directorate General of Civil Aviation DGCA raised concerns about Indian safety practices.

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    Jet Airways Pilots Protest Nasim Zaidi Committee’s Prescriptive Limits

    A letter written by Jet Airway’s Society for Welfare of Indian Pilots complains that the new limits for pilots flight time are set at 10 hours (compared to US’s 8) and the Director of Operations can extend that time an hour and a half. The letter points out that the committee selectively adopted from various schemes/studies whatever limits that suited them, extending the time well beyond what would be considered safe.

    In the US, the maximum time pilots can be scheduled to fly is limited to eight or nine hours. US Pilots must get a minimum of 10 hours to rest between duty periods, a two-hour increase over the old rules; and pilots who fly overnight are allocated fewer hours than day flying pilots. In the US, these rules are based on the science of human biology.

    The changes in US fatigue rules are aimed at preventing airline pilots from flying while dangerously fatigued. Notably, by comparison, the maximum hours of work prescribed for Indian pilots is about 25% more. The Nasim Zaidi Committee rules either completely disregarded the science, and furthermore, incorrectly defineterms pertaining to night-time operations, further opening up the pilots to further exploitation.

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    Air India Bomb Threat

    What: Air India Airbus A319-100 en route from Mumbai to Delhi
    Where: Delhi
    When: Jan 10th 2012
    Who: 117 passengers and 6 crew
    Why: While the plane was en route, an anonymous caller told Air India that someone aboard had a bomb in their luggage. The flight was nearing Delhi anyway, so ATC directed the pilot to land in Delhi.

    The plane was isolated and passengers disembarked at 9.15; then the plane was searched. No bomb was reported.

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    Back in Court over Mangalore Ruling

    Tuesday, ruling about the May 2010 Boeing crash in Mangalore,India, the Indian Supreme Court apex court bench issued a notice to Air India and the government on a petition seeking a minimum compensation of Rs 75 lakh for each of the 158 passengers.

    Senior counsel Harish Salve told the court that under the Montreal convention the national carrier was obliged to pay a minimum compensation of 100,000 SDRs (special drawing rights) to families of the passengers who died in the crash.

    The court final hearing of the case is scheduled in April.

    Read More Mangalore Crash: Air India Express Boeing 737-800

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    Air India’s Loss of Income and pilots

    Air India’s delinquency in payroll which earlier this year led to a strike, has led to about fifty pilots quitting.

    Employees were promised incentives and raises to 30,000 employees. Currently pilots and other employees are owed a month’s salary.

    Civil Aviation Minister Vayalar Ravi said ” the management of the Air India was in a constant dialogue with the unions and associations of the pilots.”

    In the October strike, 100 pilots threatened to quit.

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    Emergency Diversion to Shamshabad


    What: Qatar Airways en route from Doha to Bangalore
    Where: Rajiv Gandhi International Airport at Shamshabad
    When: December 2, 2011
    Who: 240 passengers
    Why: While en route, the pilots received information of bad weather in Bangalore.

    They decided to divert to Hyderabad, and made a 5 a.m. emergency landing.

    Passengers were provided alternate transportation to Bangalore.

    Last week, an Emirates flight from Bangkok to Dubai diverted to Rajiv Gandhi International Airport to make an emergency landing due to what was reported as a “technical snag” which may have been hydraulics, or 3 generators off line depending on which rumor you wish to believe.

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    Indian Civil Aviation Official Meets with Mangalore Crash victims

    Vayalar Ravi, Indian Civil Aviation Minister met or called (on the 18th) victims of the Mangalore crash to discuss their compensation claims. A meeting on the 19th included representatives from the airline, the government and the insurance company.,

    The crash occurred in May of 2010, when the Dubai-Mangalore Air India Express jet overshot the runway, killing 158 people aboard.

    However other business was also being handled during the meetings.

    The outcome of the meetings has not yet been released.

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    Mangalore Crash Families Long for Closure


    Plane crash cases take a long time to settle, and the families of the Mangalore Crash can vouch for it, having been waiting since the date of the crash in May of 2010. Families who are still waiting on a settlement, and will be back in court this November. They aren’t looking for extraordinary measures, but want compensation for flight 812–the Air India Express Dubai-Mangalore in accordance with the Montreal Convention. 152 died in the crash.

    According to The National, Airlines are required to pay compensation of 7.5 million rupees (Dh560,000) per passenger to families of crash victims, just as a Kerala judge ordered. Then that judge was overruled in favor of Air India Express. This November, the case will move into the highest court to rule in favor of the victims or Air India Express.

    In George’s Point of View


    It’s not that simple.

    I know I have said this before, but it bears repeating.

    I must remind the families that the value of the aviation case is usually much higher than 75 lakhs.

    And this is because Tier II of the Montreal Treaty.

    The convention’s second tier deals with the portion of a claim exceeding the $155,000 limit. An airline can avoid liability for portions of claims over the limit by proving it was “not negligent or otherwise at fault.”

    I’m not a lawyer but I know from experience how it works. I have been working with wrongful death cases for years, and have learned a lot from the experience my aviation experts have graciously passed on to me.

    If you can prove provable damages, then Tier II (referred to in Article 21(2) of the Montreal Convention) Air India Express is liable to families/passengers for all personal injury or wrongful death damages exceeding 100,000 Special Drawing Rights (SDRs), unless the carrier(s) can prove that the injuries or deaths were not due to the negligence or other wrongful act or omission of the carrier or it servants or agents OR the injuries or deaths were solely due to the negligence or other wrongful act or omission of a third party.

    My guess is that the carrier will never prove this. The burden of proof is on them. If I am correct, and know the experts who have taught me, are correct, Air India Express is liable to the victims’ families for all damages under the applicable law, including but not limited to, pain & suffering of your loved one prior to death.

    They are liable for pain and suffering, the loss of support, i.e., money, the loss and enjoyment of life of the victim.

    I hope the families don’t sell themselves short, and give up all that may be coming in return for even a payment of the 75 lakhs. Accepting 75 lakhs—which may look like a lot after the losses they’ve suffered—but if they sign their name on the dotted like, they give up the right to future compensation.

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    Jetlite Engine Trouble

    What: Jetlite Boeing 737-700 en route from Ranchi to Mumbai
    Where: Nagpur
    When: Nov 13th 2011
    Who:
    Why: The flight was en route when it developed engine problems.

    Pilots diverted to Nagpur where they made a safe landing.
    Passengers were provided alternative flights.

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    Hydraulics Force Emergency Landing in West Bengal

    What: Air-India flight from New Delhi to Gaya
    Where: Netaji Subhash Chandra Bose International airport
    When: Nov 10, 2011
    Who: 119 passengers
    Why: After developing hydraulic problems, the flight landed in Kolkata at Netaji Subhash Chandra Bose International airport.

    The plane is being repaired. Passengers were provided alternative flights.

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    Indigo Bird Strike cancels flight

    What: Indigo Delhi flight-6E 482 en route from Vadodara to Delhi
    Where: Vadodara
    When: Nov 1, 2011 at 10:30
    Why: The Indigo flight en route from Vadodara to Delhi had a bird strike right after takeoff, and had to return to Vadodara. The pilots managed a safe landing on soft tires.

    The flight was cancelled, and passengers were provided an alternative plane to take them to Delhi.

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    A380 Emergency Landing at Shamshabad

    What: Emirates A380 en route from Bangkok to Dubai
    Where: Rajiv Gandhi International Airport, Shamshabad
    When: October 23, 2011, 3:40 a.m.
    Who: 481 passengers
    Why: While en route, the plane developed problems. Pilots planned to land in Chennai but could not get clearance, and diverted instead to Shamshabad, where they were able to be cleared to land.

    The flight did land safely. The passengers disembarked with no reported injuries, and were provided a plane to take them the rest of the way to Dubai. Some took alternative flights.

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    Air India Emergency Landing in Bhopal

    What: Air India Airbus A319-100 en route from Bhopal to Indore
    Where: Bhopal
    When: Oct 19th 2011
    Who: 70 passengers
    Why: The Air India flight took off normally but once in the air developed a hydraulic failure.

    The flight returned to the airport and made a safe landing after being in the air for a quarter of an hour.

    Passengers were booked on alternative flights.

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    Trainee Flies into Tension wires


    © Vasuki Prasad at jetphotos.net

    What: Indira Gandhi National Aviation Academy trainee (operating a) SOCATA TB20 Trinidad en route from Raebareli Airport
    Where: Bhadokhar police circle of Rae Bareli district of Uttar Pradesh, India
    When: October 11, 2011
    Who: pilot
    Why: The pilot took off from Fursatganj Airfield-Raebareli Airport, and crashed in Bhav village, in Uttar Pradesh, India. The pilot was on a training flight and flew into the National Thermal Power Corporation tension cable line.

    The pilot trainee, Sudip Vashishtha (Vashisht?) was injured after the powerline reduced his momentum, after which he dropped 20 feet. The training plane was mangled, and the pilot injured with multiple fractures, but conscious, and he is currently considered critical but stable. He was remove from Rae Bareli hospital to Lucknow hospital.

    Newspapers are describing the craft as a chopper, but it is a light single engine aircraft with a variable pitch propeller built by Socata, out of France.

    According to the flight school’s website, “The Akademi functions under the Ministry of Civil Aviation (MoCA), Govt. of India (GOI) through its Governing Council (GC). Indira Gandhi Rashtriya Uran Akademi (IGRUA) located at Fursatganj District Raebareli Uttar Pradesh”

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    DCGA Releases Final Investigation of Pawan Hans Helicopter

    Type Dauphin 365 N3
    Nationality: INDIAN
    registration: VT – SOK
    Owner/operator: Pawan Hans Helicopter Ltd.
    PIC: Flying under rule 160
    injuries: Minor
    copilot: Holder of CPL (H)
    injuries: Minor
    Location: Chandigarh Airport
    point of departure: Chandigarh Airport
    point of arrival (intended): Secretariat, Chandigarh
    Date: 16th December, 2010; 04:30 UTC (Approx.)
    passengers: n/a
    Phase: Taxing
    Type: During Taxi the helicopter Toppled toward left side.

    DCGAPawan Hans Final Report

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    DCGA Releases Final Report on JET AIRWAYS 27th Aug’2010

    Type & model Engines Nationality Registration:
    Type:B737-800
    Engines:CFM56-7
    Nationality:Indian
    Registration:VT–JGM
    Owner:M/s Jet Airways, Mumbai
    PIC: ALTP Holder
    1st: CPL Holder
    Other: cabin crew 4,
    One trainee first officer
    Passengers: 139 Minor
    INJURIES:21, Serious:4
    LOCATION: Mumbai Airport
    DATE: 27th Aug?2010,1525 UTC
    INCIDENT TYPE: Serious injuries during evacuation

    https://airflightdisaster.com/wp-content/uploads/2011/09/VT-JGM.pdf

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    Passengers Get the Raw Deal in Kolkata


    What: Mahan Air en route from Phuket to Tehran
    Where: Kolkata airport
    When: September 21, 2011
    Who: 305 passengers (plus another 176 passengers from another flight)
    Why: Mahan Air ran out of gas in the wrong place and the wrong time. The IOC allows the airline a certain amount of credit, when they pay a security deposit, but they were a month overdue.

    The flight landed in Kolkata, the crew expecting to be able to refuel, and they were grounded. (Indian Oil Corporation.) So the airport lounge filled up with passengers from one…no, make that two Mahan Air flights when a second Mahan flight showed up. There was only room for 280, and the passengers were stuck until morning. Some sources say all 305 were stuck in the airplane, not in an overcrowded lounge for thirteen hours. Anyway, was this the experience they bought when they paid for their ticket? Apparently.

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    Air India on Flakey Financial Footing


    Newspaper articles in July promised compensation to Air India crash victims, and here it is September, and they’re still arguing about compensation, which is still unpaid.

    Perhaps this is partly due to financial circumstances, as independent sources say all Indian airlines are barely keeping afloat, due to competition, low fares and rising wages and fuel expenses,(not to mention corruption, and failed safety efforts) but in the worst shape are Kingfisher Airlines and the state-owned Air India. Liquor tycoon Vijay Mallya who controls Kingfisher, denies rumors of Kingfisher nearing its demise.

    In mid-August, the government said it planned to take three months to financially restructure Air India. The turnaround plan is described as a hub-and-spoke route model. Costs will be cut by redeploying staff and unloading real estate.

    According to Moody’s any loan to Air India is ‘credit negative’. Air India has incurred heavy losses and has been in the red since its the 2007 merger with Indian Airlines.

    In the meantime, who knows when, or how much suffering families will be paid in compensation.

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    DGCA Gulf Air Landing Examined

    What: Gulf Air Airbus A320-200 en route from Bahrain to Kochi, India
    Where: Kochi
    When: Aug 28th 2011, 3.55 am
    Who: 137 passengers and 6 crew, 8 injuries
    Why: In examining this August incident, after doing some runway testing, the DGCA is blaming the accident on a slick runway.

    However defects have been found in the plane’s front wheel. And the statement of the DCGA’s opinion also mentions pilot error. So they have released a statement combining pilot error, plane flaws and a bad runway as being behind the runway excursion.

    Can a pilot land on a slick runway? What exactly was the pilot’s error in this situation? Does the entire runway have the identical friction coefficient or just the area tested? Runway friction is also going to be affected by the condition of the tires; what was the condition of the tire before it blew? Inquiring minds want to know.

    Airport testing at Cochin airport revealed airport friction level.

    A C K Nair, director of the Cochin airport made the following defensive statement:

    “As per the International Civil Aviation Organisation’s (ICAO) norms the friction coefficients of the runways should not go below 0.34, while the value was 0.61 to 0.86 till recently. On the day of the mishap the average value was hovering between 0.52 and 0.84. The value at the spot where the ill-fated aircraft touched the runway was 0.75 to 0.85. We did another test on September 3 and the value was above 0.5.’

    Read More about Gulf Air Airbus Skids into Mud On landing in Kochi

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    Air India Emergency Landing in Kolkata

    What: Air India plane en route from Guwahat to Kolkata
    Where: NSCB International airport
    When: Sept 9 2011
    Who: 105 passengers
    Why: On approach to the airport, the plane developed issues with the landing gear, and declared an emergency.

    Rescue services were on standby as the pilot landed the plane. No injuries were reported.

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    Slippery Turkish Airlines Airbus On Skids in Mumbai


    Click to view full size photo at Airliners.net
    Contact photographer Rutvij Talavdekar

    What: Turkish Airlines Airbus A340-300 en route from Istanbul Turkey to Mumbai India
    Where: Mumbai
    When: Sep 2nd 2011
    Who: 93 passengers and 11 crew
    Why: After a fast landing in Mumbai on a slippery runway, the plane skidded off the runway onto mud, where it still sits.

    Passengers were provided an alternative flight. Photos of the jet on the runway show emergency slides. No injuries were published. The incident is under investigation.

    VABB 012310Z 19005KT 1200 R27/1400 RA FEW012 SCT015 FEW030CB BKN090 25/25 Q0999 TEMPO 0800 +SHRA
    VABB 012210Z 19005KT 2100 HZ FEW012 SCT015 FEW030CB BKN090 26/26 Q0998 TEMPO 1500 SHRA

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    Kerala High Court Reverses on Mangalore Crash

    In George’s Point of View


    The Kerala High Court ruled that the Air India need not pay the compensation amount of Rs 75 lakhs each to the victims of the Mangalore plane crash. The Division Bench gave the order in the appeal given by the Air India against the earlier Single Bench rule to pay the amount. The order references the Montreal Treaty.

    I am not surprised. When I first heard the original judgement, it was my layperson opinion that the high court would not let stand the order of the lower court to pass out 75 lakhs to each passenger.

    In my personal opinion the Judge who made that order didn’t read the Montreal treaty very well. In order for the family to collect the equivalent of 100,000 SDRS (about $160,000 U.S.), they must present provable damages and if they do, under the treaty, Tier I, the operator (Air India) cannot dispute or contest paying that amount. The Judge must have overlooked that the 100,000 SDRS is not the minimum required under the treaty, it is the maximum. So when the Judge ordered 75 lakhs to be paid, his order basically was overruling the treaty requirement of proving the damages.

    No, I was not surprised and neither were the attorneys I consult with. If no treaty existed limiting the liability of the operator, then the order from a Judge would have probably stayed in place.

    But that was not the case.

    The Montreal Treaty has two tiers. The above discussion explains tier one. The Tier II provision almost certainly removes the cap entirely, because of where the burden of proof lies.

    As long as the Montreal Treaty is being held as a rule, families should know that in most cases as per the treaty, the value of the case could be much higher than 75 lakhs, pursuant to Tier II of the Montreal Treaty. I know, I know….I’m not a lawyer but I know how it works from experience over the many years I have been working with wrongful death cases, and based on the experience my aviation experts have graciously passed on to me.

    Here is the explanation, as simply as I can explain it:

    If you can prove provable damages, then Tier II (referred to in Article 21(2) of the Montreal Convention) Air India Express is liable to families/passengers for all personal injury or wrongful death damages exceeding 100,000 Special Drawing Rights (SDRs), unless the carrier(s) can prove that the injuries or deaths were not due to the negligence or other wrongful act or omission of the carrier or it servants or agents. OR the injuries or deaths were solely due to the negligence or other wrongful act or omission of a third party.

    The carrier will never prove this and the burden of proof is on them. If I am correct, and know the experts who have taught me, are correct…

    Air India Express is liable to the victims families for all damages under the applicable law, including but not limited to, pain & suffering of loved ones prior to death.

    Air India Express is liable for pain and suffering of the survivors and heirs of the victims.

    Air India Express is liable for the loss of support, i.e., money.

    Air India is liable for the loss and enjoyment of life of the victim.

    I could go on but I will stop here, and caution the families to please be very careful. The families should not give up all that there may be coming in return for even a payment of the 75 lakhs that this new ruling states the company no longer has to pay. If they actually get around to offering it, to get it, it means the families have to give up all rights to future claims.

    I would tell the families this:

    Put up a fight. Your loved one is never coming back, no matter how much they pay you, but, I’m sure he/she would want you to collect the absolute maximum possible. As a passenger, your loved one paid a fare, and no matter what caused that crash, your loved one is FAULT FREE. Legally, the operator must pay.

    Consult a lawyer, an expert in aviation, I beg you to please do not try to do it yourself.

    I fly over 250,000 miles a year, and I wouldn’t want my family to try and do it alone if I were a victim.

    * I am not a lawyer, and this is not legal advice.

    http://twocircles.net

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    Gulf Air Airbus Skids into Mud On landing in Kochi.

    What: Gulf Air Airbus A320-200 en route from Bahrain to Kochi, India
    Where: Kochi
    When: Aug 28th 2011, 3.55 am
    Who: 137 passengers and 6 crew, 8 injuries
    Why: On landing in gusty wind and severe rain at Cochin International Airport, the plane skidded to the right and slid ten meters from the pavement into mud. The nose was damaged, and according to some reports, interfered with the operation of the slides; some slides were brought to the plane. Those who were injured were the ones who jumped. Said Muhamad, 47, sustained a fractured right ankle, left rib and left elbow and is recovering at Little Flower Hospital.

    One report says flight 270 hit an air pocket and overshot (or landed too far down) the runway. It may have been simple turbulence.The approach appears to have been too fast on the slick runway. No mention has been made of the runway surface, or if the runway had been resurfaced.

    According to Said Muhamad, the flight crew apparently did not adequately direct passengers, or explain what was going on, which may be why he did not wait for slides, and just jumped off the plane.

    The Metars:
    VOCI 282300Z 00000KT 4000 HZ FEW005 SCT015 OVC080 26/24 Q1008 NOSIG
    VOCI 282130Z 29005KT 3000 HZ SCT010 SCT080 26/24 Q1008 NOSIG

    Passengers disembarked quickly after it appeared (to them) that the pilot had lost control. Evacuation occurred promptly, after “Mayday!” “Evacuation!” was shouted in the plane’s cabin.

    Reports conflict as to the success of the emergency slides which did not apparently deploy perfectly, and some people jumped from the plane. There were 8 injured, one with extreme fractures.

    Evacuation was reported to be in more than twenty seconds. (though I interpret that to mean that the evacuation began within twenty seconds of landing—one can hardly picture 137 passengers and six crew members making it out of a disabled plane within twenty seconds.)

    The interior of the plane smelled like some kind of fumes, and the pilot was described as being in shock.

    Although the English video says otherwise, the flight originated In Bahrain, and landed in Kochi.

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    Air India: False alarm?

    What: Air India Airbus en route from Delhi to Jammu
    Where: Delhi
    When: August 3, 2011
    Who: 122 passengers
    Why: After takeoff, the pilots noticed an emergency alert, and returned to Delhi where they made a safe landing. The plane was inspected, and the flight continued.

    In George’s Point of View


    This alert may be an indication of bad reportage, or bad aviation safety practices; I don’t know which, but it is one or the other. When there is an alert, reputable airlines usually go over the plane with a fine toothed comb until the problem is located.

    But according to reports, the alert was immediately determined to be false, and the plane went right back out to make the flight. Reputable airlines usually fly in a replacement plane to take over the flight so the plane with the problem is cleared.

    So. Either this plane was sent out too soon, without a thorough inspection. Remember, Air India has an acknowledged safety problem. Are they playing Russian roulette with their passengers’ safety?

    Or. The reportage does not make it clear that another plane was flown in.