In the Interim

1 week ago 10

The recent plane crash incident involving a Philippine Air Force FA-50 fighter jet piqued my curiosity about proposed changes in the structure of the Aircraft Accident and Incident Investigation Board (AAIIB).

Prior to their retirement, Transportation Secretary Jaime “JJB” Bautista and Civil Aviation Authority of the Philippines (CAAP) Director General Capt. Manuel Antonio “Skee” Tamayo were working on restructuring AAIIB, a requirement of the International Civil Aviation Organization (ICAO).

Before I proceed, allow me to share this interesting tidbit about light planes. Did you know that light aircraft, unlike their larger counterparts like the A380, do not have a black box? This electronic device uses a specific algorithm to record all flight data information.

For example, the four-seater Robinson R44 light helicopter that crashed into a creek in Brgy. San Miguel, Guimba town in Nueva Ecija in February. However, it does have an emergency locator transmitter (ELT), an essential safety device that emits a distress signal in the event of a crash. The ELT, usually switched on manually, facilitates location and rescue/retrieval operations.

Now, back to AAIIB. Changes to the board are necessary to comply with ICAO protocol, of which CAAP is a member. An agency of the United Nations, ICAO manages and regulates international air navigation, supporting the safe, secure, sustainable, and efficient operation of international civil aviation.

In the Philippines, the regulatory, airport operator service provider, and accident investigation functions all fall under one government agency—CAAP. However, in other ICAO member countries like the United States, civil aviation accident investigations are the sole responsibility of the National Transportation Safety Board.

Given that CAAP is a regulatory body, ICAO has expressed concerns about the independence of AAIIB. This is due to the possibility of CAAP influencing investigation results.

The independence and objectivity of an investigating authority are crucial to the effectiveness of such investigations, ensuring they remain free from undue external influence or conflicts of interest.

As a regulator, CAAP faces a conflict here. This is where ICAO’s concerns arise. It mandates the establishment of an independent accident investigation authority.

This requirement underscores the need for member states to separate accident investigation functions from their civil aviation authorities. Ensuring a high level of safety in civil aviation is essential to maintaining public confidence in the air transport system.

Currently, the responsibility for investigating air accidents has been transferred to the Department of Transportation’s (DOTr) undersecretary for aviation. Admittedly, this is not a sufficient solution, as an amendment to the CAAP law is required.

However, due to the urgent need to establish an independent authority specifically tasked with investigating civil aviation occurrences, the recommendation is for Malacañang to issue an executive order (EO) empowering the DOTr Secretary to appoint an executive director to head the investigative body.

This is an interim measure, pending amendments to Republic Act (RA) No. 9497, the law creating CAAP. This separation will address ICAO's recommendations and reinforce the credibility and effectiveness of the investigation processes.

The draft EO is currently under review by the DOTr legal section before being endorsed to Secretary Vivencio “Vince” Dizon for Palace approval.

Now, as promised, here’s an update on the DOTr revamp following the courtesy resignation call by Mr. Vince. I was anticipating a seismic shift, but the latest I've heard is that Mr. Vince is conducting a sort of musical chairs, with one official previously assigned to planning now heading the track line.

As the wheels of management turn, I pray that Mr. Vince will be judicious in selecting his team, enabling the DOTr to deliver on its promises in line with the President’s vision.

Good luck, Mr. Vince.

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