Airbus Faces Charges Over 2009 Rio-Paris Crash
mayberry42 writes "A French judge filed preliminary manslaughter charges Thursday against Airbus over the 2009 crash of an Air France jet — opening a rare criminal investigation against a corporate powerhouse. The order from Judge Sylvie Zimmerman targeting the European planemaker centers on the June 2009 crash into the Atlantic of an Airbus A330 bound for Paris from Rio de Janeiro, killing all 228 people on board."
Forgive me for not knowing much about French law, but what happens if a corporation is found guilty of manslaughter?
Can specific people be held accountable, is there a fine against the company, etc?
There's no -1 for "I don't get it."
The article doesn't say how many engines were on this plane.
Anyway, what happened is that the software failed and gave bad readings. This seems to be cautionary tale regarding the limits of human engineering, and, of course, it'll always be humans who are doing the engineering.
It also brings up the scary prospect of problems in the software and sensors of a nuclear power plant.
I'm not a lawyer, but I play one on the Internet. Blog
It seems that this is more a way to get the company to recover the black box and/or answer what really happened to cause the plane to crash.
It has to be, because they don't even know what caused it.
It doesn't *have* to be humans that are doing the engineering, does it? Couldn't we, at some point in the future, have AI performing engineering?
Granted at this stage of technological process it seems a bit far fetched, but that may not be the case in the future. If computers are driving cars and winning game shows, there could be some point where computers can not only initiate engineering tasks, but solve them and perform QA as well.
There's no -1 for "I don't get it."
NOVA ran an episode recently about the all manner of crazy coincidences piled on top of each other - one storm hiding behind another, supercooled water plugging all the pilot tubes, fly-by-wire software that wasn't quite ready for a "no airspeed" input, pilot tube upgrades scheduled but not yet performed...
Sometimes airplanes crash. Proving criminal (I'm assuming negligence) behavior is going to be tricky, at least until they find the black boxes and can prove what caused the crash.
No folly is more costly than the folly of intolerant idealism. - Winston Churchill
Snapped the fucker right off, just like in Queens. This carbon fibre crap sucks...
It would be interesting to apply the same politic to car constructors
You have to ask though, what if AI improves the AI? Is that different than if a human does it?
If AI programs are capable of identifying, solving, and verifying the solution to a problem, how is that different than humans doing the same thing?
Sure, you could say "well that's still the work of humans." But isn't that just as fatalistic as saying that *human* destinies are predetermined?
There's no -1 for "I don't get it."
This is the result of a computer controlled fly-by-wire airplane having a cascade failure.
Glass cockpits are pretty and they really take a load of the pilot for a lot of things, but there is such a thing as to much of a good thing
If it is every factually determined what little chunk of silicone or line of code brought airplane down it will be studied in depth and hopefully they designers will learn something. But one thing is clear, in their rush to make everything digital and get those damn pesky analog instruments the hell out of there, they have taken away many of the pilots most reliable tools to do the one thing they are there to do which is fly the fucking airplane!
There are two ways to fly an airplane, by reference to the ground or using instruments.
In the middle of the night, over the ocean, in a storm you do not have reference to the ground so you have to use your instruments, that is if they work.
To keep a plane in the air, without reference to the ground / horizon a pilot needs a very few things and the are:
Now even without an airspeed indicator, most or the presumptions were a frozen and clogged pilot tube, you can still get a good clue about airspeed with nothing more then throttle setting. The attitude indicator tells you climb and dive left or right bank and the altimeter is obvious. With everything else dark, a pilot should be able to keep a plane in the air.
My educated guess is that when the whole interconnected and interdependent system went down they lost the ability to control the engines and the ability to move the aircraft's control surfaces and after that it was just over.
This is why Boeing for years always ran a hybrid system. The basic control over the airplane was not interdependent on anything and were separate systems that would accept input from the flight computer and make things like autopilot and all that possible while still keeping everything independent from all the other systems. It made for a pain in the ass system but the flight computer taking a shit would not keep the pilot from controlling the engines or other critical systems.
Unfortunately pilots listened to anymore and neither are engineers. MBA's are running airlines now and all they care about is reducing the head count, cramming more people into the planes and increasing the buck made per mile so they can get 8 figure salaries. This is why Boeing's trusted and proven hybrid system is in it's last throws or is gone completely because AIRBUS sells the bling baby and no CEO wants to be caught short on bling baby!
Hey KID! Yeah you, get the fuck off my lawn!
On one hand, if it turns out to be gross negligence, then someone (or I guess in this case, the company's finances) should be held responsible. On the other hand... flying somewhere is probably safer than taking the bus there. Do they hold a manslaughter charge every time there's an incident with a bus?
Do like you would with real people. Give the company "jail" time. Don't let them buy or sell for three years.
Yeah, that's really fair on all the employees who are now jobless through no fault of their own.
It's as crazy as sentencing a statue to prison time. It might make the more credulous citizens, and their frenzied tabloids, feel that justice has been served (jail_population += 1) and gives them a baddie to focus on, but in reality it's a pointless exercise and achieves nothing.
Companies are made up of employees - right up to the top, and shareholders. Impose a penalty on a company and the employees will suffer (both the tiny minority - usually 1 or 2 - who did something wrong) and the thousands of "innocent bystander" employees who were only guilty of being on the same payroll. The shareholders will generally take a slight, tax deductable, loss and carry on as if nothing had happened - or, since most shareholders are pension companies - everyone's: yours and mine, pensions will be slightly lower as a result.
Of course, it's still not as stupid as fining a public body: who's income comes from government in the form of the taxes we pay. That's just money going round in circles. Where nobody wins except the lawyers on each side. What we need is strong, forensically reliable audit trails for every policy and decision. Discover the names of the people who made and approved them, then send them to jail. After all, they're the ones making the big bucks, it's time they started carrying the responsibility their getting paid so well for.
politicians are like babies' nappies: they should both be changed regularly and for the same reasons
The consensus on the PPRuNe forum is that this amounts to a discovery process.
The sub-thread starts on this page.
There are some long and technical discussions of the flight leading to no more conclusions than we've seen out of the BEA. A thorough reading, however, gives you some appreciation for the problems BEA is facing given the paucity of information that is available. There are two threads if you go looking. One got too long and was retired. It contains some interesting weather data I've not seen elsewhere.
{^_^}
French law is Napoleonic law and it is extremely strict on the concept of "innocent until proven guilty".
Those that I know from France, and those that I know that took goverment classes in French Universities (but were not French) say that their legal system is much less innocent until proven guilty than ours. Is England just that much worse, or am I misinformed? It is a fairly small sampling, but they are educated people. Ours being American (in the USA sense).
Wikipedia seems to have a decent overview.
http://en.wikipedia.org/wiki/Napoleonic_law
It seems that both Napoleonic and Common Law declare a suspect innocent until proven guilty. According to the wiki article the guilty until proven innocent charge seems to be made due to the ability to hold someone in custody prior to trial when the charge is serious, ex murder. To be honest I am a little confused as to how this differs from the US legal system where a murder suspect may be denied bail. Perhaps it has to do with the right to a speedy trial? I'm just guessing. Maybe its merely anti-Napoleon propaganda from centuries ago? Maybe its really a reference to the reign of terror during the French Revolution (if so that's a shame since Napoleonic Law seems to prohibit such abuse)?
The only thing that reliably motivates behavior is the structure of incentives. Senior management's bonuses must suffer and shareholder dividends and investments must suffer when a corporation commits serious criminal offenses. Yes some shareholders may be innocent "widows and orphans", retirees, etc but the risk of losses should make them a little more careful about where they invest. Perhaps the risk will incentive shareholders to pressure the board of directors to do its jobs of oversight, representing the shareholder's interests. Regarding employees, perhaps fines could only be paid from bonus pools, retained earnings, etc and not operating funds where payroll normally comes from -- yes I'm not quite sure how to implement this particular concept, accounting tricks to work around this would need to be criminalized.
By the way, they don't know what happened. They never found the black box or anything like that.
Actually they do have something "like that". The aircraft computers automatically sent diagnostic messages including alerts of various system failures to Air France via satellite. Think of it as text messages. I believe these messages document pitot tube flight data failures and the disengaging of autopilot and autothrust systems. This led investigators to construct reasonable theories of loss of control and to replay these failures in a flight simulator to evaluate crew responses and standard procedures.
It appears that the A330's software works fine. The indications and reversions that the software reported over the data link are consistent with a mechanical failure (possibly caused by freezing) of the Pitot-static system.
Without airspeed data the A330's autopilot and auto throttle disengaged, and the flight control system reverted to a mode known as "Alternate Law" where most of the restrictions are eliminated. We know that this happened because the aircraft reported it over the data link before the crash.
The unfortunate reality is that the reversionary modes on the Airbus flight control system are dangerous because they tend to occur at the worst possible times - when there are multiple sensor or computer failures or when the sensors give readings that are outside the operational limits of the control system. In this situation the flight crew has to react quickly and they are often faced with inadequate, contradictory, or confusing instrument readings.
It is possible to maintain a safe airspeed in an Airbus without the Pitot-static system. The problem is that the pilots need to notice the issue (loss of airspeed data) and react before things get out of hand. It appears that the Air France pilots were unable to do so.
Once again, Slashdot is over a day late on news. Imagine that.
Get your act together. Slashdot used to be THE source for tech related news. Now it seems more like a RSS feed of other news sites, but hours late.
I am french. What is a speedy trial ?
In France, we have slow trial, very very slow trial and almost never ending trial.
We have also trial that ends because suspects death before the end of the trial.
It's a bit like car ownership.If my car is involved in a crime (someone gets killed by it, right down to a speeding ticket) I am held responsible for that action until I deliver up the person who was driving it at the time. Sure, it's a guilty until proven innocent approach, but the whole innocent until found guilty thing is essentially a myth and has always had many, many loopholes, exemptions and workarounds.
What that "buck stops here" approach would mean is that the people at the top would have a very strong motivation not to be found liable, either by direct action or inaction - or even the "I was not aware of what my deputy was doing" defence.
politicians are like babies' nappies: they should both be changed regularly and for the same reasons
At least in ths US companies are like people, they have rights, can make political donations. The main difference is that public companies have a legal obligation to make as much money as possible, people don't.
The same rules that give companies free speech let them be held liable for things.
For starters, even though the flight-recorder black boxes are not found, there was telemetry of the autopilot and autothrottle disengaging. There also were numerous incidents with the A-330 prior to the accident where the airspeed sensing pitot tubes iced up, resulting in the same syndrome in the autopilot and other controls.
As to the trained pilots in the simulator, these were a pair of instructor pilots -- sort of like the squadron leaders rather than the line troops. And yes, there is a procedure to follow -- the stream of messages regarding the autopilot and autothrottle disengaging is to be recognized as the syndrome for the pitot tubes being plugged, and you are supposed to fly the airplane by pitching the nose up and by adding power in prescribed amounts. This wastes fuel, but the airplane is stable that way without having to know your air speed.
So in a perfect, crash-free world, the A-330 would have pitot tubes that don't ice up. Or when the pitot tubes ice up and the computer program senses that airspeed is gone, that program would automatically apply the procedure of nose high and add throttle. Or instead of bombarding the pilots with alarms, a soft male voice would announce, "I believe we have lost the airspeed indication, Dave. I am sorry Dave, but I am disconnecting the autopilot. Please pitch up 5 degrees and set power at 85%."
Or the pilots would have had more intensive training on responding to this type of failure. The training syllabus spends lots of time on engine failure, and a pilot who cannot respond to engine failure gets flunked out of a license and a job. Do line pilots get any simulator practice on this kind of instrument failure or is it "look these fault codes up in the manual when they happen"?
Finally, this scenario is just NOVA's interpretation. Maybe right after the autopilot disengaged, the pilots were blinded by a lightning flash and could not see the flight instruments. We just don't know.
But just like the Wisconsin Governor and allies ragging on public employees, it is so easy to make judgements about other people and how they are supposed to do their jobs. There is a vocabulary for this: union members "feel entitled", Airbus pilots are "spoiled." Opinions are expressed on what others ought to do. Slashdot posts ought to use standard punctuation. I, for one, say this name calling ought to stop . . .
I know no plane design is perfect, and all manufacturers have had their share of crashes but I will never forget the bumper-sticker-sized signs on the two pilot's bags on a flight to Japan (in a Boeing 777): If it's not Boeing, I'm not going
It's stuff I've heard from recent times from people in France, so I doubt it has anything to do with propaganda.
Perhaps there is less protections equivalent to our 4th and 5th amendments, and as you said holding before what may not be a rush to get to trial.
I just assumed it had to do with burden of proof, as that's where I think of innocent until proven guilty.
Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
How luck of you.
In Brazil we have the almost never ending trial and the versions where trial ends when the suspect dies, or the trial ends because the crime prescibes (the latter one restricted to people that can pay good lawers).
How does one gets to implemnt the slow version of trials?
Rethinking email
That's all very well and good, but shouldn't this be a civil matter, not a criminal one? Especially since there is no evidence of gross negligence on the behalf of Airbus?
I've abandoned my search for truth; now I'm just looking for some useful delusions.
Has it been determined with any certainty that the crash was caused by something Airbus did or didn't do?
There are some theories floating around but they are vague at best and does NOT point to any errors in manufacture or design that Airbus knew should have been different in some way.
My best interpretation of the theories point more to pilot failure in face of a technical malfunction. Sure the autopilot might have been nonoperational and some instruments gave incorrect information but that shouldn't prevent a decent pilot from manually flying level and straight until either the malfunction fixed itself or they got some visual bearings. They were flying east so as soon as they got out of the storm they should see the beginning daybreak straight ahead.
"For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
Maybe this was not the best translation, and maybe these phrases have a cultural meaning that is not apparent, but the codes seem to lean in favor of the defendant: ... and mandated the court to appoint the defendant a lawyer if the defendant did not have one (failure to do so rendered the proceedings null)."
"... the juror's oath explicitly recommended that the jury did not betray the interests of the defendants, and took attention of the means of defense
That said it does not seem as explicit as "guilty beyond a reasonable doubt", but hey, I'm just looking at a wiki article.
As I read the translation it essentially says "Defendant was given an opportunity to defend, and the defense was at least thought about"
I'm curious if they need unanimous or simple majority, and what the actual burden is (but not enough to look into it). I'm also curious about the ability to not self-incriminate.
Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
OK, I did look into it briefly, it actually looks like presumption of innocence (and by extension the ability to not testify against oneself) is actually a French concept.
So I guess when people say it's different there, they are really referring to less right to a speedy trial, or some slight less protections during the investigation phase (note, this was pre 9/11), which reads the same as here in the USA.
Either over-site, or probable cause (defined as an immediately present witness right after the crime) is needed for search or arrest. Trials presume innocence.
Interestingly in France defendants and their family cannot be put under oath (which i don't know if it means they can lie, or that they cannot testify, or it is like in the US, but poorly described). Answers to unanimity and burden of proof are not answered (in the US there are many different burdens of proof, with "beyond a reasonable doubt" being used for criminal proceedings, but "preponderance of the evidence", and "Clear and convincing evidence" being used in the civil system. Also, simple majority, vs super majority, vs unanimous is not addressed, which is also kind of key.
Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
I think you forgot the kind of trial that ends when all the *witnesses* die...