Flying in the Face of Criminalization

Andreas Mateou is the CEO of ALS Aviation Consultancy, VP of Safety and Quality at a major airline in the Middle East, and a Visiting Professor at Emirates University, United Arab Emirates. He is also an A320 Captain and a TRI/TRE with more than 20,000 flying hours and an IOSA Risk Based Auditor. He holds a PhD from the University of Middlesex, UK, a MSc in Aviation Management from the University of New South Wales, Australia, and a Law Degree (LLB) from the University of London, UK. Dr. Mateou started his career as an Airbus A320 pilot and held the position of Safety Manager at Cyprus Airways. He continued his career as a Flight Operations Inspector at the UAE General Civil Aviation Authority, (GCAA), before joining another major airline in the region. Dr. Mateou has written extensively on aviation topics and participated in a number of aviation conferences. He is an Associate Member of ISASI, a member of the Eurocontrol Just Culture Task Force, and has been an aviation safety and legal consultant in a number of aviation litigation cases subsequent to major aviation accidents.Sofia Mateou is COO of ALS Aviation Consultancy and a Professor of law and aviation. Dr. Mateou is currently lecturing at Prince Sultan University, Riyadh, KSA, and is a Visiting Professor at Emirates University, United Arab Emirates. She practiced law in South Africa before returning to Cyprus to start her academic career as a full time lecturer in Cyprus, initially at the University of Nicosia and at the University of Lancashire (UCLan) Cyprus, and later at the University of Abu Dhabi, Abu Dhabi, UAE, and as a guest lecturer at Cranfield University, UK. She holds a PhD from the University of Middlesex, UK and a BA and a Law Degree (LLB) from the University of Witwatersrand, South Africa. As an aviation-legal consultant, Dr. Mateou has participated in several court proceedings against pilots, ATCs, and engineers after a number of high-profile aviation accidents. She was an advisor to the Cyprus Air Accident and Incident Investigation Board (AAIIB). She is a member of the Just Culture Task Force of Eurocontrol and an Associate Member of ISASI. Dr. Mateou is an avid speaker and presenter at international conferences. She has written two books and published numerous articles and chapters on key areas impacting law and aviation safety and security.

• Foreword xiv Preface xvi Acknowledgements xviii About the Authors xix List of Abbreviations xx List of Cases xxiii Chapter 1 1 Chapter 2 What the Black Box Cannot Tell You: : Liability in Law 6 Chapter 3 The Greying of the Black Box: Aviation Accident Investigation 65 Chapter 4 Knowing and Doing 116 Chapter 5 Contrasting Legal Systems 170 Chapter 6 The State of Play 197 Chapter 7 The Way Forward 209 Chapter 8 Cases of Prosecution of Aviation Professionals and Organizations 223 Index 319

“Flying in the Face of Criminalization is a pivotal work in just culture. This book brilliantly bridges the gap between legal systems and safety investigations. It will transform the perspective on how to navigate the complexities of safety in a litigious world. It’s a must-read for anyone in the safety and judiciary field, offering invaluable insights. Highly recommended!”Tony Licu, Head of DTO-Digital Transformation Office and CTO-Head of Technology Division, Eurocontrol“Sofia and Andreas Mateou deliver an exceptional work in Flying in the Face of Criminalization. Their unique blend of research, professional expertise, and industry insight provides clarity on the complex relationship between law and aviation safety. A must-read, it empowers professionals to navigate accountability while fostering stronger safety leadership.”Tzvetomir Blajev, Director Europe and Global Operational Safety, Flight Safety Foundation“Flying in the Face of Criminalization is a landmark contribution to aviation literature and an indispensable resource for professionals at every level of the industry. Drawing on decades of hands-on experience and academic expertise, the authors illuminate one of the most urgent challenges in aviation today – the complex intersection of safety and criminal liability. This book not only analyzes the issue with clarity but also empowers the aviation community to transform concerns about liability into proactive safety leadership. It is a must-have reference for aviation managers, policymakers, and safety leaders worldwide.”Abdulelah Felemban, EVP Safety Investigations & Research, The National Transport Safety Center, KSA“Flying in the Face of Criminalization is essential reading. It highlights the risks of criminalising air accidents and incidents, and the lessons to be learned. Clear, authoritative, and timely, and a vital contribution to air safety.”Joanna Kolatsis, Aviation Lawyer, Director, Themis Advisory