Court of Inquiry
Extracts from Report by Justice R C Lahoti
Para 4.6.
During the course of proceedings the court had an opportunity of studying ATS in Moscow and London and compare the same with those in India. The court also gathered information about organisational set up of aviation institutions/ establishments/ functionaries in India and their problems, difficulties and shortcomings. Though unconnected with the accident under inquiry, the court has gone into these matters, as they are ultimately associated with aviation safety in general.
Para 4.7.
In the field of aviation, flying and (air traffic) controlling are the two most important aspects and the other support services must take only a second place. It is, therefor, necessary that both these activities being complementary to each other are offered adequate opportunities to grow side by side to rise to the occasion. In the case of civil aviation, it is seen that whereas the government's responsibility towards provision of Air Traffic Services is total, its role towards flying is limited to performance of regulatory functions; the investment in aircraft being left to the operators (various airlines). With all good intentions the Indian Govt adopted open sky policy but the same has remained lopsided in the sense that it resulted in mushrooming of airlines thereby bringing about tremendous increase in air traffic without matching additions to ATC infrastructure. This has landed us in an unhealthy situation. The reasons are not difficult to find. Unfortunately in our country ATC is being treated like any other service and its true significance is not being recognised. Accordingly, its development has been far from satisfactory. The court has formed this opinion by comparing it with that existing in UK, Russia, and USA. Whereas India may not succeed in achieving similar standard (for want of resources) as prevalent in these countries, there is no harm in borrowing their concept and learning from their experiences. There is no denying to the fact that for proper growth of civil aviation in the country, the ATC has to be given a special place in the scheme of things or else country will continue to lag behind.
Para 4.49 Organisational set-up
Para 4.49.2
It is thus evident that in the organisational set up of civil aviation, changes has been too frequent and the Govt have not been able to evolve a long term aviation policy which is badly needed for proper growth of the aviation industry in the country.
Para 4.49.3
Accepting that AAI has now been made responsible for the provision, promotion and efficiency of ATS it is considered desirable to examine its organisational set up with regard to ATC. In this organisation, the highest post which an ATC professional can fill up is that of Executive Director (Air Traffic Management) who is placed under Member (Operations) who in turn reports to the Chairman, the Head of the Organisation. Interestingly, Member (operations) need not be an ATC professional. Thus operationally ED (ATM) does not even have direct access to the Chairman which is quite necessary. Thus in the hierarchical set-up, this important limb (it may be proper to term it as the most important operational element) is not adequately represented.
Para 4.49.5
It thus follows that ATC should not only be well represented at HQ level but also be in a commanding position at the regional level and downwards. Unfortunately it is not so in the organisational set up of AAI. ...Placing these units under technical heads who are, in fact, required to provide and maintain necessary equipment/infrastructure to support ATC is bound to lead to deterioration in maintenance standards and delays in the installation of new facilities. For effective and efficient functioning of ATS the user (ATC) must not be subordinated to the provider or else there will be compromises. In UK and Russia, where the court was able to visit London ATCC and Moscow ATCC respectively the aspect highlighted above is well taken care of. There is therefore a strong need to have a re-look at the system in India and re-organise the same to accord proper recognition to ATC. Creation an independent ATS organisation on the pattern of NATS in UK could be the answer.
Para 4.51.1
It is felt that the profession does not enjoy due recognition and the respect it deserves. This is probably the root cause, which is leading to discontentment among the air traffic controllers. The ATC job in present day environment is highly specialised and complex and demands utmost dedication. The personnel employed on these duties, therefore, need special consideration in all respect. It goes without saying that whereas the responsibility of a pilot-in-command is limited to the safety of his aircraft and passengers on board thereon, that of the controller extends to all the aircraft (and passengers) under his control at any given time.
Para 4.51.2
From the foregoing, it is thus evident that ATC is a unique job and its comparison with any other is uncalled for. It needs an identity of its own. Once that is accepted in principle, the disputes arising between the ATC Guild (India) and the authorities (Govt/AAI) could be amicably settled. In this regard, the Court is inclined to suggest de-linking of ATS from the normal organisational set-up and create an independent ATS structure to be governed by altogether different terms and conditions.
Para 4.39
ATC Workload Saudi counsel contended that Radar Controller on the day of the accident was overworked and this factor might have contributed to the accident. This argument was denied by AAI counsel. Notwithstanding the arguments, the Court had already carried out a thorough examination of various transcripts (ATC tape and inter-com) and come to the following conclusion: -
(a) The workload of Radar Controller was definitely excessive. This was due to the fact that traffic intensity was high and only one controller handled both arriving and departing flights. The system of sectorised controlling was not yet in vogue due to certain constraints like manpower was well as equipment.
Para 4.52.3
Inadequacy of proper equipment adversely affected traffic handling capacity of ATC, which was in addition plagued due to shortage of manpower. At any given time there was only one radar controller performing functions of approach controller; this leads to overwork and undue fatigue.
Para 5.2 Findings as to Main issues
(p) Outcome of the investigation by DGCA/AAI into airmiss incidents is not being disseminated to the air traffic controllers from the training point of view.
Para 5.3 Findings as to Incidental issues
(d) In the organisational set-up of DGCA (India) there is no ATC element to oversee ATC aspects which presently fall under the purview of Airports Authority of India.
(e) In the organisational set-up of AAI, the highest post which an ATC professional can fill up is that of Executive Director (Air Traffic Management) which arrangement is not adequate. (Para 4.50)
In India, the ATC profession, which has become highly specialised due to other present day complex flying environment, does not enjoy the recognition and status it deserves.
Working condition at Delhi Airport ATC (present complex) are not upto the desired standards. (Para 4.52)
Working space in the new complex especially with regard to Area/Approach Control, ATC Simulator and IAF element is not adequate to match their functions.
Further in view of the anticipated increase in air traffic, the present number of workstations is not considered adequate. (Para 4.52.5)
In India, there is no system of licensing of air traffic controllers. Also the proficiency standards which are being followed in civil and military ATCs are not uniform. (Para 4.53 )
Para 6.4
Air-ground communications with ATC may be governed as follows:
(a) In general, the emphasis should be on direct pilot-controller communications irrespective of crew composition.
(b) In the terminal control areas, the requirement should be direct pilot- controller communication invariably so as to avoid time lag in compliance of ATC instructions.
Para 6.9
Government of India should create a suitable ATC element at a senior level in the DGCA to properly oversee all aspects of ATC.
Para 6.10
Airports Authority of India should have a Member (ATC) on its Board to look after ATC matters. Regional/Field ATC units should be placed under unified command of ATC cadre.
Para 6.12
Govt. of India should recognise due importance of ATC profession and accord special status to it preferably by examining the feasibility of de-linking ATC from the normal organisational set-up and creating an independent cadre to be governed by separate provisions.
Para 6.13
AAI should introduce sectorisation Controlling in approach control and re-organise working spacer in the Delhi Airport ATC (new complex) so as too match functional requirements of Area/ Approach Control, ATC Simulator and IAF element. The adequacy of planned number of work stations in the new ATC should also be reviewed in the light of anticipated increase also be reviewed in the light of anticipated increase in air traffic.
Para 6.14
Govt. of India should introduce the Scheme of licensing for controllers and make it applicable to military too, so as to achieve uniform standards in controlling.
Thus the recommendations of the Justice Lahoti Committee report clearly brings about the fact
that Air Traffic Services have been ignored, terms and conditions of service of ATCOs' are unsatisfactory and ATC personnel have no say in the matter.
The recommendations further establish that the ATC profession on account of its being peculiar, unique and complex, involving public safety, needs special consideration in all respect.
This consideration, respect and due recognition as has been envisaged in the report of the Honourable Court of Inquiry by Justice R C Lahoti, has not yet been granted to ATCOs in our country despite continuous and ongoing struggle spanning over a decade.
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