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B.2.2. Intentional violations

B.2.2.1. Personal optimising violations

Personal optimising violations occur when an individual intentionally breaks safety regulations for personal gains. This might be done to achieve personal goals such as getting jobs done earlier for longer breaks, or generating more income.

International Example: Operating in the Dutch Caribbean, the pilot of a Britten Norman Islander took on passengers for a full load of his aircraft. The loadsheet reported precisely the maximum take-off weight. During the flight, one of the engines stopped. Instead of flying to the nearest airport, the pilot thought he could reach his destination airport on one engine. However, the aircraft was overloaded because it was company customary to estimate the weight of the passengers at 167 lbs per person.

As it turned out, this was a routine underestimation. Even if the aircraft was overweight, the pilots put in the maximum take-off weight in the papers to formally stay (or would appear to stay) within regulations. The aircraft crashed in the sea. All passengers escaped and survived. The aircraft sank to the botten of the ocean. The pilot, most likely rendered unconscious because of the impact with the water, was killed.

VNA Example 1: On flight VN1620 UIH-HAN, the pilots proceeded to move the aircraft without clearance signals to go from technicians. This is especially dangerous to ground staff and the aircraft. However, the pilots provided incomplete accounts and omitted facts, which led to the report being not indicative enough of the seriousness of the situation. The incident was only clarified after a report by the Middle region airport with the incident recorded on tape attached. Afterwards, VNA had to provide a detailed report to CAA of the incident.

VNA Example 2: Disabling auto-pilot, auto-thrust for manual training

During landing approach of flight VN1612 PXH-HAN, due to good weather conditions, flight crew disabled all automatic system for manual training. This does not follow procedures of SOP and FCTM. The aircraft’s landing was at low speed and too high nose level, leading to damage to the tail of the aircraft.

VNA Example 3: In the past, on flights nearing Tet holiday time (Vietnamese Lunar New year), aircraft TU134 used to carry fireworks as cargo. This may cause potential explosive risks on the aircraft.

B.2.2.2. Personal routine violations

Personal routine violations occur when individuals intentionally violate safety regulations repeatedly.

International example: A 51-year-old British Airways flight attendant was fined and terminated after she was found to be more than 10 times the legal alcohol limit while working on a flight from Singapore to England. She was reported to have been going through a bad divorce and was drinking on occasions at work, albeit there was no indication that the alcohol was affecting
her work.

B.2.3. Reckless behaviour

Reckless behaviour occurs when an individual or a group intentionally violate safety regulations and may potentially cause great safety risks, while being aware of the effects and potential consequences of their dangerous behaviour.

Although this behaviour category is rare in a high risk industry such as aviation, this can usually count as a case of sheer recklessness. Gross negligence can be considered to be a part of reckless behaviour in aviation.

International Example: A senior pilot with Cathay Pacific Airways has been sacked for an “unauthorised low-level flypast” of a new Boeing 777-300ER in Seattle. Cathay Pacific then issued a notice to all cockpit crew reminding them of the company’s policy for conducting fly-bys. The pilot’s co-pilot, who ‘is understood to have taken instructions from the Captain to have been unaware that the fly-by was unauthorised’ was suspended from training duties for 6 months.

VNA Example 1: On 08/06/2010, a tank truck was left unattended, which drifted into the tail of aircraft ATR72. The truck was parked in an illegal area and did not have hand break on. This caused the aircraft to be AOG for a long period of time, in addition to causing expensive tail repair cost. The incident happened despite a similar accident occurred with another aircraft B777 on 09/05/2010 was investigated, reviewed and made aware throughout the system.

VNA Example 2: Taxi before technician’s confirmation:

During flight VN1620, after starting the engine and disconnecting communications with technical staff, the flight crew proceeded to move the aircraft without confirmation from the technicians. This is especially dangerous to technical staff and the integrity of the aircraft. The technicians had to displace to the front to remove themselves from the aircraft’s path.

VNA Example 3: Passengers deliberately open the emergency exit, despite reminders from instruction videos and the flight attendants’ instruction on only opening at their request.