Manned Aviation
In investigations for possible criminal facts by persons or organisations in the manned aviation, the PPS sees an assignment to promote the Just Culture for the public benefit. The PPS makes in its policy a distinction between major parties in commercial air transport and general aviation.
The major commercial air transport consists of players which are related to extensive commercial flight operations, such as (the crew of) airline companies, larger airports and air traffic control. The general aviation includes recreative aviation as well as small commercial aviation. As recreative aviation, you may think of pleasure flights with motorised aircraft, glider planes or paramotors, parachute and skydiving. As small commercial aviation, one can think of sightseeing flights, advertising flights and hot air balloon rides.
In judging criminal cases by (legal) persons, the PPS takes the interest of Just Culture into consideration. Just Culture is defined in aviation legislation as a culture in which people are not punished for conduct that fits their training and experience, but where wilful violations and gross negligence are not tolerated. The underlying idea is that people then feel more free to report incidents themselves and that safety measures can be taken partly on the basis of those reports.
The significance of Just Culture is dealt with differently by the PPS in major commercial air transport than in general aviation. The distinction arises out of the general trust that the PPS has in the professionality of persons and organisations in major commercial air transport and the effectivity of the compulsory safety management systems of the organisations. For this reason, the PPS acts more reservedly in the big aviation. The general aviation is much more varied. Not all organisations have a safety management system. Besides, there are private aviators who are not bound to an organisation. However, the relevant aspects of Just Culture are taken into account in all criminal investigations.
In order to promote legal certainty, the PPS has decided to publish the decisions in all cases relating to major commercial air transport and general aviation anonymously.