The study is related to the investigation process of an aircraft accident which is related to the National Transportation Safety Board. In the U.S., the American judicial system is characterized by a dualism between state courts and Federal courts, which must be added the Supreme Court of the United States. With regard to technical aircraft accident investigations, NTSB is responsible. NTSB performs diligent investigation of air aircraft accidents occurring in the territory of the United States and performs all sampling pieces of the wreckage, the crash site. It can hold hearings, administer oaths to witnesses and obtain by subpoena or other means that is the witness statements. It is authorized to initiate civil action to justice (U.S. Federal District Court), to support its assignment, the order or notification.
Some people excluding plaintiffs and insurers, which are the main plaintiffs may bring an action for damages being able to provide assistance to investigators (carrier, manufacturer), can also, submit comments and opinions during public hearings. During these hearings, witnesses are called to testify under oath. In any case, plaintiffs can not intervene in the proceeding that is exclusively by NTSB.
Investigation Process of National Board of Transportation Safety
The National Transportation Safety Board (NTSB) was created in 1967 to conduct independent investigations regarding all civil aviation aircraft accidents in the U.S. and major aircraft accidents in other modes. The NTSB does not depend on the Department of Transportation or agencies depend on this ministry. It has no legislative or executive. NTSB investigations are supposed to serve as the improvement of transport safety; the analysis of the facts and determines that the probable cause cannot be used in court.
Technical Investigation
In terms of technical investigation, the process is seen as an effective way as the reason is that;
Only, the “facts” the NTSB report, serve as evidence in civil litigation;
There is no judicial involvement in the NTSB investigation;
Disputes appear that after the publication of the final report.
At the end of the work, after showing what the probable causes were, the NTSB makes recommendations as to the improvement of safety, to prevent the occurrence of a similar aircraft accident. It was not until that moment, that the report is available for the public and parties. It was then that after a “prehearing conference” focus of the program, there shall be a public hearing, described above, after which the parties are invited to submit their conclusions, then, a proposal for a probable cause and safety recommendations to prevent further aircraft accidents (Federal Aviation Administration, 2005).
The “Go Team”
The “Go Team” is the mainstay of investigations by the NTSB. Its purpose is simple and effective: investigating a major aircraft accident by going to the aircraft accident site as quickly as possible and bringing together all the technical skills required to solve complex problems related to transportation safety (Blanchard & Hickling, 2007).
The team may consist of three or four to a dozen specialists, dependent on the NTSB headquarters in Washington, DC ...