LAWYERS acting for relatives of the victims of the Clutha disaster have called on Scotland’s Charity Air Ambulance (SCAA) to have a rethink after its latest helicopter was launched without a black box data recorder.
SCAA has upgraded to a larger, faster and more powerful EC135 T2i, the same model of aircraft which crashed into the roof of the Clutha Vaults bar, killing the pilot and two passengers as well as seven people inside in November 2013.
In its report into the accident the Air Accident Investigation Branch (AAIB) recommended that all future police helicopters be fitted with cockpit recorders, but the new air ambulance will operate without one.
The £3.3 million aircraft will be deployed to medical emergencies across Scotland and will enter service within a fortnight once crew training is completed.
But Jim Morris, a former RAF pilot and aviation law expert at law firm Irwin Mitchell, said: “While this helicopter will have been ordered before the findings of the AAIB report into the Clutha tragedy were released, in light of the findings it must be hoped that black box equipment will be fitted in due course.
“The Clutha tragedy and the subsequent investigation has demonstrated why black box equipment can be so vital on aircraft. The lack of such equipment on the helicopter involved has meant our clients continue to have so many questions regarding the crash which may never be answered.
“The AAIB report, which recommended that the CAA requires all police helicopters be fitted with data capture and FDR (flight data recorder) equipment and that EASA (European Aviation Safety Agency) should mandate that the same equipment be fitted to emergency medical helicopters, sends out a clear message on the issue.”
Following the release of the AAIB report, the deputy chief constable of Police Scotland Neil Richardson said that flight box equipment would be implemented into police helicopters as standard.
Families of the victims have called for the black box devices to be added to all aircraft in a bid to ensure those affected by any future tragedies have their questions answered, and have said they still have many unanswered questions about the events of the night of November 29, 2013.
The AAIB report said Captain David Traill did not follow emergency procedures after a fuel warning in the cockpit, but was unable to give a reason why due to the absence of a cockpit recording.
Health Minister Shona Robison said that the air ambulance was an integral part of the emergency services as she attended the official launch of the new helicopter.
She said: “This new helicopter will mean that the Charity Air Ambulance can now fly further and faster than ever before. This will help the air ambulance provide an even better service to the people of Scotland who will need it most.”
A spokeswoman for SCAA said that while there was no legal requirement to carry a black box recorder, they had not ruled out installing one in the future.
She said: “Scotland's Charity Air Ambulance (SCAA) is upgrading its helicopter which will enhance the life-saving service we currently provide to the people of Scotland.
"SCAA believe the safety of both their crew and patients is paramount and we welcome any review or discussion which sets out to enhance or protect that.
“We will be consulting with our partners including Bond Air Services and the Air Ambulance Association to review the findings of the AAIB and welcome any recommendations from the regulatory bodies that would improve safety across the sector."
She added: “We look forward to the regulator’s response to the AAIB’s report but it would be wrong of us to withhold our enhanced service in the meantime and our upgraded response service to time-critical emergencies throughout Scotland.
“The EC135 has flown over three million hours all over the world in the last 20 years. The aircraft we are unveiling today will help us save more lives across the country.”
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