Contractor's aircrew flying military aircraft

[modtinbasher]

When a contractor's aircrew fly a UK military aircraft, what form of indemnity is in place to ensure that somebody picks up the bill if:

a. He damages the aircraft?

b. Totally writes it off (this has happened)?

c. Ploughs it into the deck causing major loss of life and limb?

[GlosMikeP]

When a contractor's aircrew fly a UK military aircraft, what form of indemnity is in place to ensure that somebody picks up the bill....



There used to be, and presumably are still, specific clearance rules but I don't think they go as far as indemnifying MOD. My memory has thinned on the topic but I think they used to be in AvP67.:hmm: http://www.ams.mod.uk/ams/content/docs/flyregs/avp67.pdf#search=%22AvP67%22

Tucumseh might be able to shed more light, having more recent experience of it than me.

[Ali Barber]

I thought the MOD, as the Government picks up the bill, was self-insuring for its aircraft.

[GlosMikeP]

That was so when I was flying and is probably still true today but given some of the odd changes I've seen otherwise, I wouldn't be in the least bit surprised if it is different now.

[WASALOADIE]

The way things are going it will be the other way around and all the aircraft will be owened by the civilian contractors and flown by the military!

[GlosMikeP]

The way things are going it will be the other way around and all the aircraft will be owened by the civilian contractors and flown by the military!

Quite a number are already, and you're right, more planned.:eek:

[South Bound]

Interesting concept though, what about a mixed slip pattern for the AT guys with contractors flying the Blighty-Middle East leg and then the RAF crew taking it on to the sandy bit? Might help a bit with the availability of crews, won't help with the aircraft thing though...

[John Blakeley]

The contract would normally call up DEFCON 638, which says:

DEFCON 638 Edition 10/04 FLIGHTS LIABILITY AND INDEMNITY

1. In this Condition, the following words and expressions shall have the
meanings given to them below:

a) 'Aircraft' means an aircraft either to be supplied under the Contract
or issued to the Contractor under the Contract and means the complete
aircraft including its engines and equipment.

b) 'Authorised Flight' means a flight, taxiing or Engine Ground Run of an
Aircraft, performed in accordance with DEF STAN 05-100 MOD
REQUIREMENTS FOR CERTIFICATION OF AIRCRAFT FOR AUTHORISED
FLIGHT, for which the Contractor holds a fully completed valid Flight
Authorisation Certificate (Annex A to DEF STAN 05-100) or in the case of
an Engine Ground Run, a fully completed valid Engine Ground Running
Certificate (Annex C to DEF STAN 05-100). Each Authorised Flight
(except Engine Ground Run) shall be deemed to begin at the time the
Aircraft is embarked by the pilot (or where appropriate the first pilot)
involved in the Authorised Flight (ie when the first foot is placed upon
the ladder or access point) with an intent to move the Aircraft under its
own means of propulsion and shall conclude at the time when that pilot
(or where appropriate the last such pilot) has disembarked. In the case
of rotary wing Aircraft, Authorised Flight shall include those occasions
where it is intended to engage the rotors with or without an intent to fly.

c) 'Engine' means the main propulsion engine or engines of the Aircraft.

d) 'Engine Ground Run' means running the Engine in the Aircraft, on the
ground but with no intention to taxi or fly. Engine Ground Running shall
be deemed to begin at the time the Aircraft is embarked by the first
person approved to carry out Engine Ground Running (ie when the first
foot is placed upon the ladder or access point) with an intent to initiate
the Engine starting sequence and shall conclude when the Engine has
been safely shut down.

e) 'Damage' means material damage including physical loss or
destruction and 'Damaged' shall be construed accordingly.

f) 'Personal Injury' means personal injury including sickness or death.

g) 'Unauthorised Flight' means any flight, taxiing or Engine Ground Run
of an Aircraft conducted or authorised by the Contractor, his servants or
agents or the Contractor’s subcontractor or his servants or agents other
than an Authorised Flight.

h) 'Subcontractor' means a subcontractor or supplier at any level of
subcontracting.

2. Notwithstanding anything in DEFCONs 611, 612 and 76, liability for Damage
or Personal Injury resulting from any Authorised Flight shall in all instances be
determined under the provisions of this Condition irrespective of whether such
Damage or Personal Injury is attributable to any neglect or default of the Authority or of the Contractor or of any of his Subcontractors or to any negligence or misconduct on the part of their respective servants or agents.

3. When Damage or Personal Injury results from an Authorised Flight, the
Authority shall accept liability and indemnify the Contractor and his Subcontractors accordingly for:

a) all Damage to the Aircraft or to any property of the Authority;

b) all Damage to any property of the Contractor or his Subcontractors
carried or installed in the Aircraft;

c) all claims by or on behalf of any representative of the Authority
participating in or present at the Authorised Flight; and

d) all third party claims of whatsoever nature;
except as provided by Clause 5.

4. The Contractor shall inform the Authority as soon as is reasonably practicable of any claim made against him for which he is indemnified by the Authority pursuant to Clause 3 of this Condition. The Authority shall, at its discretion, be entitled to take control of the conduct of any such claim, which shall include the right to settle the claim. Where the Authority exercises this right, the Contractor shall do all that is reasonable to assist the Authority in its defence of the claim. In the event that the Authority decides not to take control of the conduct of the claim, and without prejudice to the Authority’s right to take control of the claim at a later stage, it shall promptly notify the Contractor of its decision and shall pay the Contractor’s reasonable costs of defending the claim including the cost of any legal proceedings or action.

5. When Damage or Personal Injury results from an Authorised Flight, the
Contractor shall accept liability and indemnify the Authority accordingly for:

a) all Damage to any property in the care of the Contractor or his
Subcontractors on the ground, whether the Contractor’s property or on
loan, other than that property belonging to the Authority;

b) all claims by or on behalf of any person in the Contractor’s or his
Subcontractor’s employment including the Authority’s reasonable costs
of defending the claim, including the cost of any legal proceeding or
action;

c) all claims by any person on board the Aircraft, excluding those
covered by Clause 3.c). The Authority shall inform the Contractor as soon as is reasonably practicable of any claim made against it for which it is indemnified by the Contractor pursuant to this Clause 5. The Contractor shall do all that is reasonable to assist the Authority in its conduct of the claim. The Authority will consult the Contractor throughout conduct of the claim and, whilst reserving the right to agree settlement, will obtainthe prior consent of the Contractor and or his insurer to this settlement. The consent of the Contractor or his insurer shall not be unreasonably withheld. Consultation with the Contractor and settlement of claims shall not diminish the Contractor’s obligations under this Clause 5.

6. The Contractor shall not conduct, nor authorise anyone else to conduct, nor whilst the Aircraft is within the Contractor’s or his Subcontractor’s control allow anyone to conduct an Unauthorised Flight. In the event of an Unauthorised Flight, the Contractor shall accept liability and indemnify the Authority accordingly for:

a) all Damage to the Aircraft or any property of the Authority or the
Contractor, being Damage howsoever arising, resulting from the
Unauthorised Flight; and

b) all claims whether in respect of Personal Injury or Damage to
property, by an employee of the Authority or of the Contractor or his
Subcontractors or by any third party, being claims, howsoever arising,
resulting from the Unauthorised Flight. The Authority shall inform the Contractor as soon as is reasonably practicable of any claim made against it for which it is indemnified by the Contractor pursuant to this Clause 6. The Contractor shall do all that is reasonable to assist the Authority in its conduct of the claim. The Authority will consult the Contractor throughout conduct of the claim and, whilst reserving the right to agree settlement, will obtain the prior consent of the Contractor and or his insurer to this settlement. The consent of the Contractor or his insurer shall not be unreasonably withheld. Consultation with the Contractor and settlement of claims shall not diminish the Contractor’s obligations under this Clause 6.

7. This Clause 7 shall apply if any Aircraft sustains Damage in such
circumstances that liability falls to the Authority under Clause 3:

a) The Authority shall be under no obligation to have the Aircraft
repaired or replaced.

b) Where the Aircraft which has been Damaged was to be supplied
under the Contract, the Authority shall be entitled either to:

i. accept the Aircraft in its Damaged condition in performance
or partial performance of the Contract and the Contract Price
for that Aircraft shall be reduced by such a sum as is
reasonable, or

ii. require the Contractor to repair or replace the Aircraft. No
profit shall be allowed to the Contractor in respect of such
repair or replacement but the Contract Price shall be equitably
adjusted to take account of the cost of the repair or
replacement and the Contract delivery date for the Aircraft
shall be extended by such period as is reasonably necessary to
allow for the performance of the repair or replacement.

c) Where the Aircraft was issued to the Contractor for the purposes of
maintenance, modification or repair, then either:

i. the Authority shall be entitled to accept the Aircraft in its
Damaged condition in performance or partial performance of
the Contract and the Contract Price for that maintenance,
modification or repair shall be reduced by such a sum as is
reasonable having regard to the extent which, at the time
when the Damage was sustained, the repair or maintenance
was incomplete or further work remained to be done in relation
to it under the provisions of the Contract, or

ii. unless it can be shown to the satisfaction of the Authority
that the Aircraft is beyond possible repair, the Authority shall
be entitled to require the Contractor to repair, or to procure
the repair of, the Aircraft . No profit shall be allowed to the
Contractor in respect of such repair but the Contract Price shall
be equitably adjusted to take account of the cost of the repair
and the Contract delivery date for the Aircraft shall be
extended by such period as is reasonably necessary to allow
for the performance of the repair.

d) When the Contract is a contract which involves the issue of the
Aircraft by the Authority to the Contractor for purposes other than
maintenance, modification or repair:

i. the Authority shall be entitled by notice in writing to the
Contractor to terminate the Contract pursuant to DEFCON 656
so far as it relates to that Aircraft and the sum payable by the
Authority to the Contractor for the work to be done under the
Contract in connection with that Aircraft shall be reduced by
such a sum as is reasonable having regard to the extent to
which at the time when the Damage was sustained that work
was incomplete;

ii. if the Authority requires the Aircraft to be repaired or
replaced such repair or replacement shall be the subject of
separate contractual arrangements;

iii. if the Contract cannot be performed as a consequence of
the Damage to the Aircraft and the Authority does not
authorise its repair or replacement, it shall terminate the
Contract pursuant to sub-sub-Clause 7.d)i.

iv. In all other circumstances the period for Contract
performance shall be extended by such period as is reasonable
having regard to the period of unavailability of the Aircraft and
the Contract terms and conditions, including Contract Price,
shall be equitably adjusted to take account of the unavailability
of the Aircraft.

e) The Authority shall make its decision with regard to its entitlements
under this Clause 7 within a reasonable period of time after it becomes
aware of the Damage and the Contractor shall be entitled to be kept
reasonably informed of the Authority’s progress towards that decision
and any reasons for delay. For the purpose of this Clause, that which is
reasonable shall be established by taking account of all of the relevant
circumstances regarding the cause of, the level of, and the
consequences of the Damage sustained.

8. Subject always to the Contractor’s Subcontractor agreeing to, and complying with the terms of Clause 4 of this Condition as if he were the Contractor, where such a Subcontractor either performs an Authorised Flight or directly participates or assists in an Authorised Flight, he shall be entitled in his own right to enforce the terms of Clauses 2 and 3 of this Condition that confer a benefit upon him.

JB

[modtinbasher]

JB

Cock on my friend. But, although the existence of DefCon 638 is widely known, and indeed the AvP67, I would be highly surprised if all the IPTs who do allow their contractors to fly their ac, have actually invoked the DefCon in their contracts in the form of a specific paragraph........I can distinctly remember some that didn't, and there were some hasty contract amendments made when it was noticed!!

[MReyn24050]

"3. When Damage or Personal Injury results from an Authorised Flight, the
Authority shall accept liability and indemnify the Contractor and his Subcontractors accordingly for:

a) all Damage to the Aircraft or to any property of the Authority;

b) all Damage to any property of the Contractor or his Subcontractors
carried or installed in the Aircraft;

c) all claims by or on behalf of any representative of the Authority
participating in or present at the Authorised Flight; and

d) all third party claims of whatsoever nature;
except as provided by Clause 5."
modtinbasher
I do not think you will find a contractor signing any contract without this DefCon being within the terms and conditions of the contract.

[vecvechookattack]

Check / Check /Check



FFS...what on earth is this thread about..... Hang on a mo whilst I slash my wrists....

[Chris Kebab]

There's a bunch of guys at Boscombe sort all this out called the Directorate of Flying. I presume they are still there. Mix of ROs and serving test pilots and a couple of years back a particularly pompous ATCO. Suggest searching the MoD intranet under test flying or something similar.