Crash near Halfpenny Green, Pilot breathalised

[coldair]

From the BBC;

BBC News - Plane crash-lands near Halfpenny Green after fuel shortage (http://www.bbc.co.uk/news/uk-england-shropshire-24594186)

http://stats.bbc.co.uk/o.gif?~RS~s~RS~News~RS~t~RS~HighWeb_Story~RS~i~RS~24594186~R S~p~RS~99237~RS~a~RS~Domestic~RS~u~RS~/news/uk-england-shropshire-24594186~RS~r~RS~http://www.bbc.co.uk/news/uk-england-shropshire-24594186~RS~q~RS~print=true~RS~z~RS~48~RS~

http://news.bbcimg.co.uk/img/1_0_3/cream/hi/news/news-blocks.gif (http://www.bbc.co.uk/news/) Shropshire


19 October 2013 Last updated at 15:21 Plane crash-lands near Halfpenny Green after fuel shortage
http://news.bbcimg.co.uk/media/images/70586000/png/_70586455_plane.png Two people inside escaped uninjured from the crash
A plane made an emergency landing in a field after running out of fuel.
The light aircraft was brought down near Halfpenny Green, on the border of Staffordshire and Shropshire, hitting the ground nose first before flipping over.
One man inside escaped uninjured from the crash, at about 12:10 BST.
Firefighter Mark Weaver said the pilot took the decision to bring the plane down to avoid hitting houses in the nearby village of Bobbington.
'Heavy landing' He said it eventually landed about 400ft (120m) from the nearest house.
Staff at nearby Halfpenny Green Airport were able to free the occupant of the plane before fire crews arrived.
A Staffordshire Fire Service spokesman said they responded to a light aircraft that had crashed on the approach to the runway.
He said: "When we arrived we found it to be in the field. There had been a heavy landing but the pilot was up and walking about when we left the scene.
"He was left with the police and breathalysed."

____________________________________________________________ ___


I'm very pleased that there were no injuries, well done guys :)

But I wonder, is it normal ( or lawfull ) for a pilot in a forced landing to be breathalysed ? Under what legislation would this be carried out ?

I can only presume that this was done by Traffic Police but obviously not under the Road Treffic Act.

What would have happened if the pilot had refused the test, a twelve month ban and a licence endorcement ? Unlikely in my oppinion ?

I wonder what other peoples thoughts are on this, not stirring but a genuine question.


Regards,

a very sober Coldair !

Edit, I should add for clarity that there is no suggestion that the pilot had been drinking.

[Legalapproach]

The relevant Legislation is contained in the Railways and Transport Safety Act 2003.

Section 96 gives a police officer similar powers to those he has under section 6 of the Road Traffic Act in respect of motor vehicles.

Subsections (c) and (d) provide that a police officer in uniform can request a sample if

(c) an aircraft is involved in an accident and a constable reasonably suspects that the person was undertaking an aviation function, or an activity ancillary to an aviation function, in relation to the aircraft at the time of the accident, or
(d) an aircraft is involved in an accident and a constable reasonably suspects that the person has undertaken an aviation function, or an activity ancillary to an aviation function, in relation to the aircraft.


These subsections of the Act do not require that the Officer has a suspicion that the person has been drinking (although there is a separate power, sub paragraph (a), in respect of this).

A refusal to provide a specimen is an offence and a refusing pilot could be punished by way of a fine etc. but a court has no power to remove or suspend a pilot's licence. There is an argument that a court could make a prohibited steps order prohibiting an offender from acting as a pilot but I would have some reservations as to the legality of this as a way of circumventing the lack of of jurisdiction over the licence. I believe it has been done on one previous occasion but I don't know the full facts of that case and it may be that no objection was taken.

Of course the CAA have the power to consider whether a pilot is a fit and proper person to hold or continue holding a licence and they could take action irrespective of anything done by the police.

[m.Berger]

I think he will be in more trouble for carrying a passenger in that because it looks like a single seater Cassutt to me...

[Whirlybird]

Two people inside escaped uninjured from the crash

It says this in the first post here - and also under the photo in the original article if you click on the link.

[Heliport]

Thanks. I missed the photo caption.

I wonder if the caption is correct - the report mentions one occupant.
I find it very hard to believe that it's possible to fit two people into what looks like an early 80's Cassutt. They are tiny aircraft built for racing, and extremely cramped even for just one.

(Edit)

I've also found this on the (local) Express & Star website: Emergency services, including the air ambulance, were called to the crash at Wolverhampton Halfpenny Green Airport in Stroubridge at just before midday.

The male pilot suffered minor injuries and the plane - a lime green Cassutt Racer - was only slightly damaged.

Flight information service officer at the airport Tony Rowlands said the crash had been as a result of partial engine failure.

At the scene, West Midlands Ambulance paramedic Huw Jones tweeted: "Only one occupant of the aircraft, and he's had a lucky escape. Minor injuries only and currently been assessed by our crew."

[Piper.Classique]

Is it considered professional for ambulance personnel to tweet about accidents?
As for the breathalyzer, in France this is standard after any aircraft accident.

[coldair]

Piper,

NO. It is a breach of patient confidentiality for any person employed by the WMAS to post such information and would possibly be classed as a disciplinary issue.

[Unusual Attitude]

No way in hell you'd get 2 people into a Cassutt!

Very well done to the pilot for getting it down with only minimal damage given the speeds involved and the Cassutts lack of glide ability. Always said the Cassutt is the one aircraft I never want to have to forced land.

Regards

UA

[Legalapproach]

Minimal damage? There doesn't seem to be much of a tail left. Still, it'll probably buff out.

[F4TCT]

The flight manual i read during training says in the event of a forced landing, pick a field close to a pub, I would imagine for the alcohol.

So say someone did pick a field with a pub after engine failure and went for a few stiff ones, and then the police came and wanted a breath sample.....:ugh:

Same thing happened to a friend of mine, except in a car - he crashed and decided to open a few tinnies he had just bought to settle his nerves, police came, took his breath and did him for drink drive.

[Legalapproach]

Section 15(2) Road Traffic Offenders Act 1988 raises a presumption that the proportion of alcohol in a driver's breath, blood or urine at the time of the alleged offence was not less than in the specimen. However, the presumption can be rebutted if the driver proves various matters set out at section 15(3) on a balance of probabilities. Thus if a driver (pilot) can establish that any reading was due to post driving (flying) consumption then this would be a defence. In order to rebut the presumption it would be necessary to establish what and how much had been consumed post flight and then call medical/scientific evidence to having carried out a back calculation.

F4TCT, if the alcohol had been consumed in a pub it should be possible for the bar staff to confirm what had been purchased/consumed and it would then be a relatively easy matter for a scientist to carry out the back calculation.

The problem arises when you self administer the alcohol at home as the suggested quantity consumed may well be taken with a pinch of salt (and lime if Tequila!)

[F4TCT]

Fair shout :ok:

[fisbangwollop]

I guess the headlines could have read "Half green plane at Half penny green".......sorry! :)

[Unusual Attitude]

Quiet day at Scottish info?!?!? :E

[dublinpilot]

I find it very strange, the fuss that is being made here about the pilot being breathalised.

Personally I'd prefer that I was breathalised after an accident so that there would be no cloud about that left over me. If you are not breathalised immediately, then that question can always be left lingering.

Alcohol is not the story here. The real story is:

A plane made an emergency landing in a field after running out of fuel.

If he really ran out of fuel.....I just really don't understand these sort of accidents. Running out of fuel is probably the most preventable accident that there is.

[Unusual Attitude]

Might want to take that article with the pinch of salt it deserves.

I also saw another article elsewhere where the FISO was interviewed and qouted as saying that the aircraft returned back to the field with a partial engine failure. That being the case it looks like it gave up on him not far from the runway....

Indeed, here is the link with a better standard of reporting:-

Plane flips over in drama at Wolverhampton airport « Express & Star (http://www.expressandstar.com/news/emergency-services/2013/10/21/plane-flips-over-in-drama-at-wolverhampton-airport/)

Regards

UA

[TheOddOne]

Hi,

LegalApproach mentions the Railways and Transport Safety Act 2003 but I believe that the maximum alcohol limit for those engaged in Aviation is one quarter that for driving on the roads. I think it highly unlikely that the police would routinely carry a Breathalyzer capable of giving a pass/fail at that level.

I am aware of a most unfortunate case, some years ago where I think that a pilot was arrested at a large airport at around 0700 whilst actually on the plane he was about to fly, having failed a breath test, using a Breathalyzer calibrated for Aviation use. At the Police station, as they didn't have an Intoximeter capable of giving readings that low, he gave a blood sample. The lab. weren't informed that it was for an Aviation related test and processed it for the road limit, where of course it came back negative. It is possible that there was residual alcohol from a drink with a meal the previous evening, combined with the body's ability to produce low levels of alcohol itself to just creep over the Aviation limit.

8 hours bottle to throttle simply isn't enough any more. Total abstention for at least 24 hours before flying seems to be the answer. I understand that train drivers are subject to the same limits and are subject to random tests having signed-on for work, a tougher regime than for airline pilots at present.

TOO

[tmmorris]

Kudos to Express & Star for unusually decent aviation reporting.

[fisbangwollop]

UA....Quiet day at Scottish info?!?!?

Very quiet am on days off :ok:

[eglnyt]

I think it highly unlikely that the police would routinely carry a Breathalyzer capable of giving a pass/fail at that level.

Guidance from the CAA back in 2003 was that all breathalyzer units issued to Police are reliable and accurate enough at the Aviation limits to provide grounds for arrest. The machines at Police Stations are also apparently accurate enough for prosecution but guidance in 2003 was that in practice a blood specimen would normally be used for aviation offences. I have seen some consultation documents that suggested the blood and urine option be no longer available but have been unable to ascertain the current practice.

[India Four Two]

I love this understated piece from the Express & Star's report:

Fire crews at the scene righted the aircraft and the pilot, a man in his sixties, got out

Imagine how the Daily Mail would have written that up!

[Legalapproach]

There are a number of preliminary breath screening devices routinely used by the police that are approved not only under the Road Traffic Act but also under the Railway and Transport Safety Act 2003

These include the Draeger Alcotest 6810 GB, The Lion Alcometer 510 B and the Envitec AlcoQuant 6020.

These devices are not approved for evidential use but would provide sufficient information for a police officer to arrest and then require a sample on an evidential device at a police station.

[Stampe]

A student of mine suffered an engine failure on one of his first flights after gaining his license.I was very proud of his forced landing which took place from a late downwind position with very few options open to him.The aircraft was undamaged he was unhurt though sadly the aircraft had to be taken apart to remove it from the field .Airport fire, local brigade and ambulance attended though not required.Local police arrived breathylised the pilot (negative of course) the event seemed to be beyond their comprehension and experience.They then departed, this must have been about ten years ago. General comment from all involved was that the police were of no assistance at all.Best avoid their attendance if possible though I believe the 999 services exchange incidents ,sad that one of the three can potentially cause further grief rather than assist the victim at a stressful time.VBR Stampe

[Genghis the Engineer]

I was at EGTC the day that the late and unlamented Hinton mob pranged a PA38 off the end of the runway (I should say, I have utmost sympathy for the aircraft occupants, but little for the school management).

I counted 7 police cars and 3 fire engines!


Regarding breathalisation, surely a policeman is trained to grab any evidence that may be relevant to any subsequent investigation. Breathalising the pilot seems perfectly legitimate in that light, and if it was me I'd welcome it since I certainly would be sober, and then it would be on record that I was.

A US based test pilot friend of mine had a bad day a few years ago where he wrote off a V22. He went fairly immediately to the flight surgeon and demanded a blood test for alcohol. The FS asked why as there was no suggestion that he'd been drinking. His reply, as I recall, was:-

"No, but by the morning somebody will ask the question, and by the morning, they'll be right".

G

[Sir George Cayley]

A serious aircraft crash requires that the Police treat it as a Crime Scene and gather evidence accordingly.

Alcohol is but one source of ability impairment and night before drug use won't show up on the booz-a-liser.

I've never taken any drugs but I bet some people on here have used weed.

SGC

[ChampChump]

A serious aircraft crash requires that the Police treat it as a Crime Scene and gather evidence accordingly.



Is that right?

[Maoraigh1]

15 years ago a low hours group member went off the runway in our Jodel DR1050 on landing in nil wind. No injuries, but engine shockloaded when it nosed over on the grass.
Although not required at a licensed, active, airfield, the ATC was unsure about this, and notified the police. A traffic car attended. The Group contact and the SATCO were also notified. As I was on holiday, I was the group member to go out.
It would take me 30 minutes to get to the airfield, where I met the SATCO,who was looking for the pilot
We eventually realised the police car was still in the park - and he was in it.
When we approached and tapped on the window, the policeman said he would arrest us for obstructing the police in the course of his duty. We stood our ground, and eventually he allowed us to speak.
The pilot had been breathalised, and then questioned for over an hour as to why the aircraft had gone into an uncontrollable swerve, when the licensed engineer had said the brakes and steering were O.K.