The essence of this article in swedish media is that since the pilot did not already started to fly, he was not posing a threat to the passengers, disregarding the fact that he was on his way to start flying after exterior controls of the ac.
Can´t see the sense in this. Pretty difficult to establish road blocks in the sky, pulling the plane over, park it on a cloud and let him blow the alco meter...
Google translation with minor adjustments for clarity:
"The pilot who was caught drunk at the Arlanda airport in May this year was acquitted. He had not had time to get start his work, consider Attunda District Court.
The man was caught in a random check.
During an inspection, it turned out that the 46-year-old pilot had a blood alcohol level of 0.96.
"It is not proven that the man had begun a task that was of "substantial importance to flight safety" stated the court.
The man worked at SAS, but is no longer employed. He drank, contrary to the SAS rules, alcohol the night before the flight to Copenhagen. Early in the morning he went to Copenhagen, where it was determined that he would act as co-pilot.
When he walked out of the plane to inspect it, he was met by police who conducted an alcohol control.
It is, according Attunda District Court, clear that the man was too drunk to fly the plane. But to be able to say he is guilty for exceeded alcohol level, it has to be proven that he performed a task "essential to flight safety."
@paparomeodelta you say this in your post:
"[...]he was not posing a threat to the passengers, disregarding the fact that he was on his way to start flying after exterior controls of the ac."
But the article says this:
" Det står, enligt Attunda tingsrätt, klart att mannen var för berusad för att få flyga planet. Men för att kunna fällas krävs, utöver överskriden promillehalt, också att han utförde en uppgift ”av väsentlig betydelse för flygsäkerheten”.
Om han hade påbörjat säkerhetsinspektionen hade han fällts för flygfylleri, enligt rätten. Han har dock själv uppgett att han bara gick ut för att han såg poliserna komma."
Which translated would be: According to the court of Attund it is clear that the man was to intoxicated to fly the plane. But to be convicted he had to, apart from being over the legal limit, have performed a task "of significant importance to flying/air security".
Had he started the security inspection he had been convicted for drunk flying (my own translation ), said the court. But he himself stated that he only went out because he saw the police approaching."
My point being that it seems he had not actually begun the external inspection, or atleast that it's not proven he had. Therefore he isn't convicted, had he done so he had been found guilty.
And since he's lost his job for breaking SAS rules and has had his certificate revoked I don't think we'll find him flying regardless, which I suppose is just as well...
So the intention to fly the plane in this state does not count as criminal offence ?
(I assume he intended to fly the leg as otherwise he'd been smart to hand himself over to police before they come out looking for him) Sounds like he can be convicted only once there is the proverbial smoking hole in the ground.
(I won't discuss here about the 0.096 or the issue that this can arise due to medication etc.)
So the intention to fly the plane in this state does not count as criminal offence ?
No because intent cannot be proven in a court of law as was found out the hard way by the Manchester police a few years ago. Until a person commits aviation there has been no offence. The art is knowing at what point it can be deemed that an offence has been committed which is why British police wait until the person is settled in the aircraft.
What about 'conspiracy before the fact.' There are numerous events, and certainly those of terrorist bombing nature, where they would shoot you to stop the act. That would be a bit drastic here. It is similar to drunk driving. There are grey areas, in that 'being in charge' of the vehicle can also be an offence. Once there was a driver who slept in his car as he was over the limit to drive. having the keys on his person deemed him to be 'in charge' of the vehicle. I assume he was not done for driving. Here the pilot might have to prove he did not intend to fly, but that does not seem to have been necessary. He got done for drunk on duty.
Conspiracy for starters requires more than one person to commit and it requires said people to actually take some preparatory actions before any court would convict, i.e. some level of definite commitment must be proven. Three drunk people around a table talking shit about robbing a bank does not constitute conspiracy to rob a bank. If they go out and start buying appropriate tools then you might have a case.
In the case of the above-legal-limit pilot the defense would argue that his professional and personal conscience might have caused him to exonerate himself (by calling in sick or too fatigued) at the last minute, causing no more than a delay in departure while the reserve was called in. If he had instead already taken his place in the cockpit and was actually going through the engine start checklist than such a defense would most likely get thrown out and you might get a conviction, even if the plane had not yet taken off, as starting the engines will most likely be seen as actually operating an aircraft, as opposed to just doing the walkaround.
Quote:
Here the pilot might have to prove he did not intend to fly
Of course you cannot prove that, it's the prosecution that has to prove that you intended to fly. Waiting until you have actually and unmistakably committed yourself to flying the plane might work better next time. On the other hand, waiting until the plane has started taxing and then stopping it to check the flight crew would be extremely disruptive, I don't think we'll be seeing that actually happen unless extremely suspicious behavior is detected (slurred speech on the RT?)
Sounds like he can be convicted only once there is the proverbial smoking hole in the ground.
Not really, checks are performed on landing as well. Any pilot who tests positive right after landing the plane will definitely get a conviction as well as lose his job and license. That said, not doing preventative checks but only checking after the fact simply because that way you can get more convictions (as if they were some sort of personal trophy ) would in itself be borderline criminal. After all, actually improving flight safety should really be the Number 1 priority...
Hmm. I'd think that a pre-flight walk around would be of substantial importance to flight safety.
He was probably met by police either at the bottom of the stairs or even right at the door, hence he never actually commenced the walk around. I know, we're discussing minutiae here, but in a court of law they're often what decides whether there's going to be a conviction or not.
Law and jurisdiction always amaze me. This event fits neatly into the scheme. Above someone stated that flight safety should be paramount, and this case once again shows that this simply is not the case. They filed a flight plan with the crew involved, and to me that's already sufficient to lock the bars.
There's two pilots, he might not have had to sign anything himself (yet). Point is, we don't really know the details as they were known to the court. I'm pretty confident myself that they reviewed the case very thoroughly before coming to their decision.
In don't wish this guy to be unemployed or even not flying anymore. There are numerous discussions about how to treat crew that have an alcohol problem. I don't want to touch this subject. But if you were to sit on this plane flown by an intoxicated crew member - I am not sure you'd be too happy about it. Putting someone behind bars was meant to imply some sort of punishment (doesn't have to be the proverbial bars, can be any other sort of punishment deemed appropriate).
But filing a legal flight plan being intoxicated and including himself in the crew setup already serves as a criminal offence - IMHO.
), said the court. But he himself stated that he only went out because he saw the police approaching."
) would in itself be borderline criminal. After all, actually improving flight safety should really be the Number 1 priority...
