Originally Posted by
ShyTorque
EASA has brought us many more rules, making things far more difficult (for those legally plying their trade) to make a living.
However, it seems to have left some large loopholes through lack of enforcement and thus made it easier for those wanting to circumvent both the rules and common sense.
It always has been possible, before EASA and now, for a private flight to take anybody you want on board , as long at it is not a commercial operation . Indications seem to indicate this was not a commercial operation but a private one.
If something goes wrong on a private flight , it is always the PIC who is responsible, not the owner of the aircraft or "the usual pilot" .
the decision to fly VFR in IMC, or to file an IFR flight plan when you are not qualified lays only with the PIC and nobody else.
Now if you can prove money change hands and it was a commercial operation , there it is a very different story.