Originally Posted by
Hipper
I qualify as I'm a member of the public and whilst I've learnt a lot as a result of reading on this case I still fail to see how only having a private licence makes someone an incompetent pilot. Likewise the fact that the pilot's qualification for flying this plane expired a few months before the flight.
Similarly it seems that despite flying at night and a threat of cloudy/wet conditions it seems possible for a VFR pilot with an instrument rating to attempt this flight. I know the AIAB report rightly criticises the pilot for this but I presume the pilot's decision to fly is controversial rather then just plain wrong. A matter of judgement, not law.
You are missing the point somewhat. International and UK regulations require an operator to obtain an Air Operators Certificate (AOC) to be able to commercially operate an aircraft where payment is to be made for carriage of passengers or freight. This is to ensure that operations can be carried out safely in accordance with prescribed standards. The AOC requires a documented system approved by the safety regulator which would cover all aspects of the operation including the airworthiness of the aircraft, qualifications of the pilots and also the competence of the pilots to carry out flights in accordance with standards prescribed in the AOC. This operator did not have an AOC therefore the standards of the operation were not known and as demonstrated by this tragic accident were far below what was necessary to effect a safe operation. As previously said in this thread, this was a rogue operation to avoid the expense that would be required to establish a fully approved AOC.
It is not a matter of judgement. The pilot did breach UK law as prescribed in the Air Navigation Order. 1. Flight at night without the prescribed rating. 2. Carrying out a commercial flight without an Air Operators Certificate.