Originally Posted by
happybiker
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.
But what are the implications for public policy?
Is this a rogue event in the sense of being a real one off? Or is it the tip of an iceberg?
And if the latter, how does the regulator enforce the requirements around hire or reward? Even the definition of 'an operator' seems to have been challenged in this case.