Originally Posted by
Midlifec
It is difficult to put it all together but insurers succeeded in doing so with regard to a claim presented by one owner, when the claim was denied no appeal or fuss was made- probably in an attempt to stay beneath the authorities radar. The CAA need to grow some balls on this subject, listen to the reports, build some factual databases and start knocking on doors- it can be done.
However it may only be done within their remit under the applicable legislation:
Prosecutions
The Civil Aviation Authority is tasked by the Department for Transport to investigate and prosecute breaches of aviation safety rules and some aviation related consumer protection and health and safety requirements.
The Authorities resources for carrying out investigation are limited and as has been pointed out, these are difficult areas to investigate. If you could tie it in to national security issues or importation of drugs or firearms you might get a bit of interest. But it’s relatively low level white collar crime and comes relatively low down the list of priorities. If the figures involved are big enough and substantial loss to the treasury demonstrated then HMRC might raise an eyebrow. That is a body that does have some heavyweight investigatory powers. But the players have very good accountants which makes the task very difficult. Don’t rely too much on the insurers either, if they detect a breach of policy conditions they will refuse to pay out and they will decline cover to previous offenders, but as long as the premium is paid they don’t care.
I have little faith in new, revised or additional legislation. What’s there is usually adequate, it just requires the resources to apply it and as we know those resources are limited. A classic example is UK firearms legislation that has steadily enlarged and become more restrictive since it was first enacted in the 1920s. The law abiding observe it and bear its burden, the criminals ignore it and we still have the one off nutters who commit atrocity.
There are ways of making life more difficult for those who attempt to evade the legislation but it would mean further restriction and considerable intrusion on the activities of those who observe the law.
YS