Originally Posted by
43Inches
While Operations manuals will vary, it will specify exactly what a supervising pilot will be required to do. What a supervising pilot has to do and what they should do will be specific, what you think they should do is not relevant.
The whole idea of competency based training was that when accidents happen the training file will show what has and has not been taught. The student is required to countersign completed lessons and this shows acceptance of the assessment of their standard. In this case there would be recognition of prior learning/experience, in line with the regulations allowing it and that training also accounted for. Generally above about 15 years of age is an acceptable age to accept responsibility for ones own life. Hence why employment, learning to drive and various other competency based adult activities are allowed.
As I said above the only difference for a person under the age of 18 would be possibly a letter from the parent or guardian approving the activity and signed that they and the participant are aware of the risks and dangers.
So in short once the instructor is satisfied that the student is ready (CBT completed and assessment done), and the student has accepted they are ready (training documents signed) the legalities are done. The supervising instructors only real responsibility then is to ensure that the flight takes place in conditions that the pilot is capable of handling. That is the supervising instructors duty of care.
This was covered in another thread. There have been cases where this has been tested, and the outcome found as above. The law permits a person of 14 years of age to hold a student certificate, you can go solo at 15 years of age and hold licences from 16 years of age. All this talk of duty of care, is taken care of within the required laws. Unless the instructor does something else that is illegal with a person under the age of 18 unrelated to aviation then there is no other duty of care issue in regard to flying training. In any case there are many other things of similar nature that you could get in trouble with persons over the age of 18, so if that is your worry, then don't instruct at all. There's a whole different problem if you were to offer some sort of accommodation aside from simple flight training.
PS the same ATSB/CASA/Police will come knocking for the same reasons if it was a partner, son, father, mother, etc etc over the age of 18 if there was any sniff of negligence.
Just so we're on the same page, are you trying to say an instructor doesn't need to or should not have to stand and supervise a circuit solo student with a radio? Cause all I've been saying is they should. Even if it's not specifically stated in their ops manual.