I believe there has been a case where an FI was sitting in the back of an a/c which crashed and he was prosecuted for NOT having taken over from the less experienced PPL who was flying. A great situation to be in!!
Can that really be true SAS? Seems totally bizarre to prosecute on the grounds that he/she didn't "take over" when they most obviously could not? Were there mitigating circumstances? Like perhaps a non-current PPL that the instructor allowed to fly P1 whilst he/she sat in the back ... I could understand that
I do remember a case of a glider CFI losing his CFI status for being in a fatal motor glider accident. I could never understand that either, the PPL who sadly died was ASAIR current and P1. The CFI wasn't prosecuted, but the BGA removed his rating as they felt that due to the circumstances of the accident that he
should have taken over
I can see how an instructor may feel under pressure to take over when cases like this occur, but I feel it sets a dangerous precedent. As previously stated, the fact someone has a CPL or is an instructor does not mean they are in any way "better" able to cope with any given situation. They may be ... but certainly not by virtue of licence! I regularly fly with a CPL/instructor friend of mine. If it's in his aeroplane and I'm flying P1.... I'm P1! That said, If the engine stopped, I would by virtue of his experience "on type" hand over control (as we would have agreed beforehand). If he were flying with me in my aeroplane, there is no way he would ever presume to take over control by virtue of his superior licence.... he is far too proffessional for that! He, like any sensible PILOT knows that they cannot always be the one best suited to fly the aeroplane. The time to decide who is P1, how emergencies would be dealt with (and by whom) is on the ground, not under pressure in the air. Any court who decides differently is Mickey Mouse!!!
SS