Re: A/C off the runway in CPH
Empty Cruise “… where do we stand legally?"
Not being legally qualified I cannot say, but having been on the correct side of the dock in the aftermath of an accident, I can only share my opinion as above.
Again, from my experience, lawyers only offer advice.
If all data is advisory the debate might be whether the pilot is the best person to make the judgment, and then probably not to make that judgment in the air.
Current contaminated runway operations involve a higher level of risk than that accepted in normal operations. The regulatory authorities appear to accept this, although there is evidence that not all of them understand the risks (see Tribo’s posts). The advice that would assist pilots in making their judgment in those situations that change the basic risk assumed by the authority and ops manual, appear to be weakly presented and poorly disseminated.
Some of the best advice that I have seen is in AIC 61-99 “Operations from contaminated runways, by all classes of aeroplane, should be avoided whenever possible”.
If your lawyer gave you that advice, what would your decision be?
“These conditions are encountered by pilots all over the world every year - and we're all able to operate safely under these conditions”.
This is a misnomer; accident statistics show that overruns now contribute a high proportion of hull losses or major damage (not fatalities) and are of growing concern to the industry (and insurers).
A safe operation is a relative term; you are safe until you have an accident. In addition, public perception (heightened awareness in the press) often determines ‘safety’.
Remember that members of the public form the jury.