Helicopter pilot saves fixed-wing pilot - Unbelievable sequel! (NOW UPDATED)

[topendtorque]

Congratulations to the FI involved a good lesson for his students. (All students)
Here is a few notes for the hapless CP to peruse. I knew that bound assistance for aircraft or vessels in distress related back to the Titanic, only because a distant rellie of mine (step grandfather) had informed (berated) me with such.

He had been a rad-tech responsible for fitting radios on board ships, sail the first voyage with it and instruct the crew in the operation and repair there-of. They used have one frequency only for all comms worldwide, a situation that extended well into the Great War as far as I am aware.

On that fateful night he was on a ship of the same company as Titanic’s and on watch, listening and relaying all night. The ship he was on was too distant to assist and next morning he put the story in the ships daily, roneoed paper.

He was summonsed to the captain’s cabin and told in NO uncertain terms that it was, a) preposterous and b) impossible and therefore he should withdraw the story. Of course when the ship berthed some days later there was no record of apology forthcoming from the skipper.

I guess each contracting state (in this case Britain) can do a search of their rules of the air and see where the Chicago convention and other agreements apply.

I certainly am aware as most everyone would be, that there have been actions against rescuing ‘enthusiasm’ when later it was found that, a) the ‘rescue’ contributed further to a medical condition and b) that no immediate threat to the victims life was then apparent. But in this case with a trained person on the job, it should be bollocks to that. I think the arguments would centre on the ‘currency’ of the medical qualification.

Here below is a sample of a few minutes at Google, all the best to flying lawyer etc. and yes happy to add to the hat should it be needed.
Surely an apology must soon be forthcoming from the owners / chiefs of the outfit involved, perhaps a return form of disapproval (MOR?) from the CAA to the CP and AOC holder.
TET

International Wireless Telegraph convention 1903 (Berlin)

Article 9

Wireless telegraph stations are bound to give absolute priority to calls of distress from ships, to similarly answer such calls and to take such action with regard thereto as may be required.

Regulation pertaining to Aerial Navigation, ParisOct 13 1919(superseded by the Chicago Convention)

Article 22
Aircraft of the contracting States shall be entitled to the same measures of assistance for landing, particularly in case of distress, as national aircraft.
Article 35
(c) The use of wireless telegraphy in air navigation, the establishment of the necessary wireless stations, and the observance of international wireless regulations.

Chicago Convention 1944 (This is our bible, well as far as my naïve impression extends)
Article -25
Aircraft in distress
Aircraft in Each contracting State undertakes to provide such
measures of assistance to aircraft in distress in its
territory as it may find practicable, and to permit,
subject to control by its own authorities, the owners
of the aircraft or authorities of the State in which
the aircraft is registered to provide such measures
of assistance as may be necessitated by the circumstances.
Each contracting State, when undertaking
search for missing aircraft, will collaborate in
coordinated measures which may be recommended from
time to time pursuant to this Convention.


SOLAS Convention 1914 (safety of life at sea) - in response to the Titanic
Article 34
says ships with radios fitted must maintain a listening watch
and
Article 37
says that ships are bound to respond to distress calls etc, etc.
ps, I tried to copy but I guess the doco was a picture copy.