I am not disputing that there can be a change in the air, I sit by people who have been trained to take command if I am incapacitated, even the cabin crew are trained to deal with such an event.
But at the end of the day, this is all interpretation subject to opinion and you can never win the argument because it is not in black and white in the ANO.
Even if the CAA came up with an answer in a letter and prosecuted a pilot he would have the right of appeal in a higher court and if he won the CAA ruling would be invalid.
If its not black and white in the ANO its subject to interpretaion and thats a job for qualified aviation lawyers.
We have been discussing the pilots order book at the school with a solicitor who is learning to fly, he commented.
If you hire an aircraft out you are entering a contact with the school (company), if part of that contract is a requirement to sign and abide by the pilots order book and you subsequently failed to abide by the pilots order book the company could bring a civil action for breach of contract providing that what the pilots order book said is fair and reasonable and does not violate any law.
Our POB states that the commander must be decided before flight and that the commander is the hirer unless receiving instruction for the grant or renewal of a licence or rating with a qualifield school instructor. It also states that the commander must book out etc and sign the tech log etc..