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Old 7th Feb 2008, 17:53
  #30 (permalink)  
GXER
 
Join Date: Jan 2008
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It's absurd to argue that pilots should be immune to the consequences of professional negligence, including possible criminal charges.

At the same time, it's clear that a 'no blame' approach of accident investigation authorities is conducive to further improvements in aviation safety.

I see no inherent contradiction in what I understand is the legal status quo in the UK: the purpose of an investigation is to determine causation without apportioning blame but, once that has been determined, the question of culpable negligence, whether on the part of flightcrew, operating companies and/or others, falls to be assessed by law enforcement authorities.

I can see an argument that CVR should have a legally privileged position of non-admissibility but I don't find it compelling. I do think, in the case of flight crew, that an inherent self-interest in error avoidance can be presumed, and that should influence the charging standard. I hope, in the UK, it would do. The situation in other countries may be different and, since a large proportion of flight crew are necessarily exposed to a variety of legal jurisdictions, I can understand and sympathise with the apparent unease about what does seem to be an increasing propensity to pursue criminal charges.

I hope that cool heads will prevail ....
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