It is interesting those who dismiss the responsibilities of a PPL and laud the responsibilities of a CPL. If you are in command you are responsible, I don’t see the category of your licence has anything to do with it.
Following through that theme there are inexperienced PPLs and CPLs. It is more than possible a CPL will not have the breath of experience to consistently avoid making bad calls.
The law allows little discretion of interpretation. As much as there might seem merit in chastising the other pilot, the ANO does not recognise the other pilot as having any authority or responsibility in this scenario. The CAA would therefore be over stepping the mark were they to meat out any penalty on the other pilot. Perhaps there is more of a responsibility on the school to recommend that he avail himself of further training. I wonder if they did so.
In handing down penalties I think there is an argument for weighing up the causes of the incident. In my book a pilot with no instrument training who has read the TAFs and sets off in conditions where instrument flying is likely is negligent and should be dealt with severely. He has knowingly endangered himself and more importantly others. In the alternative, a pilot who properly briefs himself for a flight but becomes lost and is quick to take appropriate action has, in my view, committed a less heinous offence, because he has made a mistake that was not deliberate or caused by avoidable negligence.
It may be the case in this instance that the pre-flight brief fell below acceptable standards. If this were so inevitably you only have yourself to blame. On the other hand, if the pre-flight brief had been adequate and every effort had been made to maintain situational awareness but due to inexperience and inadequate training awareness was lost during the flight the offence in itself would seem less heinous along the lines erst while referred by others that to err is to be human.
The corollary is RTA. If you drive into the back of another car while on your mobile or drunk the penalty will be severe because you knowingly compromised your ability to safely drive the car. If, on the other hand, you were neither drunk or on the ‘phone and for no other reason than an inexplicable lapse in concentration allowed yourself to run into the other car the incident will be treated as an unfortunate accident.
Bose, I think for the reasons I have tried to set out your assessment may be too sweeping. Yes, we should expect a higher standard of flying from the average CPL if only because he has had to pass a more stringent flight test and endured further training. However, if the mistake arose because of a lack of experience and or training perhaps the instructor is less negligent that if he knowingly set off without an adequate pre-flight brief and without making every effort to maintain situational awareness throughout the flight.
Into which camp he fell I am not making any judgement, but I felt it was worth distinguishing between the two camps because whether we be ATPLs, CPLs or mere PPLs each is more than capable of screwing it up, it is just more difficult to excuse screwing it up in consequence of your failing to conduct the flight in a manner than could reasonably be expected of a qualified pilot.