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Old 26th July 2009 | 11:47
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Genghis the Engineer
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It's one of the CAA's favourite criminal charges, but as a criminal charge requires proof "beyond reasonable doubt".

In the case stated, I'd ask some obvious follow-up questions:

- Is the aircraft cleared for flight with the door off?
- Is the load within the floor load bearing limit?
- Would any qualified pilot or ground engineer reasonably assume that the 2ft of load stuck out of the door and into the prop-wash would create no significant new downwash blockage or asymmetric drag?

If you can convince a jury (or more likely panel of magistrates) that the answer to all three is "yes", then it isn't reckless endangerment. I'd venture that the last question is the difficult one.

(Shame Flying Lawyer isn't able to talk about this stuff any more, he'd be much better than me on the subject - but for the record I've done 8 aviation court cases as an expert witness, one a defence from a CAA prosecution for just this thing - albeit after a fixed wing prang, and I also studied helicopter design to degree level.)

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