#4 (permalink)
IO540
Join Date: Jun 2003
Location: England
Posts: 10,685
If there was a legal liability for writing up defects, most schools would close tomorrow
Many times I was told in no uncertain terms to NOT write something in the logs.
In Australia there is a legal requirement to record all defects (not just serious defects) in the aircraft maintenance release. Of course in general aviation (instructing, charter, airwork etc) this inevitably causes strife with the operator and owner who hate to see defects officially recorded. After all, inspectors could ask awkward questions during a paper-work audit or if the aircraft is suddenly ramp-checked by a diligent inspector. Regretfully the latter doesn't happen very often.
Unfortunately there is no shortage of evidence of pilots being awarded the DCM (Don't come back Monday) for daring to officially record a defect. For this reason, it is a fact of life that most general aviation pilots are exceedingly reluctant to correctly record defects and would rather risk the legal wrath of a flight ops inspector than risk be sacked. This has and always will remain a cancer in Australian general aviation. I suspect the same problem lies all over the world of general aviation and even certain unscrupulous airlines
Not only is there a legal obligation to record all defects in the maintenance release by Australian CAA regulation, but there is also a moral obligation. To deliberately not enter, or hide knowledge of a known defect, may mean the next pilot or student to fly that aircraft will not be aware of a potential time-bomb to his aircraft. This is a contemptible act on the part of the pilot who was well aware of the defect but who chooses not to record it.