Originally Posted by Lyman #312
In my view, the ball is in the regulator's court
Lyman,
You often evocate law problems. You are right. But they are hard law in aeronautics, and near nothing in the young science of automation.
In my interpretation, some Court have to say what "hand flying" means for the airline, as everything is still secret, or proprietary knowing (to verify!), as no Justice enquiry has been done.
That situation started with the Habsheim case : the lawiers, judges, experts, did never spoke about the definition of automation, responsibility of the engineers who hide important information to the Captain of the flight. They just do not know what it is !
The law (Code de l'Aviation Civile for instance, enforced by the Chicago convention, their annexes, and a lot of Court decisions) give all the rights to the Captain. Compared law exist, and is important, between Captain of an Aircraft, and Captain of a Ship : nearly the same.
The french Code l'Aviation Civile protects the Captain in the independance
of his decisions in flight.
The french Code pénal (criminal code) protects everybody against blackmail, when the airline intimidates the Captain. But HE HAS TO SAY "NO" !
