L.S. this approach is adapted not not only by CASA but many others. Worth a while to note that each jurisdiction will press for its' legislation in case something happens. A movie Flight comes to my mind where an exceptionally skilled Mr.Washington has saved the day and yet went to jail for betraying the public trust. The principle in this particular example is what really matters namely the reason for the mechanical failure causing almost a crash is irrelevant when it comes to scrutinizing the human actions. Some investigators are very keen to connect the dots and call negligence a contributing factor. Does it ring the bell? Last but not least, there's theory and there's the real world with judges, juries and prisons. Any commander out there always thinks bit like a lawyer unlike f/o, nothing wrong with that as it's just a matter of experience. No matter how we feel bout the rules and regs, that's what the lawyers, judges, juries and investigators will go by. The choice is yours.
P.S. Official investigation and media speculation. The likely cause of the crash is a
pilot error, but the investigation is still in progress. Two flight data recorders recovered at the scene are being examined by Interstate Aviation Committee experts.
Moscow plane crash: Carnage caught on camera, investigation in progress (VIDEO, PHOTOS) — RT