Originally Posted by
lifeafteraviation
This is something you need to consider if you are a pilot for a small operator and feel pressured to do something dangerous or reckless for fear of losing your job....you can definitely be charged with a crime if things go wrong like this did.
The captain is, at least, fortunate enough to face this possibility. In the Cork accident (which would seem to me to have worrying similarities; pressing on after a missed approach when the weather is outside limits for the a/c), the crew would likely have faced serious charges, had they still been alive.
In both cases, the controller passed weather information to the pilots which was clearly outside limits for the a/c, but the pilots chose to continue
.
I wouldn't want for a minute to place responsibility for these incidents other than at the pilot's door, but I can't help wondering if safety would be enhanced if controllers had a mandatory duty to report suspected serious violations of this nature.
IIRC there was at least one case described here when a UK controller advised a foreign crew that he would be obliged to report them if they continued an approach in weather below the approach ban limits; on hearing this, they quietly went someplace else.