Originally Posted by Your dudeness
does a bank make a pilot trying to land in gusting tailwinds about three times over the limit with a swept wing jet ...? After the first attempt was already unsuccesful ?
.When pilots do stupid things we may ask "WHY?" Experience showed me that most people -included not very smart or low educated pople, but very smart and high educated too! - do stupid things in command of an aircraft puting a threat on their lifes because they do not feel free because -what I'm calling- an excess of system mind. They are glued in a system they think it is mandatory to obey without using their brain.The "do-the-mission syndrom" happens when they no more understand where there own stupidity starts and where mission must be done for benefit of truth, freedom, Country defence and respect of known personal technical limits
The question is then :"who controls actually the aircraft in that letal adventure and how?"
So I first questioned statistics if they could suggest an answer.
It is an old question I had first after the Sainte Odile crash report discovering that the Air Inter A320 belonged to a Japonese society... Creative accounting has limits too. Nobody asked any question.
In another crash (Quiberon Be1900) other garbagge appeared where you ask who has the responsiility and who is the real operator whose responsibility is limited by the Warsavia/Montréal Treaty. The passenger buys a ticket to the operator not to the pilot. I found it strange too that victims went to the Court against pilots instead against these ones who contracted transport with them. If pilots did something stupid the operator not the victims should do a judicial action against pilots if they want it.
Who is Who?
You are right : don't always search another responsibility .
I don't ask more regulation, but respect of the regulation (or perhaps change it if needed by better regulation).
The most important rule to respect is : "The Captain has the decision, he must stay free"
Design, Owner, Operator have to respect that most important rule. When we list the crashes, knowing or not knowing what happened, so many times the Captain was "missing". I would be estonished if Bubbers44 should desagree.