PPRuNe Forums - View Single Post - Crew travel priority over paying pax?
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Old 17th Apr 2017, 08:31
  #193 (permalink)  
framer
 
Join Date: Sep 2008
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That's understood AP but......is the Captain completely responsible, not at all responsible, or partially responsible in the United case.
Prior to this event and assuming I was in his/her shoes, I would have thought legally I was completely responsible for Dr Dao's situation but with a strong defence of 'Reasonable Reliance'. Now I am not so sure.
Even though a pilot is deemed to be responsible as pilot in command or second in command, there are still defenses that are recognized by regulation and NTSB case law. Most of these defenses can be characterized as “reasonable reliance” defenses. The question that often needs to be answered in this context is whether the pilot reasonably relied on other crewmembers, air traffic controllers, maintenance personnel,
The above is from a document called "The Pilot In Command and the FAR's"
Written by Associate Professor of Law and Accounting, Mount St. Mary’s University, Emmitsburg, MD.; B.B.A, Iona College, 1981; J.D. Pace University School of Law, 1984. Professor Speciale is a commercial pilot and certified flight instructor.
††Associate Professor of Aeronautical Science, Embry-Riddle Aeronautical University, Daytona Beach, FL.; B.S. University of South Dakota, 1997; J.D. University of South Dakota School of Law 2000. Professor Venhuizen has been an active pilot and certified flight instructor since 1990.
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