Cardiff City Footballer Feared Missing after aircraft disappeared near Channel Island
Richard Dangle,
I find myself very much in agreement with what you have written in your post 2364. I have sent you a PM.
I find myself very much in agreement with what you have written in your post 2364. I have sent you a PM.
Public transport aviation is more regulated for the simple reason that it comes with a duty to protect innocent passengers. Genuine air taxi companies see work lost to cowboy outfits who save money on maintenance.
I doubt Henderson was spending money having the ill fated Malibu checked every week or two . Heat exchangers around aircraft exhaust systems are a well known risk when it comes to carbon monoxide poisoning.
I accept there are many pilots operating N reg aircraft within the rules but the fact remains the motivation is reducing costs.
Grant Shapps is a classic example. He should be setting an example instead of registering his aircraft via a brass plate company run from a small rented house in East Anglia . This is the same company that the Sala Malibu was registered through as are dozens of others in the UK.
As some of you may know apart from holding PPL licences for the last 35 years I am also a retired journalist with a keen nose on smelling a rat.
Shapps is both gamekeeper and poacher and I question why he needs to avoid the registration of his aircraft on the British register in favour of a small operation run by a housewife from a tiny village in Norfolk.
In my opinion Shapps has questions to answer and despite the howls of protest on other sites suggesting a press agenda I feel he should resign.
However given the latest decision by Boris I suspect he will no longer be able to lobby for aviation related companies.
I doubt Henderson was spending money having the ill fated Malibu checked every week or two . Heat exchangers around aircraft exhaust systems are a well known risk when it comes to carbon monoxide poisoning.
I accept there are many pilots operating N reg aircraft within the rules but the fact remains the motivation is reducing costs.
Grant Shapps is a classic example. He should be setting an example instead of registering his aircraft via a brass plate company run from a small rented house in East Anglia . This is the same company that the Sala Malibu was registered through as are dozens of others in the UK.
As some of you may know apart from holding PPL licences for the last 35 years I am also a retired journalist with a keen nose on smelling a rat.
Shapps is both gamekeeper and poacher and I question why he needs to avoid the registration of his aircraft on the British register in favour of a small operation run by a housewife from a tiny village in Norfolk.
In my opinion Shapps has questions to answer and despite the howls of protest on other sites suggesting a press agenda I feel he should resign.
However given the latest decision by Boris I suspect he will no longer be able to lobby for aviation related companies.
Last edited by Mike Flynn; 17th Nov 2021 at 18:39.
We all know why so many aircraft are on the N reg, and it's for perfectly valid reasons. Fixing the G reg is the way to get more people to use it, not punishing the N reg.
Last edited by WHBM; 18th Nov 2021 at 08:52.
Last edited by Mike Flynn; 18th Nov 2021 at 17:28.
The main points of the Sala tragedy were summed up in this part of the report below.
The whole issue of prolonged N registered light aircraft operations by non US citizens will no doubt be explored by lawyers seeking damages for the outcome of the incident . I would suggest the insurance companies will be reluctant to pay out and the buck stops with who?
In reply to Katamarino I was highlighting that the UK’s biggest N trust operation is run from a rented cottage in Norfolk. As a retired journalist I was merely pointing out the tabloid take on the situation. To use generic terms the use of the American aircraft register in the UK is a brass plate operation to avoid meeting the Civil Aviation Authority requirements . I see your aircraft is registered to the same organisation as Henderson’s so I guess you have an axe to grind.
Grant Shapps operates his aircraft through this limited company while he is overseeing the CAA! Is that right?
The final paragraph refers to “grey charters” which is a term that can be used to refer to a number of scenarios outside simple charging passengers for a flight.
I suggest it could also refer to someone owning an aircraft and claiming the costs back via a company. If that person then takes employees in the aircraft as part of their work schedule that could be classed as commercial operations. eg flying employees to a meeting or engaging in air to air photography.
The whole issue of prolonged N registered light aircraft operations by non US citizens will no doubt be explored by lawyers seeking damages for the outcome of the incident . I would suggest the insurance companies will be reluctant to pay out and the buck stops with who?
In reply to Katamarino I was highlighting that the UK’s biggest N trust operation is run from a rented cottage in Norfolk. As a retired journalist I was merely pointing out the tabloid take on the situation. To use generic terms the use of the American aircraft register in the UK is a brass plate operation to avoid meeting the Civil Aviation Authority requirements . I see your aircraft is registered to the same organisation as Henderson’s so I guess you have an axe to grind.
Grant Shapps operates his aircraft through this limited company while he is overseeing the CAA! Is that right?
The final paragraph refers to “grey charters” which is a term that can be used to refer to a number of scenarios outside simple charging passengers for a flight.
I suggest it could also refer to someone owning an aircraft and claiming the costs back via a company. If that person then takes employees in the aircraft as part of their work schedule that could be classed as commercial operations. eg flying employees to a meeting or engaging in air to air photography.
Last edited by Mike Flynn; 18th Nov 2021 at 19:14.
Seems David Henderson is appealing the sentence: https://www.bbc.co.uk/news/uk-wales-59438989
The man who organised the flight in which footballer Emiliano Sala and pilot David Ibbotson died will appeal against his sentence.
David Henderson, 67, of Hotham, East Riding of Yorkshire, was jailed for 18 months after being convicted of recklessly endangering the safety of an aircraft.
His legal team say papers were lodged with the Court of Appeal on Tuesday.
Henderson will not appeal against his conviction.
David Henderson, 67, of Hotham, East Riding of Yorkshire, was jailed for 18 months after being convicted of recklessly endangering the safety of an aircraft.
His legal team say papers were lodged with the Court of Appeal on Tuesday.
Henderson will not appeal against his conviction.
de minimus non curat lex
Seems David Henderson is appealing the sentence: https://www.bbc.co.uk/news/uk-wales-59438989
Start with the regulation which prevents single crew commercial flying from the age of 60….
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Lenient sentencing guide lines
There is a system for anyone to appeal a lenient sentence on the CPS web site. Sorry I cannot post a link.
If anyone feels minded to go down that route. Just saying........!
If anyone feels minded to go down that route. Just saying........!
The judge's sentencing remarks have now been published:
https://www.judiciary.uk/wp-content/...s-12.11.21.pdf
He is sentenced for offences around endangering the aircraft but not for the consequences. He is described as a an experienced Commercial Pilot but so far as I can see no mention is made of the RAF - presumably that point came out in wider evidence during the trial.
Read in its own terms the note is a pretty damning indictment of Henderson and his attitude to operating charters of this type. Ibbotson's failings had been flagged for him by another passenger and by the fact that there had been MOR's regarding (1) an infringement of controlled airspace and (b) runway infringements while taxying.
https://www.judiciary.uk/wp-content/...s-12.11.21.pdf
He is sentenced for offences around endangering the aircraft but not for the consequences. He is described as a an experienced Commercial Pilot but so far as I can see no mention is made of the RAF - presumably that point came out in wider evidence during the trial.
Read in its own terms the note is a pretty damning indictment of Henderson and his attitude to operating charters of this type. Ibbotson's failings had been flagged for him by another passenger and by the fact that there had been MOR's regarding (1) an infringement of controlled airspace and (b) runway infringements while taxying.
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I am thus curious as to why this mature, educated, former RAF man, surrounded it seems by a well-grounded, loving family and many solid friends prepared even to support his character before a judge, would be daft enough to engage in such risk taking, especially when everything you need to keep hidden depends on the known-to-be wayward antics of some under-employed, cash-strapped gas-fitter?
Human beings (all of us) are nowhere near as smart and evolved as we think we are. We all suffer from the effects of confirmation and cognative bias as well as a ton of other physcological phenomenons. I recommend Daniel Kahneman's "Thinking Fast and Slow" as a must read for anybody who wants an insight into how close we still are to our cave dwelling forefathers in terms of rational thought.
Everyone here will have seen our fellow human beings do incredibly, incomprehensingly dumb stuff for no apparent meaningful reasons. And most of us will hold our hands up and admit we have done the same - I know I have. A lot of the time, the thing that has the biggest single influence on any given outcome is simply pure luck.
Background, education, IQ, life experience etc - no matter how blessed one might be in those departments - offer no guaranteed immunity to irrationality, poor choices and bad decisions.
That's why humans need rules, laws and structures. In some occupations, we need a lot of them.
Last edited by Richard Dangle; 28th Nov 2021 at 10:31.
This is a person who made a considerable business out of flying long range ferry flights in single engine light aircraft, such as across the North Atlantic in Cessnas and Pipers, and in fact made a TV programme about it. If that's not risk taking I don't know what is. In contrast, crossing the English Channel in a higher-end single must have seemed trivia itself.
Everyone here will have seen our fellow human beings do incredibly, incomprehensingly dumb stuff for no apparent meaningful reasons. And most of us will hold our hands up and admit we have done the same - I know I have. A lot of the time, the thing that has the biggest single influence on any given outcome is simply pure luck.
Summed up perfectly.
Btw. one of the biggest Online Platforms exists mostly out of this (Yout*be), to prove your point.
Read part 91!
Before posting about what 14 CFR part 91 allows and does not allow people should actually read it. Part 91 is applicable to commercial operation and there is no prohibition on being single crew conducting a commercial operation over age 60.
Please stop referring to commercial operation in general when the point you want to make is in reference to a very specific subset of commercial operation.
Please stop referring to commercial operation in general when the point you want to make is in reference to a very specific subset of commercial operation.
de minimus non curat lex
Before posting about what 14 CFR part 91 allows and does not allow people should actually read it. Part 91 is applicable to commercial operation and there is no prohibition on being single crew conducting a commercial operation over age 60.
Please stop referring to commercial operation in general when the point you want to make is in reference to a very specific subset of commercial operation.
Please stop referring to commercial operation in general when the point you want to make is in reference to a very specific subset of commercial operation.
Commercial operations were not permitted by either the FAA, EASA, or UK CAA.
Licensing was based predominantly on EASA regulations.
It is as much an academic discussion here on PPRuNe that pilots aged 60 or more, under EASA, cannot fly single crew commercial operations.
He was illegal on multiple fronts, convicted & jailed for 18 months.
Now appealing the sentence.
Last edited by parkfell; 28th Nov 2021 at 16:39. Reason: syntax
Avoid imitations
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The age limit of 60 applies to single public transport operations, which the type of flights under main discussion are. Generally speaking, if you approach an AOC holder and buy a seat, it’s public transport.
Deterrent needed?
Well, if it is deterrent you seek re' grey chartering perhaps this legal upgrade affecting Europe's coach and road haulage industries from February 2022 may bring hope:
" 7. Joint liability of shippers
A joint liability principle was introduced, whereby shippers can be held liable for the infringements committed by the hauliers they use where they knew or ought to have known the transport services they commissioned involved infringements. "
Were AOC law to include a similar principle it would become easier for CAA, etc, to go after all those in the background, at least in future cases. Perhaps more importantly the deterrent effect could well be significant, instantaneous and all at minimal cost.
Just a thought...
" 7. Joint liability of shippers
A joint liability principle was introduced, whereby shippers can be held liable for the infringements committed by the hauliers they use where they knew or ought to have known the transport services they commissioned involved infringements. "
Were AOC law to include a similar principle it would become easier for CAA, etc, to go after all those in the background, at least in future cases. Perhaps more importantly the deterrent effect could well be significant, instantaneous and all at minimal cost.
Just a thought...
" 7. Joint liability of shippers
A joint liability principle was introduced, whereby shippers can be held liable for the infringements committed by the hauliers they use where they knew or ought to have known the transport services they commissioned involved infringements. "
Just a thought...
a. There are a few successful prosecutions based upon the “Joint liability “ principle outlined above.
b. See an example of how it might be framed in UK law.
The phrase “ought to have known “ would give me cause for concern and thus lead to yet another law on the statute book that is never applied.
YS
de minimus non curat lex
If not already done, the CAA legal dept need to explore the concept of Joint Liability so that when the likes of football agents etc need to hire an aircraft, they know full well that an AOC operator is the only option.
Perhaps when the MPs get involved, the Department of Transport can give ‘direction’ to the CAA to draw up proposals for new legislation.
PPRuNers might consider writing to their MPs, and Grant Shapps, Secretary of State for Transport with your concerns.
Perhaps when the MPs get involved, the Department of Transport can give ‘direction’ to the CAA to draw up proposals for new legislation.
PPRuNers might consider writing to their MPs, and Grant Shapps, Secretary of State for Transport with your concerns.
So who might have been jointly liable here ?
Henderson ? Ibbotson ? McKay ? McKay Junior ? Southern Aircraft Consultancy ? Cardiff football club ? The CAA for looking the other way ? Sala ?
Seems like a route to lawyers' riches.
Henderson ? Ibbotson ? McKay ? McKay Junior ? Southern Aircraft Consultancy ? Cardiff football club ? The CAA for looking the other way ? Sala ?
Seems like a route to lawyers' riches.