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Cardiff City Footballer Feared Missing after aircraft disappeared near Channel Island

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Cardiff City Footballer Feared Missing after aircraft disappeared near Channel Island

Old 23rd Jan 2019, 14:44
  #161 (permalink)  
 
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If it was a Wingly transaction - quite possible but not confirmed, they have the following on their website:

EU safety regulations only permit cost-shared flights by private individuals, if the direct cost (i.e. cost directly incurred in relation to the flight, e.g. fuel, airfield charges, rental fee for an aircraft) are shared between all parties, including the pilot. Cost-shared flights shall not have an element of profit. If a flight is not a cost-shared flight in accordance with EU safety regulations, the flight will be qualified as a commercial flight and commercial air operation rules will apply.

The cost-shared flight will be conducted under the sole responsibility of the pilot under the applicable regulation for non-commercial flights with light aircraft by private pilots. It is also the pilot’s responsibility to ensure the flight is insured for flights with passengers. See the Insurance page: https://en.wingly.io/index.php?page=...page=insurance

Bad weather conditions are a primary reason for accidents in non-commercial General Aviation flights with light aircraft. Weather conditions can change quickly, as a result the pilot may cancel the flight. Therefore, the day before the actual flight, the pilot should inform the passenger of the weather forecast regarding the feasibility of the flight. The presence of the passenger on the day of the flight and their expectations that it will take place, shall not make the pilot reluctant to cancel a flight.
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Old 23rd Jan 2019, 14:45
  #162 (permalink)  
 
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Originally Posted by Mike Flynn


Try telling that to the family of the terrified passenger who died in this accident. Clearly whoever put pilot and passenger together in this chain of events carries some responsibility?
I try to stick to the facts and can see this with an open mind and ask many questions, but we "forumgang" can not be the pilots Judge.
Facts are pretty well known by now. The front was predicted and actual.
Type of aircraft for this type of flight is problematic too. => See point "b" of previous post.
All the rest is paperweight for the courtroom.
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Old 23rd Jan 2019, 14:45
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Of course Wingly is based on EU oversight and this was an FAA, US-registered aircraft operating in EU airspace
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Old 23rd Jan 2019, 14:46
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"Carrying responsibility" ¿ Or not ?

Originally Posted by Mike Flynn


....Clearly whoever put pilot and passenger together in this chain of events carries some responsibility?
Which brings me, at least, back to my previous post re Cork accident.

There was an extremely long drawn out and meticulous investigation there.

To the best of my knowledge, nobody has yet borne any legal responsibility whatsoever for a case which involved a regular scheduled flight, flown by an EU carrier (well "sort of") between 2 member states without any of the more obvious elements of danger which have been highlighted here.

Is there any reason, a priori, to think that this case will be different.
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Old 23rd Jan 2019, 14:50
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The presence of the passenger on the day of the flight and their expectations that it will take place, shall not make the pilot reluctant to cancel a flight.
Oh my goodness. Was there ever such few words that have run through the minds of a pilot as they wished they were 'down there' rather than 'up here'?
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Old 23rd Jan 2019, 14:57
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Sort of a tangent, but I've read plenty of accident reports with up and up charters in very capable aircraft where the pilots had some very sketchy (dodgy as you guys would say) piloting backgrounds: lost jobs, washing out of training, failing checkrides. And hey, anyone can blow an IR checkride, but I'm talking a history of failed rides and being relieved of their job for lack of ability. And they latch on somewhere else because there is always a need for pilots.

I just wonder if the pilot shortage is going to make this worse and worse. And these things like Wingly are just accidents waiting to happen. The traveling public truly has no idea. I have a very close friend who has done quite well for himself, he flies private now and again. I tell him, whatever you do, never, ever take the lowest bid. Get the most reputable company your ca, and really, just fly commercial if you can.

The longer I'm around aviation the more I realize how little the traveling public knows about issues that directly affect their safety.
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Old 23rd Jan 2019, 14:58
  #167 (permalink)  
 
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Originally Posted by anchorhold
Yet using the 'Wingly' principle, as long as this is a cost sharing and by that I mean the pilot contributes something towards the flight even though it is a few pounds, the UK CAA see this as legal. If it is hire and reward, then it is simply illegal. Flying for 'expenses', is another complex issue.
I have a feeling that "cost sharing" on the road in that way might be frowned upon by the authorities.



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Old 23rd Jan 2019, 15:00
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Spec for aircraft says it had no ADS-B, no suprise for that
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Old 23rd Jan 2019, 15:04
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The issue of Wingly was covered in an earlier thread under 'Instructors and Examiners'

As Whopity stated:

The following statement is from the CAA's website and authored by Tony Rapson Head of GAD
Quote:
Opportunities for UK private pilots to clock-up more flying time have greatly increased with the emergence over the last few years of online services such as Wingly and Coavmi. For a fee, these companies offer to connect general aviation pilots with passengers who are willing to share the costs of a recreational flight - fuel, landing fees etc. Until recently, pilots could only share those costs with friends or fellow flying club members, who all had to chip in.
I have an email from Dianne Park at the Air Regulation Enforcement Dept in which she states that Wingly is perfectly legal.

Other countries like France have applied a bit more common sense than the UK CAA and specified pilot experience requirements for such flights.

Whopity goes on the state that the contribution from the pilot need only be one pence.

Like Fireflybob, I had originally thought that it was cost sharing equally divided (1/2. 1/3, 1/4) until corrected by Whopity, who seems to be credible source over the years on PPRUNE.
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Old 23rd Jan 2019, 15:10
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Originally Posted by clareprop
I am very sorry for the families involved but I dread to think where this is going to go.

Just put the fact that Mr Sala was a £15m signing to one side for a moment, I wonder who on this board would allow a loved one to fly across the channel in an unknown 35 year old single-engine piston a/c, in winter, at night with no mode c using the services of a part-time pilot?
Once again, the innocence and lack of knowledge of the non-flying public puts them at risk.
Where did you get the idea that they had no ModeC on this aircraft?
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Old 23rd Jan 2019, 15:17
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Someone mentioned earlier that he was on an IFR plan.
What height would they allow him down to around there whilst remaining IFR? I was just there yesterday but can't say I looked at that information other than MSA at EGJB was around 1500' in the North and West.
The ILS into EGJB starts at 2000' and he wasn't far from the IAF. Around 15nm or so from EGJB.
Surely he wasn't planning to cross the Channel at MSA?

I think the discussion with ATC about the decent will shed a lot of light on this. The guys are usually really good and would potentially query the choice as it's odd.

If he was VFR.... My law knowledge regarding single engine ops is a bit patchy, but I believe there is no commercial vfr night ops for single engine piston. However, do these rules apply to N registered aircraft?

It's upsetting to think that I was sitting down to enjoy a nice meal, with a brand new light business jet sitting on the apron, while this was all unfolding for him.
A few thousand more £ and he'd be training with his mates in Cardiff right now. Footballers are regular customers of mine.
We were certainly available at the time.

If the agent organised this for him, he needs to be strung up.
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Last edited by lilflyboy262...2; 23rd Jan 2019 at 15:46.
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Old 23rd Jan 2019, 15:21
  #172 (permalink)  
 
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Originally Posted by runway30
So a football agent involved in the deal says I’ll lend the lad my aircraft together with a pilot/gas engineer he uses occasionally. No money changes hands other than the money in the football deal. The pilot is legal to fly Nantes/Cardiff. Although reckless, the single engined aircraft is legal to fly over water on a winter night. Now tell me what you would change to stop this happening?
And if the Agent does indeed own the aircraft as reported then I suspect that is exactly what happened. A private flight and poor Sala had no idea about the risk he was taking in accepting the "kind" offer from someone he knew.
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Old 23rd Jan 2019, 15:38
  #173 (permalink)  
 
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Originally Posted by fireflybob
I'm not intending to be political but is the relaxation of cost sharing rules due to change to EU regulations? Maybe if or when we Brexit the UK CAA could change the legislation which I see as too lax. I hate to say this as the last thing I want are more restrictions but surely passengers need more protection?



I say this without prejudice but it could be if the right lawyers get hold of it. I wonder what type of life insurance the passenger (and indeed the pilot) had as the insurance companies regard private flying as a high risk activity which is excluded from cover unless you pay extra premium.
Insurance experts on here have said that private flying would be covered. Surely for the sort of bespoke contract we are talking about here, you can include anything in the cover. I know from my own experience that once you start removing the exclusions, you get hefty premiums added.

There are a number of possible outcomes
1) Cardiff City insured him and paid a premium for private flying
2) Cardiff City were reckless and didn’t insure him
3) Cardiff City were reckless, they did insure him without paying a premium for private flying, then lost control of his travel arrangements
4) Cardiff City have lost £15m and will sue everybody.
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Old 23rd Jan 2019, 15:39
  #174 (permalink)  
 
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If the agent organised this for him, he needs to be strung up.
I should think losing a £15m premiership footballer like this would be concentrating his mind somewhat
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Old 23rd Jan 2019, 15:44
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Originally Posted by runway30
I share the sense of outrage at this stupid loss of life. However, can you tell me what you would ban/regulate to stop it happening?
That's always the kneejerk response. Something bad happens, jobsworths and armchair experts fall over each other looking for things to ban, regulate, and bury in paperwork.

Situation (we think): Complacent pilot makes bad decisions, drives plane into water. That's his responsibility, and he's had the ultimate punishment for it.
Problem: He had someone innocent with him that did not know the risks.
Solution: Tell people what the risks are.

The fact that this is all over every newspaper and website is a good start! What a lesson. Everyone in the country knows not to take a SEP over the Channel in bad weather in winter. Even the decorator who's painting my walls just now brought it up today.

If there was going to be any regulation, how about this. Any private pilot taking a passenger must email them a list of all the ways this flight is more dangerous than a commercial jet, together with a photo and summary of a related accident.

eg:
This aircraft does not have anti-icing equipment.
This aircraft does not have TAWS. TAWS warns the pilot when the aircraft is too close to the ground.
This aircraft does not have TCAS. TCAS is a collision avoidance system.
Your pilot is not IFR qualified. This means he/she can only fly where they have a clear view ahead and of the ground. Flight through clouds is prohibited.

...etc. And if the passenger still wants to go ahead, that's their risk.
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Old 23rd Jan 2019, 15:48
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Daily Mail Report

I note that according to this report the pilot is 60. Whilst I have nothing against older pilots per se and notwithstanding that this might have been a "private" flight I believe the maximum age for single crew commercial operations under EASA is 60 years.
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Old 23rd Jan 2019, 15:51
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Can't post a link but it appears the pilot posted a video on YouTube in 2017 relating to Skydive Jersey. Search on "Dave Ibbotson". Of course, it could be a different Dave Ibbotson but the association with sky diving would be a bit of a coincidence.

If true it may be an indication that he was at least familiar with flying in the CI area.

Edit: as this is my 10th post I can now post the link -

Last edited by CBSITCB; 23rd Jan 2019 at 15:55. Reason: Add link
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Old 23rd Jan 2019, 15:52
  #178 (permalink)  
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The more I think about this the more angry I become that cost sharing rules are able to be bent in this way. For the sake of a few quid, and let’s understand that the football ‘Industry ‘ is swimming in the stuff, this likeable young man on the threshold of a sparkling career has been snuffed out.

The pilot too. Poor man was way way out of his comfort zone and probably flying illegal IMC, without the back up or experience to know when or how to say ‘no’.

Some utter idiot thought this crazy scheme was a good idea. Whoever that was needs to suffer whatever sanctions the law can apply. Sadly it is probably zero. And I suspect that whoever it is will still sleep well and shrug it all off.

Someone asked earlier ‘what can be done?’

I say a lot. Get these flag of convenience aircraft on the G register and regulate the private sector properly to protect all parties!

Througjout my flying career I was amazed that most of the unwashed think a ‘private pilot’s licence’ is what we all use, no matter the type of flight. They will never educate themselves or ever be in a position to meaningfully risk assess their decisions in this field.

So so the CAA must do it for them. And quickly.

😡
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Old 23rd Jan 2019, 15:52
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Also on this type of flight there is usually the human factor element of the pilot being under pressure to complete the mission. Non aviators often do not understand that flights sometimes have to be cancelled due weather etc. It's best to explain right from the onset that it might not go ahead and ask the passenger(s) what their plan B is. This primes them up if you have to cancel on the day.
I used to warn my prospective passengers with the adage "time to spare, go by air"
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Old 23rd Jan 2019, 15:54
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... and a class one medical and ECG every six months!
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