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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 14th Feb 2019, 18:15
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Originally Posted by Good Business Sense
I think you'll find that most insurers don't agree .
No, no, no! Regulations and laws are made by states, not by insureres. We are talking about legality here. Cost sharing flights (observing the relevant rules) are legal in EASA member countries. How much an insurer has to pay in case of an accident has nothing to do with that.
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Old 14th Feb 2019, 19:52
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Originally Posted by what next
No, no, no! Regulations and laws are made by states, not by insureres. We are talking about legality here. Cost sharing flights (observing the relevant rules) are legal in EASA member countries. How much an insurer has to pay in case of an accident has nothing to do with that.
If flying outside of the parameters of what's insured then that is a legal issue. Technically you'd be flying without insurance.
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Old 14th Feb 2019, 21:16
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Originally Posted by what next
No, no, no! Regulations and laws are made by states, not by insureres. We are talking about legality here. Cost sharing flights (observing the relevant rules) are legal in EASA member countries. How much an insurer has to pay in case of an accident has nothing to do with that.
Its perfectly legal for me to take my car on a track day. But my insurance will be invalid.
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Old 14th Feb 2019, 21:28
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Originally Posted by Arkroyal
Its perfectly legal for me to take my car on a track day. But my insurance will be invalid.
And you'll be a danger to nobody but yourself. Spot the difference.

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Old 14th Feb 2019, 21:30
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If your insurance policy doesn’t specifically exclude legal cost sharing flights, I can’t see on what basis an insurer could refuse to pay. You are flying within the scope of your licence and not in breach of a specific exclusion.
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Old 14th Feb 2019, 23:21
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Originally Posted by DaveReidUK
And you'll be a danger to nobody but yourself. Spot the difference.
But what if you have a passenger on that track day jaunt?
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Old 15th Feb 2019, 00:10
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Originally Posted by SATCOS WHIPPING BOY
But what if you have a passenger on that track day jaunt?
think the point that was being made is that it'd be no danger to the public- a track is private property. A 10 year old could drive a car on a private track- not illegal. Be a different story in a public space
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Old 15th Feb 2019, 00:50
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Originally Posted by what next
No, no, no! Regulations and laws are made by states, not by insureres. We are talking about legality here. Cost sharing flights (observing the relevant rules) are legal in EASA member countries. How much an insurer has to pay in case of an accident has nothing to do with that.
In the event of a claim, if an insurer judges a flight to be commercial when the insured is only insured for private flights, they could challenge the "cost sharing" law (yes the law !!!) and how it is being applied - it will then be judged in court under "case law" / "common law".

Just because a state writes a law doesn't mean to say that it can't be challenged or proved to be improperly constructed - see here for EU/EASA CASE LAW / COMMON LAW application and challanges - https://eur-lex.europa.eu/collection...-case-law.html

For example, in my view, Wingly employes pilots - if pilots don't fly for them wingly doesn't make a profit or have business. For example, Wingly sells gift certificates to people who then give them on to a third party who, in turn, contact Private Pilots who offer to fly them anywhere they want to go at the time they wish to depart - one way, return, IFR/VFR, overnight, international ..... and that's not commercial ??

Last edited by Good Business Sense; 15th Feb 2019 at 01:07.
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Old 15th Feb 2019, 07:06
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Originally Posted by DaveReidUK
And you'll be a danger to nobody but yourself. Spot the difference.
well that’s not right. You could injure another participant or bystander or any number of scenarios. Specific track day insurance is offered by a number of insurers. Either call your existing insurers in advance of the day or go to a specialist who will insure you on a case by case basis.
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Old 15th Feb 2019, 08:07
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Originally Posted by skyrangerpro
well that’s not right. You could injure another participant or bystander or any number of scenarios. Specific track day insurance is offered by a number of insurers. Either call your existing insurers in advance of the day or go to a specialist who will insure you on a case by case basis.
My point was that it's not compulsory to have one's own insurance in order to take part in a track day (I certainly didn't).

But it's illegal to fly an aircraft without insurance.

An aircraft must be insured before it can fly
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Old 15th Feb 2019, 08:11
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Regarding insurance is there a legal requirement to have valid insurance on a "private " aircraft as there is on a motor vehicle?
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Old 15th Feb 2019, 08:19
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Recently Ibbotson's wife Nora and daughter Dannielle were interviewed on television. Nora stated that Ibbotson had a Private Pilots Licence and was qualified to carry passengers. It was stated that he flew purely as a hobby. When pressed about if he received payment Nora, she chose not to answer the question.

What we also know about Ibbotson is that he was a Gas Safe (Corgi) engineer, and under law entitled to service boilers, issue gas certificates and install and sign out new gas supplies. I think we all agree with with the law in the UK on gas fitting. Those violating gas regulations are rightly dealt severely by the courts in the UK.

Now then, what if a ATPL or CPL holder in the Scunthorpe before this accident decided as a hobby on his daysoff to do gas fitting for 'expenses', surely Ibbotson and local gas fitters would report him or her, likewise the local authority and Gas Safe would be pressing for a prosecution.

Whether Ibbotson was operating for hire and reward is not perhaps the issue, more to the point he was operating as a commercial pilot, yet not qualified to do so. In the same way I am not qualified to carry out surgery or act as a pro bono solicitor, solicitor being a protected title in law.

The crowdfunding page is worth visiting, for the comments. Many of Ibbotson's supporters seem critical that the football industry are not fully funding the search for Ibbotson, David Beckham has been identified as someone who should throw in some money towards the search, I ask why? Likewise they are very critical of the UK AAIB, which is highly respected worldwide, they do not understand the remit of the AAIB, in so much they are not an agency for the recovery of bodies. In the case of Lockerbie, my understanding was that not all the bodies were recovered. Of course there might had been further searches by the AAIB for the body, if they suspected that the pilot was incapacitated, but the was little indication of this.
The AAIB will know more than us, but the evidence suggest that the pilot was not qualifed to fly in IMC, or at night, icing was likely and the post mortem evidence from Sala suggests a high speed impact, so a controlled forced landing can be ruled out.
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Old 15th Feb 2019, 08:43
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I think you will discover there was no legal requirement prior to 2005 to insure an aeroplane .
Providing the patient is informed , a surgeon with no qualifications can legally carry out surgical operations . Unlike Vetinary doctors who need to be qualified to operate on animals .

Last edited by Driver airframe; 15th Feb 2019 at 08:57.
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Old 15th Feb 2019, 08:57
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Originally Posted by Driver airframe
I think you will discover there is no legal requirement to insure an aeroplane . A pilot is within the law to fly uninsured . This applies to light aircraft and commercial airliners . It is however an offence to drive a car uninsured .
Providing the patient is informed , a surgeon with no qualifications can legally carry out surgical operations . Unlike Vetinary doctors who need to be qualified to operate on animals .

Incorrect. Insurance is a legal requirement. EU directive.

https://www.caa.co.uk/Aircraft-regis...-for-aircraft/


a surgeon without qualifications is not a surgeon and carrying out a surgical procedure unqualified is assault as demonstrated this week by a tattoo artist who split tongues and cut ears off being done for assault.

https://www.bbc.co.uk/news/uk-englan...ngham-47198786


Last edited by S-Works; 15th Feb 2019 at 10:33.
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Old 15th Feb 2019, 10:20
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Originally Posted by anchorhold
... more to the point he was operating as a commercial pilot...
At this point that's only an assumption. Maybe he was so desperate for flying hours in the Malibu that he agreed to pay for the whole trip himself? Really - we don't know. And those who know are not talking (yet).
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Old 15th Feb 2019, 11:01
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Originally Posted by what next
At this point that's only an assumption. Maybe he was so desperate for flying hours in the Malibu that he agreed to pay for the whole trip himself? Really - we don't know. And those who know are not talking (yet).
So the person who asked him to undertake the flight paid for his fuel, landing fee and hotel and he was then going to pay them back? Then there is the conversation where he says I’m really short of money but I’ll fund transporting the £2m. a year footballer because I really want some hours on the PA46. There are some scenarios that are so ridiculous that they can be eliminated.

There are are some aspects of this that I find bizarre. It may well be that Ibbotson has lost a very expensive asset belonging to Cardiff City Football Club in circumstances that are illegal but the club owner is funding the search for Ibbotson’s body. I don’t see a moral trade off where someone doesn’t deserve a decent burial because of wrongdoing but it seems to me that a lot of people are contributing to the Ibbotson fund without understanding that the death of one of the men may be completely due to the negligence of the other.

The club owner is prepared to donate £50,000 to the search for Ibbotson but wasn’t prepared to fund proper travel arrangements. To those who say that they offered commercial flights but Sala insisted on his own arrangements, I say that the arrangements made were not ones that Sala was happy with and it has become quite clear that a Football Club does have the ability to control what footballers do in their own time.
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Old 15th Feb 2019, 11:47
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Originally Posted by runway30
So the person who asked him to undertake the flight paid for his fuel, landing fee and hotel and he was then going to pay them back?
(I am merely playing the lawyer of the deceased pilots family here!) All we know is that the pilot used another perons's credit card to pay for all those things. Like I do when I use my employer's company credit card. Some of it (like breakfast or room service) I will have to pay back to him later on. And many flying school/club aircraft have fuel cards with which fuel is paid. But that doesn't mean that the club or school will not claim back those expenses later on.

Originally Posted by runway30
Then there is the conversation where he says I’m really short of money ...
If ciminal charges/liabilty claims were brought against me every time I said these words... In court this is meaningless hearsay.

Originally Posted by runway30
... but I’ll fund transporting the £2m. a year footballer because I really want some hours on the PA46.
Maybe he didn't know who he was going to carry and how much money the guy was about to earn? Anyway, irrelevant in court. And my personal experience is that people in general are more greedy the more money they have. And even a guy earning a billion a year might not say no! to being offered a free trip.

Originally Posted by runway30
There are some scenarios that are so ridiculous that they can be eliminated.
Before court only evidence counts. Been there, done it... (flying related and not flying related). I also thought that my opponent's cause was so ridiculous that no judge could take it seriously. I learnt my lesson.
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Old 15th Feb 2019, 12:39
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Originally Posted by what next
(I am merely playing the lawyer of the deceased pilots family here!) All we know is that the pilot used another perons's credit card to pay for all those things. Like I do when I use my employer's company credit card. Some of it (like breakfast or room service) I will have to pay back to him later on. And many flying school/club aircraft have fuel cards with which fuel is paid. But that doesn't mean that the club or school will not claim back those expenses later on.



If ciminal charges/liabilty claims were brought against me every time I said these words... In court this is meaningless hearsay.



Maybe he didn't know who he was going to carry and how much money the guy was about to earn? Anyway, irrelevant in court. And my personal experience is that people in general are more greedy the more money they have. And even a guy earning a billion a year might not say no! to being offered a free trip.



Before court only evidence counts. Been there, done it... (flying related and not flying related). I also thought that my opponent's cause was so ridiculous that no judge could take it seriously. I learnt my lesson.
Ok, let’s go back a step to how the flight was procured. We know from public statements that Willie McKay didn’t charge Sala for the flight. However there is a hidden charter fee because McKay was receiving an agency fee for the football transfer. He, again we know from public statements, approached David Henderson to book the flight. David Henderson advertises himself as an Air Charter Broker, he can’t have it both ways, designate some flights to be flown by licensed air carriers and some by volunteer pilots funded by himself. It doesn’t really matter where the money changed hands or whether any of it reached Ibbotson, it becomes illegal public transport and Ibbotson was flying commercially on a private licence.
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Old 15th Feb 2019, 12:40
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Originally Posted by runway30


So the person who asked him to undertake the flight paid for his fuel, landing fee and hotel and he was then going to pay them back? Then there is the conversation where he says I’m really short of money but I’ll fund transporting the £2m. a year footballer because I really want some hours on the PA46. There are some scenarios that are so ridiculous that they can be eliminated.

There are are some aspects of this that I find bizarre. It may well be that Ibbotson has lost a very expensive asset belonging to Cardiff City Football Club in circumstances that are illegal but the club owner is funding the search for Ibbotson’s body. I don’t see a moral trade off where someone doesn’t deserve a decent burial because of wrongdoing but it seems to me that a lot of people are contributing to the Ibbotson fund without understanding that the death of one of the men may be completely due to the negligence of the other.

The club owner is prepared to donate £50,000 to the search for Ibbotson but wasn’t prepared to fund proper travel arrangements. To those who say that they offered commercial flights but Sala insisted on his own arrangements, I say that the arrangements made were not ones that Sala was happy with and it has become quite clear that a Football Club does have the ability to control what footballers do in their own time.
Cardiff offered him transport - he said he would make his own arrangements
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Old 15th Feb 2019, 12:54
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Originally Posted by what next
At this point that's only an assumption. Maybe he was so desperate for flying hours in the Malibu that he agreed to pay for the whole trip himself? Really - we don't know. And those who know are not talking (yet).
I think there is some confusion on this thread - no one builds hours at age 59. Build them for what - to get a CPL ? Once your are 60 you cannot legally fly single crew commercial flights - even with a CPL . Can't think of an airline who would take a low time 60 years old with no commercial experience for two crew ops.
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