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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

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Old 20th Feb 2019, 09:29
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Originally Posted by lilflyboy262...2
As for the Eclipse flights, under cost sharing, these are illegal to do so.
So far I have read nowhere that those flights were performed on cost sharing basis. In one of the interviews further up the page the manager (Mr.McKay) said that he paid for them. Alone. There is nothing illegal about that. Lots and lots of corporate flying is done this way: The company owns or rents a plane and either one of it's employees with a license or a contracted pilot flies it. The important thing is that no one must be invoiced for that flight.
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Old 20th Feb 2019, 09:51
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Originally Posted by what next
So far I have read nowhere that those flights were performed on cost sharing basis. In one of the interviews further up the page the manager (Mr.McKay) said that he paid for them. Alone. There is nothing illegal about that. Lots and lots of corporate flying is done this way: The company owns or rents a plane and either one of it's employees with a license or a contracted pilot flies it. The important thing is that no one must be invoiced for that flight.
Who has operational control? Mckay has said quite firmly several times that his company did not have operational control. That leaves Henderson having operational control and presumably his name is on the paperwork as having provided aircraft and pilot. Of course Henderson may have an entirely different view of the transaction, we don't know.
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Old 20th Feb 2019, 10:17
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Originally Posted by runway30
Who has operational control?
That would be Mr. McKay. It does not matter if he phones the parties involved (the owner of the plane and the pilot who flies it) himself or delegates those calls to his secretary, Mr. Henderson or Donald Duck. If Mr. Henderson, through his connections, gets a better price for the plane it would indeed be a wise move to let him do the talking. As long as the invoice for the plane is paid by him (McKay) as well as the fee for the pilot (in case he has a commercial license). The ultimate responsinbility to perform the flight within the legal frame rests with the pilot in command. I have flown like that for a large company for years. Their lawyer and their insurance people were happy with it. Countless ramp inspectors found nothing wrong with it.
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Old 20th Feb 2019, 10:27
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How it used to be done

My experience has largely UK Military and police flying, I did for a period fly corporate out of a small London airfield. The company I worked for held an AOC though we were based side by side with many other aviation enterprises and shared the airfield cafe with the whole spectrum of pilot's and visitors/clients etc.
The basis of our businesses was to offer a corporate service of providing aircraft and crew for charters, most business would come via a broker, these brokers would receive a request from a client and then phone around the companies to find the best fit and lowest cost. It often became a back and forth negotiation with our ops staff. We pilot's would be allocated the task the day before unless it was a rush job.
The client would often have no idea who or what would be flying them until they arrived at the agreed pick up point. They certainly would have no idea of the pilots qualifications or the capabilities of the pilot or the aircraft.
It often turned out that the broker had promised things to the client to seal the deal that left we pilot's spinning plates on the day, or having to explain the real world to the client in an uncomfortable conversation.
It was also the case that one pilot willing to bend the rules or give in to the client could set a dangerous precedent for those that followed.

​​​​​​In summary, I'd be looking at the broker first and foremost and work out in both directions from there.
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Old 20th Feb 2019, 10:37
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Originally Posted by what next
That would be Mr. McKay. It does not matter if he phones the parties involved (the owner of the plane and the pilot who flies it) himself or delegates those calls to his secretary, Mr. Henderson or Donald Duck. If Mr. Henderson, through his connections, gets a better price for the plane it would indeed be a wise move to let him do the talking. As long as the invoice for the plane is paid by him (McKay) as well as the fee for the pilot (in case he has a commercial license). The ultimate responsinbility to perform the flight within the legal frame rests with the pilot in command. I have flown like that for a large company for years. Their lawyer and their insurance people were happy with it. Countless ramp inspectors found nothing wrong with it.
The company you work for, even though they may have delegated authority to someone else, will say that they decided what aircraft to hire and what pilot to hire. They have also informed the insurers as to how the aircraft is being operated.
I have always taken the view that Mckay could have said that he was providing his corporate aircraft for free. However his public statements don't describe that, they describe a charter provided by Henderson.
Now he may be saying one thing in public and another to the investigators. We will have to wait and see.
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Old 20th Feb 2019, 11:29
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Art, what you've described is the work of a proper Charter Broker who one hopes wouldn't consider using a non AOC operator for their clients.
That is a world apart from an ex bookie gotten greedy...
I'm sure the sheer amount of flights this guy has organised will spark the close interest of the CAA.
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Old 20th Feb 2019, 12:00
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Operational Control:

There is either an ops manual stating who has operational control, or it is the PIC.
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Old 20th Feb 2019, 12:13
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Originally Posted by runway30
The company you work for, even though they may have delegated authority to someone else, will say that they decided what aircraft to hire and what pilot to hire. They have also informed the insurers as to how the aircraft is being operated.
I have always taken the view that Mckay could have said that he was providing his corporate aircraft for free. However his public statements don't describe that, they describe a charter provided by Henderson.
Now he may be saying one thing in public and another to the investigators. We will have to wait and see.
"Duty of care" will be the gotcha !
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Old 20th Feb 2019, 12:24
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Originally Posted by oggers
Operational Control:

There is either an ops manual stating who has operational control, or it is the PIC.
Not necessarily. In a typical "corporate flying department" where a company owns (or has access to) one or more planes and employs (or contracts) one or more pilots it is the company that has operational control. It decides on the flying dates, which plane to use for what route and which pilot to assign to each flight. Under EASA part NCC an ops manual is required for that kind of flying (which would include the Eclipse of which was written above) but not a piston Malibu. Anyway the latter was "N" registered and therefore outside EASA regulations.
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Old 20th Feb 2019, 12:24
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Originally Posted by oggers
Operational Control:

There is either an ops manual stating who has operational control, or it is the PIC.
I knew this would be controversial and it was deliberately so. When an aircraft is being hired out to a different company every day does the PIC replicate those functions that would normally be provided by a corporate flight department? If the PIC is the only one undertaking those functions for multiple companies, is he not operating an air carrier without an AOC?
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Old 20th Feb 2019, 12:31
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Originally Posted by runway30
If the PIC is the only one undertaking those functions for multiple companies, is he not operating an air carrier without an AOC?
I would say no. I could get a phone call from a company that has/rents a plane telling me their regular pilot called in sick and asking me if I would fly their plane tomorrow. That does not make me an air carrier. Their plane, their passengers, their destination. I only handle the conrtrols.
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Old 20th Feb 2019, 12:35
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Originally Posted by what next
I would say no. I could get a phone call from a company that has/rents a plane telling me their regular pilot called in sick and asking me if I would fly their plane tomorrow. That does not make me an air carrier. Their plane, their passengers, their destination. I only handle the conrtrols.
Apologies, I was unclear. In my scenario, the PIC is choosing the aircraft on behalf of the company.
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Old 20th Feb 2019, 13:05
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Originally Posted by 2Donkeys


Mike. I struggle to understand which aspect of this unfortunate affair has anything to do with the letter painted on the side of the aircraft. Perhaps you could clarify.

The CAA is required to have oversight of all flying occurring in the UK FIR regardless of the registry of the aircraft concerned. If there is an issue with questionable charters, the issue is a lack of oversight in general, unless you are suggesting that the CAA somehow watches G reg ops like a hawk and ignores the N reg ops.

There are, in my view, two reasons why there is a proliferation of N reg in Europe, neither (directly) associated with cost.

1. The FAA flight crew licensing regime has been rock steady whilst we in the Uk have watched a dogs dinner unfold as we’ve moved from CAA to JAA to EASA to whatever next.

2. The FAA has historically been far faster to approve new technologies, making the register far more attractive to those operating more advanced aircraft.

The accident rate on the N reg fleet globally is far better than the G reg fleet (so far as these things can be compared) and the FAA has not been slow to act when circumstances require.

In situations like this, it is easy to point at the registry and claim that it has something to do with the events concerned. Right now, I see no link. Tell me why I am wrong.

You make some valid points 2D but of course many of these N reg aircraft are hidden away behind US trusts so that it is difficult to establish who the actual owner and operators are as in this case.

The Malibu was registered to a mailing address in Norfolk , a county where I have owned property for over 30 years. Earsham Hall is home to a number of small business’s all far removed from US aviation.Until recently I never knew it was a postbox for Delaware registration of aircraft.

Clearly as is the case with many N registered aircraft there is a desire on the part of the beneficiaries to hide their identity.

Clearly there is legislation that prevents me from driving a US registered car in the UK (members of the US airforce excepted) so why is an aircraft any different?



Last edited by Mike Flynn; 20th Feb 2019 at 14:12.
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Old 20th Feb 2019, 13:26
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Originally Posted by runway30
In my scenario, the PIC is choosing the aircraft on behalf of the company.
Even then the PIC might not automatically become an air carrier. If in my last example a company tells me that the plane they usually use is unavailable, and if I perhaps could find them a different plane and maybe fly that myself then they still have full control. Their flying date and time, their destination, their passengers, all costs paid by them, their final decision on plane and pilot.
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Old 20th Feb 2019, 13:38
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Was this a charter?

These are the statements that convinced me that this was a charter and not the use of corporate aircraft.

"With regards to the booking of the flight we contacted Mr David Henderson, who has flown us and many of our players all over Europe on countless occasions," McKay said.

McKay added: "We had no involvement in selecting a plane or a pilot and we also wish to make clear again we do not own the plane that Emiliano flew on."
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Old 20th Feb 2019, 13:50
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Originally Posted by runway30
These are the statements that convinced me that this was a charter and not the use of corporate aircraft.
If it really was that way then indeed it was more charter than corporate flying... Mr. Henderson will probably tell the exact opposite. Some judgde or jury will have to decide who to believe.
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Old 20th Feb 2019, 14:22
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More McKay quotes

"We take our plane get clubs in it - people who can decide, not the local scouts For different reasons - age, style of play, playing in League 2 and other issues, we only have an offer from Cardiff City – newly-promoted with a manager who fell in love with you first of all from your footage online."

"Cardiff can have a jet for you tonight or tomorrow to pick you and any other people you want to bring with you." I think subsequent statements were that these were McKay paid flights

Both from McKay email to Sala reproduced here in Daily Mail Online Article 18-19/02 (can't post URL)
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Old 20th Feb 2019, 15:50
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Originally Posted by runway30
I knew this would be controversial and it was deliberately so. When an aircraft is being hired out to a different company every day does the PIC replicate those functions that would normally be provided by a corporate flight department? If the PIC is the only one undertaking those functions for multiple companies, is he not operating an air carrier without an AOC?
What I was getting at is in the case of a private flight the PIC is the final authority for operating the flight (though not necessarily the only person with operational control responsibility, eg the owner if different). Whereas in the case of a legitimate commercial charter, those responsible for operational control are management listed in the ops manual (of course the PIC might happen to be one of them). The distinction is that for the line charter pilot there has to be some authorisation from management to do the flight as part of the extra checks and measures on professional charter companies.
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Old 20th Feb 2019, 19:17
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Originally Posted by S-Works
I can 100% assure the nay sayers that the UK CAA Enforcement branch are taking this very seriously and are pursing it VERY actively............
This assurance looks to be coming from an authoritative source, and if that is the case then it is the best the news so far. I wish they would go public with it and show us all they are there to look after the safety of all who travel by air.
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Old 20th Feb 2019, 19:56
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Originally Posted by Chronus
This assurance looks to be coming from an authoritative source, and if that is the case then it is the best the news so far. I wish they would go public with it and show us all they are there to look after the safety of all who travel by air.
Why should they publish information on social media? They will investigate, produce a case and prosecute in accordance with law not the demands of the internet mob.........
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